• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

owing a deceased money.

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • owing a deceased money.

    Hi Guys
    Hope all are well.

    Conundrum that I need help with.

    in 1980 my neighbour Geoff started a business, his friend elderly Daisy gave him 15k to get going. He visited her once a month to repay her 100 as agreed. all was great, then she became ill and moved into a council home, she had about 30k he thinks. He carried on visiting and paid his 100. However Daisy had a daughter (Mandy) who also visited and made herself known to Geoff. They visited sometimes at the same time and the money came up as a discussion between the three parties. Daisy gave Geoff another 3k and asked him to put it in a building Society account for her 3 great Grandchildren to get when she died. Geoff obviously queried this and Daisy said that even if she put it on her will, Mandy is on benefits and would spend it, they would get nothing. Geoff did as he was asked. Mandy moved Daisy to a state funded home and told Geoff she was not well enough to receive visitors, he was to give her repayments and she would pass this onto Daisy, Geoff had no reason to doubt Mandy so he did so. Mandy informed Geoff that Daisy had died.(Geoff was not invited to the burial, he has not seen a death certificate or any probate papers and was only informed after when he dropped off money to Mandy) Geoff said their was about 10k owing to Daisy and 3k plus interest in B/S account for great g/children. Mandy said she would prefer to continue with the original arrangement and the B/s money was to remain in place until the great grandchildren became 21. First great grandchild turns 21 and Goff splits the money in B/S by three and cuts a cheque for 4K which he wants to pay Mandy. She says pay her son the father of the child which he does. Seeing the account is in his name he pays the cheque into his account and writes one out for the same amount and sends off. Accountant picks this up and goes ballistic. Geoff has paid to Daisy and Mandy a total of 19k. He writes to Mandy on Geoffs behalf and requests from her confirmation of the 19k and a conclusion to the matter. BS to be closed and money dispersed. Geoff then gets a solicitors letter stating that she wants the file to do with all Daisy's affairs. Geoff has no file and lets them know this. He also says he has done well in life and this was down to Daisy believing in him and he doesn't care about the money if Mandy is in trouble he would help. He offers in a letter to pay the original debt in full if Mandy acknowledges that the 19k already paid is calculated as Interest. He then hears nothing from anybody for 2 yrs. Out of the blue he gets a call from her solicitor saying that they do not want to sue him as it will cost him everything so just send the money and that will be the end of it. Geoff said he was uncomfortable with this and required something in writing. On Friday he got a letter from the Lawyer saying that he, within the next 14days, must submit his proposals for repayment together with outstanding interest and costs. The letter is without prejudice and and does not mention it was Daisy's money. The letter is on behalf of Mandy and children.

    Should he reply and if so what should he say?
    Tags: None

  • #2
    Re: owing a deceased money.

    Hi

    I'm with you up to this point

    "First great grandchild turns 21 and Goff splits the money in B/S by three and cuts a cheque for 4K which he wants to pay Mandy. She says pay her son the father of the child which he does. Seeing the account is in his name he pays the cheque into his account and writes one out for the same amount and sends off. Accountant picks this up and goes ballistic. Geoff has paid to Daisy and Mandy a total of 19k.''


    The original 3k in the bank had turned into 12k? So £4k for each of the great grandchildren?

    He's paid one of the great grandchildren his share and there's £8k left in the bank? Are the other great grandchildren Mandy's grandchildren and have they turned 21?

    Think I've got the rest of it ok.
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    Comment


    • #3
      Re: owing a deceased money.

      Originally posted by JR424 View Post
      Hi Guys
      Hope all are well.

      Conundrum that I need help with.

      in 1980 my neighbour Geoff started a business, his friend elderly Daisy gave him 15k to get going. He visited her once a month to repay her 100 as agreed. all was great, then she became ill and moved into a council home, she had about 30k he thinks. He carried on visiting and paid his 100. However Daisy had a daughter (Mandy) who also visited and made herself known to Geoff. They visited sometimes at the same time and the money came up as a discussion between the three parties. Daisy gave Geoff another 3k and asked him to put it in a building Society account for her 3 great Grandchildren to get when she died. Geoff obviously queried this and Daisy said that even if she put it on her will, Mandy is on benefits and would spend it, they would get nothing. Geoff did as he was asked. Mandy moved Daisy to a state funded home and told Geoff she was not well enough to receive visitors, he was to give her repayments and she would pass this onto Daisy, Geoff had no reason to doubt Mandy so he did so. Mandy informed Geoff that Daisy had died.(Geoff was not invited to the burial, he has not seen a death certificate or any probate papers and was only informed after when he dropped off money to Mandy) Geoff said their was about 10k owing to Daisy and 3k plus interest in B/S account for great g/children. Mandy said she would prefer to continue with the original arrangement and the B/s money was to remain in place until the great grandchildren became 21. First great grandchild turns 21 and Goff splits the money in B/S by three and cuts a cheque for 4K which he wants to pay Mandy. She says pay her son the father of the child which he does. Seeing the account is in his name he pays the cheque into his account and writes one out for the same amount and sends off. Accountant picks this up and goes ballistic. Geoff has paid to Daisy and Mandy a total of 19k. He writes to Mandy on Geoffs behalf and requests from her confirmation of the 19k and a conclusion to the matter. BS to be closed and money dispersed. Geoff then gets a solicitors letter stating that she wants the file to do with all Daisy's affairs. Geoff has no file and lets them know this. He also says he has done well in life and this was down to Daisy believing in him and he doesn't care about the money if Mandy is in trouble he would help. He offers in a letter to pay the original debt in full if Mandy acknowledges that the 19k already paid is calculated as Interest. He then hears nothing from anybody for 2 yrs. Out of the blue he gets a call from her solicitor saying that they do not want to sue him as it will cost him everything so just send the money and that will be the end of it. Geoff said he was uncomfortable with this and required something in writing. On Friday he got a letter from the Lawyer saying that he, within the next 14days, must submit his proposals for repayment together with outstanding interest and costs. The letter is without prejudice and and does not mention it was Daisy's money. The letter is on behalf of Mandy and children.

      Should he reply and if so what should he say?
      I know this sounds terrible, but it sounds very much to me that this Mandy has not been entirely straight with her lawyers. It would also not surprise me in the least if, during the administration of Daisy's estate, Mandy was questioned about the loan Daisy made to Geoff, was unable to explain or account for the repayments Geoff made and is now trying to muddy the waters by getting solicitors to fire off threatening letters to him.

      Geoff needs to seek professional legal advice and assistance asap.

      If Geoff has records of repayments, he should take these with him to the legal professional he consults. Input from the accountant may be helpful also.

      I feel these solicitors acting for Mandy need to be put on notice they are barking up the wrong tree and need to look closer to home. If they attempt to bring proceedings, I would not be surprised if a legal professional acting for Geoff advised an application to strike out on the grounds of abuse of the legal process.

      Whatever, Geoff needs to seek professional legal advice.
      Life is a journey on which we all travel, sometimes together, but never alone.

      Comment


      • #4
        Re: owing a deceased money.

        [QUOTE=Amethyst;432106]Hi

        I'm with you up to this point

        "First great grandchild turns 21 and Goff splits the money in B/S by three and cuts a cheque for 4K which he wants to pay Mandy. She says pay her son the father of the child which he does. Seeing the account is in his name he pays the cheque into his account and writes one out for the same amount and sends off. Accountant picks this up and goes ballistic. Geoff has paid to Daisy and Mandy a total of 19k.''


        The original 3k in the bank had turned into 12k? So £4k for each of the great grandchildren?

        He's paid one of the great grandchildren his share and there's £8k left in the bank? Are the other great grandchildren Mandy's grandchildren and have they turned 21?

        Think I've got the rest of it ok.


        I think the children differed by a few years, he paid one and now they want the other two.

        Not sure what he actually paid but I think he said either total of 4 or they get 4 each, sorry if figures were confusing but I was using example, what ever the figure was he spilt it in three and sent a cheque for a third his intention was then to split again when next occurrence.. The other children are Mandy's grandchildren and the second definitely has turned 21 but don't know about third. Geoff thinks it will be soon if not in a couple of years.

        Comment


        • #5
          Re: owing a deceased money.

          Okay that makes more sense, it was the bit about the account being in his name etc confused me.

          Anyway, if you can get a copy of the latest letters exchanged posted up we'll give you a hand responding.

          The original agreement with daisy was to repay her £100 a month until such time he could repay the lump sum of £15k therefore the £100 a month was basically interest? or was it a case of repaying the £15k at £100 a month without interest.
          #staysafestayhome

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Received a Court Claim? Read >>>>> First Steps

          Comment


          • #6
            Re: owing a deceased money.

            Geoff only bought the latest letter with him last night, however, the original loan was without agreement and interest free.No paperwork.
            When Mandy took over she kept collecting money until Accountant wrote asking for an explanation. Geoff does not have that letter.
            Geoff sent offer to solicitor but it was marked without prejudice and was for 11600. The balance of account with santander aprox 2600.00 to be divided between the remaining 2 great grandchildren.
            He says total figure was about aprox 14200.00. He does not have a copy of this letter either. I don't think he ever imagined it becoming this involved.
            I don't know how to post on this site so I quote.
            From solicitor to Geoff.
            Mrs mandy
            Without Prejudice
            Dear Mr geoff

            I refer to our telephone conversation of 19th April. I understand you are willing to bring this protracted matter to an end and are now in a position to make payment in full, together with interest, of monies due to our client and her children, Andrew and Mathew.
            I informed you at this stage I did not propose going over old ground and I now require from you within 14 days of the date of this letter your proposals to discharge the debt, together with interest, due to our client and her children.

            I look forward to hearing from you
            Last edited by Amethyst; 11th May 2014, 11:40:AM. Reason: surnames removed

            Comment


            • #7
              Re: owing a deceased money.

              The biggest question I would have is what sort of contract is there to be enforced of any sort. Was it just a verbal agreement between the deceased and your friend or is there any paperwork that states terms. I would be careful about saying too much in the need to be dutiful to pay back this wonderful act the deceased done for your friend in case it gets misconstrued and ends up leaving him liable for a lot of things he shouldn't be. I feel the solicitor, maybe under the advice of the family, will try and milk as much out of the situation as possible and feeling a gratitude might make him more open to being manipulated. I would suggest proper representation just to take emotions out of the equation. Posted this while you posted and replied some of my concerns.

              Comment


              • #8
                Re: owing a deceased money.

                Originally posted by meellis View Post
                I would suggest proper representation just to take emotions out of the equation.
                Agreed, Meellis. Having just viewed the text of the latest letter Geoff has received, the money is actually due to the deceased estate's, not Mandy, etc.. The solicitor needs putting to strict proof as to liability and existence of the alleged debt. Certainly, Geoff needs legal representation.
                Life is a journey on which we all travel, sometimes together, but never alone.

                Comment


                • #9
                  Re: owing a deceased money.

                  He's been paying £100 a month for 34 years?
                  #staysafestayhome

                  Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                  Received a Court Claim? Read >>>>> First Steps

                  Comment


                  • #10
                    Re: owing a deceased money.

                    If so he has repaid £40800 !! I think he has repaid in full complete with a healthy return on Daisy's investment.
                    Any opinions I give are my own. Any advice I give is without liability. If you are unsure, please seek qualified legal advice.

                    IF WE HAVE HELPED YOU PLEASE CONSIDER UPGRADING TO VIP - click here

                    Comment


                    • #11
                      Re: owing a deceased money.

                      Originally posted by Amethyst View Post
                      He's been paying £100 a month for 34 years?
                      That's £40,800

                      Comment


                      • #12
                        Re: owing a deceased money.

                        How did Daisy get into a 'State funded home' when she had over 30k?

                        Comment


                        • #13
                          Re: owing a deceased money.

                          Originally posted by enaid View Post
                          How did Daisy get into a 'State funded home' when she had over 30k?
                          Good point, Enaid. Are you beginning to smell something?
                          Life is a journey on which we all travel, sometimes together, but never alone.

                          Comment


                          • #14
                            Re: owing a deceased money.

                            Just a whiff lol

                            Comment


                            • #15
                              Re: owing a deceased money.

                              Sorry Ameythyst Geoff started his business in 1988 not 80 as first quoted, he does not know exactly when daisy died but thinks it was around 92, he stopped paying the 100 per month when he wrote offering to pay in 09 the total he worked out he has paid back to Daisy and Mandy is circa 19k plus he paid to Mandys son a third of the great Grandchildren Fund. He still has £5k which should be split between remaining 2 great grandchildren. He is sat with me now. The problem is they were friends and nothing was written down until 09 when he wrote asking for confirmation of the situation, and stating that he wanted to pay money into a bank. Then he got the letter from Lawyers.

                              Comment

                              View our Terms and Conditions

                              LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                              If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                              If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
                              Working...
                              X