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linbren03

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  1. Thank you for replying. There was not enough money in his estate to meet the bequest, there was only £10,500 left in the deceased estate. This amount was given to his common law wife. (his partner) None of the beneficiaries including his wife received anything. The £10,500 legacy was paid in full to the deceased's partner. There are two Executors one of which is my wife the other is her brother, Who took the decision to give the £10,500 legacy to the deceased's partner after consulting with his financial advisor.
  2. Hi everyone Firstly I would start off by thanking everybody who took the time to give me advice on my problems concerning paying beneficiaries their legacies. On a more somber note it has come to pass that one of the executers has taken it upon himself to pay the full residue of the funds left in the estate to the deceased's Common law wife. As this was given by mistake - can we get the money back or do we write it off as it was given in good faith to the recipient?
  3. We could not get insured as it was too long a period for a company to insure us as it was over 12 months till departure date. Paramount Cruises wouldn't move on their position saying it was in their T&Cs that deposits were non-refundable. I took it to ABTA and they agreed it was against the CMAs code of practice but had no powers to enforce their findings. I have complained to the CMA about Paramount Cruises T&Gs and hopefully they will do something about this matter and people in the future will not lose their deposit if something unforeseen happens to them.
  4. Excuse my ignorance but but what do you mean by abate in the reverse order of distribution?
  5. Hi I would like some advice concerning the contents of a will left by an in-law. There are insufficient funds in the estate to pay all the legacies in the will. The house stated in the will has been sold and as a consequence there is not enough money in his estate to meet the bequest. I have been led to believe those legacies must abate. Does that mean that the legacies must be reduced proportionately? As there are different sums involved (please see enclosed copy of the will) how does this work in practice? The will states sums that sums of money will bequeathed to his: Wife Brother Sister Common law wife By way of abatement, who takes precedence? Many thanks will.pdf
  6. On 29th April we wrote to in Paramount cruises to inform the company that due to extenuating circumstances, the accompanying letter from the orthopaedic surgeon stated That my wife was unable to undertake the cruise due to a failed knee replacement, Which has left my wife unable to sit in one position for a prolonged period, with a heavy heart we had to cancel as this was a trip of a lifetime for us and retirement present to my wife from me. Paramount cruises had point blank refused to refund our deposit 0f £600. Citing their terms and conditions.(please see attachment) Considering we are cancelling nearly 9 months before the departure date Paramount cruises stance on this matter is totally unfair. We have been told that Paramount cruises are not adhering to The Competition and Markets Authority code of practice concerning cancellation charges. We would like some help from your team as £600 is a lot to lose especially when you are on a state pension. here are the T&C's 6. CANCELLATION AND AMENDMENT Cancellations: You may cancel your booking at any time. Cancellation requests must be sent to us in writing to Customer Services by post to Paramount Cruises, 2nd Floor, 10/11 Percy Street, Fitzrovia, W1T 1DN, United Kingdom, or by email to customercare@paramountcruises.com, by the lead name on your booking and it will not take effect until received by us. Upon receipt of your cancellation request, the principal(s) or supplier(s) may be entitled to charge a cancellation fee as specified in their terms and conditions. Cancellation fees may be as much as 100% of the total price of the travel service depending on when cancellation occurs. Flights are usually non-refundable any time after the date of booking. In addition, as we incur administration costs in processing your cancellation request, we charge an administration fee per passenger as set out in Clause21. Amendments: If you want to amend any aspect of your booking you must notify us in writing by post at Paramount Cruises, 2nd Floor, 10/11 Percy Street, Fitzrovia, W1T 1DN, United Kingdom, or email to customercare@paramountcruises.com. We cannot guarantee that an amendment can be made after your booking is confirmed and this will depend on the terms and conditions of the supplier(s) of the travel service(s). Other than in respect of a request to increase the number of persons in your party/booking, you would need to pay an amendment fee per passenger as set out in Clause 21, together with the airline/supplier amendment charges (if any). If you have taken out travel insurance (see Clause 7 below), you may be able to claim any cancellation and amendment charges under your policy.
  7. Hi I would like some help on an issue. My wife and I have got a Static Caravan that we use for family holidays. Our permanent residence is a rented property. My question is would we have to sell our holiday home if one of us goes into care? Many thanks
  8. Please correct me if I am wrong. This means a defendant can make a counter claim without any evidence to back it up and without sending any evidence of the counter claim to the Plaintiff or to the court in their evidence bundle. And the court will allow this counter claim to be heard?
  9. Hi Everyone I have another query concerning my up and coming small claims hearing. Which is the defendants have stated in their evidence statement they want to issue a counter claim against us but we haven't received any evidence from them in their evidence bundle to back their claim. Will the judge allow this counter claim? Many thanks
  10. Hi Everyone I need advice about my ongoing small claims case. I am at the point of sending in my evidence bundle and I have noticed that I have made an error on my N 1 form. Is there any way I can amend this mistake by informing the court at this late stage? Again many thanks for your help
  11. Hi Andy I would just like clarification on a couple of points in the Notice of allocation document it states: The parties shall each send to the court and to each other by no later than 4.00pm on 24 August 2020 written statements [preferably typed of all persons who are to give evidence at the trial. This includes the-parties themselves limited to 2 witnesses per party. By 4.00 pm on 24 August 2020 the claimant must send to the court and to the defendants copies of all the documents he intends to rely upon at the final hearing. These must be in a bundle with each page clearly numbered. By 4.00 pm on24 August 2020 the defendant must send to the court and to the claimant copies of all the documents he intends to rely upon at the final hearing. These must be in a bundle with each page clearly numbered. Am I correct in assuming that I have to send to the court the evidence bundle I intend to use and another evidence bundle to the defendants address?
  12. Many thanks for the all the advice. Here is the background to story to our case: From the local paper explaining what happened to us. If you need any more information let me know please. https://www.plymouthherald.co.uk/news/plymouth-news/furious-plymouth-newlyweds-hold-wedding-3747411?fbclid=IwAR2yK-kELf-DKiA_iyp6D6hbSYBEAdW45uywMWHZJ5NA0fXIEYVtZfgSWVA Also I have enclosed a copy of the notice of allocation Once again many thanks for all your help allocation to the small claims court page 2 (2).pdf
  13. I have received Notice of Allocation to the Small Claims Track. I would like some clarification on some points in the document: 1. It states that the hearing will take place via Microsoft Teams at the local County Court. Does this mean it is mediation services or an actual Court Hearing? 2. I have been asked to send in all the documentation pertaining to my case as I am the claimant but I have already sent the evidence I intend to use when I sent in my claim form (Particulars of Claim) Does this mean I have to resend them? Lastly when is the best time to send the court fee just in case the plaintiff decides to settle before the hearing and I lose the court fee. Many thank in advance
  14. I moved into a rented property several years ago and the garden shed was already in situ. It has now deteriorated to such a condition that it needs replacing. My landlord has said that it is no longer their policy to replace sheds in tenants properties. I would like to know if a shed counts as a fixture and is therefore the Landlords responsibility under the tenant and landlord act. Many thanks
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