Court Claim - Far & Beyond group Ltd - 13-9-2017

[Alpha47]

Received a claim? Yes
Issue Date: 13-9-2017
Amount approx: 920
Claimant: Far & Beyond group Ltd T/A
Solicitor: CW Harwood &co


Particulars of Particulars of claim

The claimant claims the sum of £920. 20 being monies owed by the defendant to the claimant for the price of funeral services provided for the defendant by the claimant at the defendants request, together with debt recovery cost and commission.
Despite request for payment, the sum of £920.20 remains due and outstanding. In addition the claimant is entitled to interest upon the outstanding sum, at the rate of 8% per annum pursuant to section 69 of the count courts act 1984 in the sum of £15.57. AND THE CLAIMANT CLAIMS
The sum of £920.20 pursuant to the above Interest in the sum of £15.57 pursuant to the paragraphs above.Further interest upon the outstanding sum at the rate of 8% per annum. Pursuant to section 69 of the county courts act 1984 from the date hereof at the daily rate of£0.20 until judgment or sooner payment. Costs and court fees.

Have sent: Acknowledged the Claim

Other Info:
This is a bill for my ex husbands funeral. I have paid part of it but I was being harassed by the funeral director and he is keeping the ashes until till he gets paid. I did think of complaining at the time. In the end I couldn't talk to him I as so upset.
Can anybody help with what I do. I want to pay but i need time, i would like to guarantee the ashes will be returned. Is there any Defence when you have been harassed for payment to the extent you cannot deal with the people. The funeral director knew from the start I did not have all the money. I had hoped DWP would help but they did not.
Many thanks for any help. I do not have long to reply to this.

[jaguarsuk]

Re: Court Claim - Far & Beyond group Ltd T/A / - 13-9-2017

Hi and Welcome

There may be potential to defend the claim on the grounds that the funeral director haven't provided the service they agreed within the contract with them and this is why you are withholding payment, because whilst they hold your husbands ashes they have not delivered all the services to you in the contract potentially. Unless specified in the contract they don't have the right to withhold services from you and then claim the cost of the full service.

You would need to post a copy of the contract you agreed with them here to allow it to be read as that's the only way that it can be determined what you agreed.

It may also be the case that completing the admission form with your income and expenditure is the best option because you can make an offer of repayment affordable to you.

[warwick65]

Re: Court Claim - Far & Beyond group Ltd T/A / 13-9-2017

Hi
What an awful situation.

I take it there were no funds in your ex husbands estate to cover the cost of the funeral and you decide, quite understandably to pay for it.

I can see a few options,

1)Contact the claimant and make an offer to pay based on your income and expenditure
2) Put in a defence but agree to mediation and at that point do the above

I would tend to say do not admit to the debt as this will likely mean a CCJ and damage to your credit file for another 6 years although if this is not a problem for you it could be an option

maybe [MENTION=87380]Diana M[/MENTION] or [MENTION=6]Amethyst[/MENTION] could offer some sensitive advice

[warwick65]

Re: Court Claim - Far & Beyond group Ltd T/A / Linda ince - 13-9-2017

Just had a thought

Were you still legally married when your ex died?

If not had you signed a contract with the undertaker because without a contract and in the absence of a lawful next of kin I am not sure how you could be liable for the bill

Sorry if I have assumed anything because after looking at their website the say they specialised in LGBT funerals.

[Amethyst]

Re: Court Claim - Far & Beyond

"debt recovery cost and commission." What commission?
Witholding your ex-husbands ashes is a deplorable way to behave in a matter of obtaining payment for a bill IMO. Interesting discussion on the issue http://www.goodfuneralguide.co.uk/20...e-the-referee/ - doesn't help, but shows it does seem to be an issue that arises quite a bit.

First step is to sign up to Moneyclaim online and put in an acknowedgment of service, tick the intend to defend in full box, - this simply extends the time you have to sort out your response to 28 days from when you received the claim rather than 14, there should be details on the claim form ( bottom right ) how to do this.

Then if you have any paperwork from the Funeral Directors, any contract, bills etc could you redact your personal info off them and post them up.

Can you explain the harrassment a bit more too ?

Also what happened with your application to the DWP for help ?

Just to check is this the company ? https://farandbeyondfunerals.co.uk ? ( just seeing if they have any terms on there) They are members of NFFD ( http://www.nffd.co.uk/funeral-director/code-of-conduct )

How are you doing? You seem to have a lot on your plate at the moment, when you least need it. Do you have any other family around you that could help you get things back straight ?

I've removed your name from your post btw xxxx

[nemesis45]

Re: Court Claim - Far & Beyond group Ltd T/A 13-9-2017

Commission payable to a debt collector??

nem

[Amethyst]

Re: Court Claim - Far & Beyond group Ltd T/A - 13-9-2017

Dunno - seems to be a solicitor firm ( CW Harwood &co - http://www.cwharwood.co.uk/debt.htm )

[Alpha47]

Re: Court Claim - Far & Beyond group Ltd - 13-9-2017

Hello thank you for all the replies. I had to get my paperwork in shortly after i posted this problem. I wanted to try to defend on the grounds they had not completed there work as we still have no ashes, but felt I did not know how to do this. So I filled in the admission of claim sent my budget to them.Offered £35.00 per month.

I know judgment was made on 12th November. I just got a letter off the claiment asking for £135.00 per month, I have to fill in a direct debit and pay by 24th November or they take it to high court for collection.

I cannot help but think they have not told court about my offer. No letter of the court yet. I have been trying to phone the helpdesk to ask about this I can not get through. They went through the business centre.

On one or 2 points I found out I was still married on paper. Divorce papers incorrect.

I could not log on to the actual contract with far and beyond, some sort of contract in the cloud i had no access. I do have the bills they seem okay? I had paid about 1400 I need to check my payments. I did this for my son, he is next of kin. He is too I'll to deal with it.

The harassment is difficult to describe they would call me continually and keep changing there mind about things, one of the ,people there kept phoning, he insisted I phone DWP and let him talk to them about my claim. I was feeling quite sick the day he did this and I could not get off the phone. DWP paid nothing towards the funeral. I had managed to get £1700 from the bank, I used that to pay for the funeral and the cricket club afterwards. A lot of people he had worked with wanted to attend. All a bit sad he had not been managing and everything was a mess. No money it had been gambled. I had though there would be enough for a funeral.
In the end I could not talk to funeral company

I have about 2 days to sort funeral payment out. They will go to the high court, they have a nasty side. I was wondering if I can ask for a set aside as I had intended to partially defend but was unwell at the time, and on grounds of breach of contract. Re the ashes.
Would be forever grateful for any help. I am also really grateful for your replies to date.

Thank you
Alpha