Mr.P
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Everything posted by Mr.P
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If you are thinking of renting the entire house and living elsewhere, removing the tenants when the property is sold could end up being an expensive and drawn out affair involving courts & bailiffs. Also, many potential purchasers would be put off knowing tenants are in place, and it would certainly reduce the value of any offers. Remaining in the house and taking in a lodger would ease your cash flow, would not impact on property value, and the lodger can be removed with as little as 24 hours notice.
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Does the Lodger have any rights?
Mr.P replied to southerner's topic in Residential and Commercial lettings/Freehold issues
Most (all ?) police forces have a specialist domestic abuse team. They recognise that abuse can take many forms: Physical, financial, emotional. Try to get your friend to talk to the D.A. team and find out what sort of assistance they can provide. -
Does the Lodger have any rights?
Mr.P replied to southerner's topic in Residential and Commercial lettings/Freehold issues
I have been renting a spare room for a year or so now. Had a lodger, that for one reason or another, required the involvement of the police. Her licence to occupy was rescinded there and then, and locks changed the following day. Her belongings were collected a couple of days later by a neutral third party. Whilst I would agree that up to a month's notice would be appropriate in most situations, when faced with abuse or threats, summary notice would be a reasonable response. -
Does the Lodger have any rights?
Mr.P replied to southerner's topic in Residential and Commercial lettings/Freehold issues
In my opinion, he isn't a tenant as he has shared use of the kitchen, bathroom, and possibly other areas of the house. If he had been paying rent, then then perhaps he could claim to be a lodger, but this wouldn't offer much protection. Changing the locks whilst he is out and calling the police if he attempts to break in would be one way of getting him out. Certainly, if he is abusive and controlling, then the police should have been involved sooner. -
2x 100mph in 90 mins by same camera
Mr.P replied to Eddie84_09's topic in Speeding and Motoring Offences
Start looking for a new job. I'm afraid you stand a very good chance of losing your driving licence. -
Cashing in small pension pot
Mr.P replied to anotherdebt's topic in Pensions - including Pensions Fraud
If this is a defined benefit scheme, you should take some professional advice before cashing it in. Also be aware that you may well have to pay income tax on the amount you take out of the pot. -
Provident IRL - Deceased Relative***Resolved***
Mr.P replied to ads_uk's topic in Provident and associated companies.
They do not get a choice in the matter. They can always get the solicitor to provide a certified copy of the will before sending the original off with the probate application. Do you know who the executor is who has been named in the will ? -
They will probably sell the debt on to Phillips & Cohen who specialise in "deceased account management". P&C have a pretty grubby reputation when it comes to collecting on these types of debts.
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Philips and Cohen specialise in recovering debts from the deceased. Often resorting to stretching the truth as to who is responsible for repaying the debt and hounding the living. The grant of probate gives you the power and authority to act as if the deceased was still living (in my opinion). If MBNA is not prepared to play ball, then complain to the ICO, and should P&C make contact, refuse to deal with them until such time as you have all the required information. P&C won't supply any data regarding the debt, but they may prod MBNA to do so.
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You can certainly put in for a mandatory reconsideration. If they say "out of time", there have been more than one tribunal ruling knocking back the DWP time limits. You have solid grounds for a MR as the decision has been made without having any evidence to hand. Quite shocking that they should make a decision based on a single paragraph form a (poorly) qualified "health worker".
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A question regarding probate and distribution of funds
Mr.P replied to EmmyJ's topic in General Legal Issues
The information provided by the probate search gives the date of death, the date probate was granted, and a reference number should you wish to purchase a copy of the documents. It is an indicator that the estate is in the process of being liquidated, but won't give any information as to how long it will take before the funds are distributed. Depending on how complex the estate is, it could be steeled within twelve months, or it could take a couple of years. As an example, my grandfather's estate took over thirty years before any funds were distributed. Long story, but it involved misappropriation of funds by the executors and questionable activities by one solicitor in the early days. In your situation, all I can suggest is to make regular inquiries with the executor, but do bear in mind that he will charge the estate a sizable fee each time.- 9 replies
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- distribution
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Thanks for the update. Thread title changed to reflect the outcome.
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- cancelledpenalty
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Provident IRL - Deceased Relative***Resolved***
Mr.P replied to ads_uk's topic in Provident and associated companies.
The status of executor or administrator would only be granted after a probate application has been made. If the estate is worth less than £5,000, there is no court fees to pay. For further information, see: https://www.gov.uk/wills-probate-inheritance I have my doubts that Provident (or any other body) would respond without a letter of administration, so it may well be worth applying for probate. -
Neighbour Ignores Party Wall Request
Mr.P replied to WoodDD's topic in The building trade and installers
Some useful information: The above quoted from: http://www.mypropertyguide.co.uk/articles/display/10105/are-my-proposed-works-covered-by-the-party-wall-act.htm As the OP has a Victorian era building which will most likely have very shallow foundations, a party wall agreement should be in place before any new foundations are dug. If the neighbour is refusing to enter into an agreement or appoint a party wall surveyor, then the OP will probably need to go to court and get an injunction to put a stop to the planned works. OP: Do you have legal expenses cover with your household insurance ? If so, contact them as it will save a lot in litigation costs if structural problems surface in your property at a later date. -
DWP - How to get data from work capability assessment? GDPR, N1
Mr.P replied to d_p's topic in Benefits and HMRC
If the DWP have failed to provide all the data you requested, then a complaint to the ICO is in order. If they have included someone else's personal information, then this too should be reported to the ICO. It may also be worthwhile getting your local MP on board and see if he/she can bring pressure to bear on the DWP.- 5 replies
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The DWP will be the Data Controller, and Maximus, merely the "data processor". As such, the DWP will be entirely responsible for supplying data requested via a SAR. A formal complaint to the ICO would be in order, and copy it to your local MP (although most of them are pretty useless).
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appeal and potential harassment claim
Mr.P replied to Paradiselost73's topic in General Legal Issues
Have you been to the police about the harassment and videos ? The videos could possibly fall withing the remit of the Information Commissioner's office and they may be interested in bringing a case of their own. -
DWP overpayment due from deceased's estate***Settled***
Mr.P replied to reallymadwoman's topic in Benefits and HMRC
In this situation, I would respond with an equally terse letter pointing out that that it is highly insensitive to be making such demands so soon after death. Inform them that no debts will be paid until such time as an executor (or administrator) has been appointed and all assets have been accounted for. Follow this up with a second letter demanding a breakdown of the alleged debt along with a list of all repayments to date. Head this as a Subject Access Request and they are then bound by the GDPR rules. -
Always worth including a link just in case a search engine puts the wrong document at the top of the list. The one I came across is: https://www.gov.uk/government/publications/tax-credits-what-happens-if-youve-been-paid-too-much-cop26 Hopefully, the right one
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Banned from super market
Mr.P replied to thedryad's topic in Retail loss Prevention/Other shoplifting allegations.
Replaced with local. -
How many of these debts are solely in her name, which are in the ex-husband's name, and what are in joint names ? She should not be paying anything against debts that are in his name, and you are certainly not liable for any of them.