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Help with philip and cohen in relation to probate


henry555
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Dear All

 

My moth in law passed away last year and her brother (an old solicitor), whom is looking after her probate asked me to question a few things.

 

1) Was a debt she had with a credit card company MONUMENT (the britannia recoveries), this seems to have been passed on to Philips and cohen as they have asked us for a payment of £2,788,33. I requested aCCA from them and paperwork arrived today

 

2) They have supplied a reply card signed by MIL on 7/02/03. This states in declaration to take note of terms 22 and 23 in the terms and conditions.

Top left your name and address box, bottom left please complete the following details,

top right declaration, bottom right sign today

 

3) The T & C's they have supplied only go to 18.10

 

4) Also on the T & C's it states there will be a £12 charge for late payment, yet on their print out of payments she was charged £20 for late payments.

 

5) They havent sent statements as such just spreadsheets so this shows no balances at all

nor interest

 

6) Their T & C's also state no interest as they are obviously just template ones, which could be recent ie only going up to section 18 and having £12 charges on them

 

7) they have sent us the last statement which shows the alleged balance

 

8) It also shows many £2 cheque cash handling fees which I cant see mentioned in T & Cs and cash interest and monument interest taken out every month.

 

9) it seems she made last payment on feb 2012

 

Wondered what anyone thinks on this??

 

Kindest regards

Henry

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Sorry to hear about the bereavement. I think the first thing would be to write to the owner of the debt setting out your objections and see what their response is. It is worth keeping the beneficiaries informed.

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