General Debt Issue

[rondodiver]

They can use as much gobby legal para as they want if they haven't got documents and Cabot have already admitted that then what can they do ?, would they take this to court? can they win without documents? I am guessing not but have sent it onto my solicitor for them to see and await Monday morning for the discussion.

[rondodiver]

Just been told by my solicitor that they cannot pursue the matter with Cabot, although I can but basically they cannot finalise the estate until some sort of agreement is in place. And they are suggesting we pay up and I am not prepared to have come this far just to give up now clearly Cabot have decided to ignore any of my letters as they have passed it to Morgans shall wait and see what they have to say, so solicitors have been told not to pay anything to Cabot and finalise the estate without them shall await the response .

[BRIGADIER2JCS]

Can't fault your reasoning no proof no pay,although I fail

to see the solicitors reasoning as stated above if any creditor fails

to prove their claim within the time scale set by the executors

they are excluded IMHO.

[rondodiver]

I am firmly on the page of no proof no pay so will continue to reject any claims from Cabot and the solicitors. I am hoping the solicitors will see sense and agree with me, how naive am I being however one can live in hope, so all I need to do now if make sure everything I do is absolutely documented perfectly. I have been doing a lot of reading and already know that the letter Cabot sent at weekend was against oft debt guidelines as it wasn't sealed so enabling all and sundry who handled the letter to have quick read, so watch this space and if anyone can add any snippet of info regarding this it would very gratefully appreciated.

[BRIGADIER2JCS]

I can see no further action suitable at present, the matter

is IMHO settled by Cabots failure to prove their claim.

Brig.

[rondodiver]

Thanks brig I appreciate the support I am getting and the advice I shall now sit tight and await the engine of Morgans to fire into action and then hopefully make it cough and splutter

[BRIGADIER2JCS]

You are most welcome!!

Brig.

[cerberusalert]

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Mmmm........ methinks a reality check might be in order.

[BRIGADIER2JCS]

Psychiatry and a long holiday in a rubber room,I reckon

if they are deluded enough to believe that twoddle.

[cerberusalert]

I put post #93 in the wrong thread... must be having a senescent moment.

[rondodiver]

Hi All

 

Gone very quite, haven't heard from Morgans yet so still waiting, can I finalise the accounts now, we have the final tax deduction certs for year of death and the forms submitted all is well on HMRC front. As we haven't finished with Cabot yet does that mean distributions cannot be made until they say no liabilty exists or can I go ahead, everything I have read suggests the former that until its paid nothing else can be paid. All other bills are sorted council tax electric etc this is the last one.

[BRIGADIER2JCS]

Hi All

 

Gone very quite, haven't heard from Morgans yet so still waiting, can I finalise the accounts now, we have the final tax deduction certs for year of death and the forms submitted all is well on HMRC front. As we haven't finished with Cabot yet does that mean distributions cannot be made until they say no liabilty exists or can I go ahead, everything I have read suggests the former that until its paid nothing else can be paid. All other bills are sorted council tax electric etc this is the last one.

 

Hi, I think you can finalise every thing Cabot have not complied with the published time scale so they are excluded from any claim.

If the executors don't conclude the estate with due diligence their can be problems, I cannot see why you need to wait for Morgans,

Cabot to make any further approaches.

If you want to be double sure a small add in your local paper advertising the Estate of xxxx will be finalised in 7 days of the date

of this notice no further claims will be admitted, this goes under the phrase ''valid even if not read by you''

 

Brig.

[rondodiver]

I want to check to ensure no other lowlife are going to come out of the woodwork so I am thinking of getting my Dad's CRA report and check if there is anything potential on it is that possible will look at experian website anyway but wondered if anyone had any ideas here

[cerberusalert]

I'm not 100% sure but i don't believe you can access his CRA file, not that it matters because you have published the notice which covers you.

[rondodiver]

Thanks cerbs, I did google it and whilst the search never returned any information it did suggest contacting the CRA's and putting a deceased marker on his file so that noone can commit identity theft. and regards the notice yes that does protect the estate was just being over cautious I think

[rondodiver]

Have just found this and I think its worth pasting a link foir future references

 

http://www.talktalk.co.uk/money/latest-features/credit-centre/protecting-identity-of-the-dead.html

[BRIGADIER2JCS]

You cannot access another person file under any circumstances

to attempt to do so may lead to charges being brought against you.

[cerberusalert]

It seems indeed the Executor can request it;

 

The most effective way of spotting identity fraud is to obtain a copy of the deceased's credit file. An executor can apply for another person's credit file, by contacting Equifax by post or telephone. They will need to provide evidence of their status as an executor and proof of death. http://www.talktalk.co.uk/money/latest-features/credit-centre/protecting-identity-of-the-dead.html

[BRIGADIER2JCS]

You are of course correct I had misread the post, no intention

to mislead.

 

Brig.:

[rondodiver]

Thanks guys really appreciate the time u have spent to research I will indeed grab a credit report via the solicitor as Cabot state they will report to CRA etc. Can't for the life of me understand why as it seems pretty pointless they cant hurt him anymore I fail to understand the mentality of that action

 

Oh and Brig don't worry about misleading it wasn't taken as intentional I respect everyone's comments and make informed choices

[BRIGADIER2JCS]

TA:madgrin:

[cerberusalert]

Can't for the life of me understand why as it seems pretty pointless they cant hurt him anymore I fail to understand the mentality of that action

Maybe they're Buddhists & believe in reincarnation or even that they can influence the afterlife.

[BRIGADIER2JCS]

I think they are the reincarnated ones, I wont say more as I''ll get

CAGBOTTED.

[rondodiver]

If they do believe in reincarnation they are boy going to meet me again one day lol

 

Anyway on a different note obviousley been doing loads of reading and came across a an article about advertisments to do with statutory rules i.e London Gazette stuff, anyway it stated that (if you are aware a debt exists you are not protected under the Statutory advertisment rules i.e if a creditor doesn't make a claim within 2months and 1 day this doesn't count if you are aware) I wonder how that would stand up if challenged as I couldnt find anything to back up that particular statement

 

Any thought would be interesting on the above

 

All is quite at the mo

[BRIGADIER2JCS]

Not a clue, has it ever been tested:???: