owing a deceased money.

[JR424]

Re: owing a deceased money.

Hi
we do not know and as Geoff was not presented with a death certificate, will or probate it is unlikely that we can find out

[JR424]

Re: owing a deceased money.

[How did Daisy get into a 'State funded home' when she had over 30k?QUOTE=JR424;432137]
Hi
we do not know and as Geoff was not presented with a death certificate, will or probate it is unlikely that we can find out[/QUOTE]

[Amethyst]

Re: owing a deceased money.

How did Geoff arrive at the sum of £11400 as a final settlement offer ?

Presumably he is adding some element of interest to the loan as a goodwill gesture?

[JR424]

Re: owing a deceased money.

Yes

He said that he added a bit of interest to help get things finished.

[Amethyst]

Re: owing a deceased money.

I thought so.

If he has happy with the offer then I think he should send one final without prejudice offer and should they continue after that he should engage a solicitor to assist him. In my view he has acted perfectly and is being taken advantage of by a rather selfish and greedy woman, if she continues beyond this point and Geoff engages his own solicitors she is unlikely to receive another penny.

Right, this isn't a legal letter by any means just an idea how to respond considering what Geoff has already said he wishes to do. Others will have an input and maybe a different view whether he should send this now or engage a solicitor straight away, I think he has tried to do the right thing by his old neighbour, and it is unfortunate her daughter has turned out to be not a very nice person.




Dear Sir

Without Prejudice save as to costs

Thank you for your letter dated XXXXXXXXX.

On XXXXXXXX 1988 Ms Daisy lent me £15000 in an informal arrangement and it was agreed between Ms Daisy and myself I would make repayments to her of £100 per calendar month until such time as the loan was repaid or I was able to discharge the loan by making a lump sum payment of the remaining sum. There were no arrangements with regards to any application of interest. Following Ms Daisy's death in 1992 I continued the arrangement of paying £100 per month with Mrs Mandy until 2009 when I offered a lump sum in order to settle the arrangement.

Taking into account the amount I have already repaid to Ms Daisy and subsequently her estate via Mrs Mandy ( a total of £19000) my proposals are as follows;

A sum of £11400 to be paid to the estate of Mrs Daisy in full and final settlement of any debt perceived to be owed to her estate, to be distributed as per any will left by Ms Daisy.

On the date of Andrew's (Great Grandchild 2 of Mrs Daisy) 21st Birthday the sum of £xxxxx to be paid directly to XXXXXXX - in line with Ms Daisy's wishes.

On the date of Matthew's (Great Grandchild 3 of Ms Daisy) 21st Birthday the sum of £xxxxx to be paid directly to XXXXXX - in line with Ms Daisy's wishes.

XXXXXX (Great Grandchild 1 of Ms Daisy) turned 21 on XXXXXXXXX and was on that date paid their third share of the monies left in my care.


This is my final offer and is in no way to be construed as an admission of liability.

Should your client wish to accept this offer please notify me in writing within 14 days.

Yours sincerely

Geoff

[Amethyst]

Re: owing a deceased money.

btw if they do come back saying no, then Geoff should engage a solicitor and I'd expect them to ask for details of Ms Daisy's will and probate arrangements etc and I very much doubt he actually will be adjudged to owe anything barring the amounts left to the great grandchildren. That is just my opinion though.

[bluebottle]

Re: owing a deceased money.

Call me a cynical ex-copper, but it would be wise for Geoff to require a copy of the death certificate, copy of the will and, if anything has had to go to probate, a copy of the Letters of Administration. No offers should be made until these documents are made available to Geoff and the daughter's solicitors need to be put on notice that they and their client will be put to strict proof in all respects.

I am not saying that this will happen, but if the daughter attempts to proceed any further, i.e. through the courts, she needs to be warned that without proof, she risks having any claim struck out and having an order for costs made against her.

[enaid]

Re: owing a deceased money.

I doubt Mandy would want anything investigating re the estate. Daisy moved into a council house when she became ill was she moved from her own home? if so where did the proceeds from that go and if she had 30k she would not have been given state funded care imo, looks like her money has been rifled over the yrs, just my thoughts.

[Amethyst]

Re: owing a deceased money.

Call me a cynical ex-copper, but it would be wise for Geoff to require a copy of the death certificate, copy of the will and, if anything has had to go to probate, a copy of the Letters of Administration. No offers should be made until these documents are made available to Geoff and the daughter's solicitors need to be put on notice that they and their client will be put to strict proof in all respects.

I am not saying that this will happen, but if the daughter attempts to proceed any further, i.e. through the courts, she needs to be warned that without proof, she risks having any claim struck out and having an order for costs made against her.

How would he go about obtaining copies of these documents?

[bluebottle]

Re: owing a deceased money.

I doubt Mandy would want anything investigating re the estate. Daisy moved into a council house when she became ill was she moved from her own home? if so where did the proceeds from that go and if she had 30k she would not have been given state funded care imo, looks like her money has been rifled over the yrs, just my thoughts.

I think you've pretty much got the handle on this, Enaid. I have a feeling the daughter would have difficulty explaining a number of claims she has made if this were investigated.

[enaid]

Re: owing a deceased money.

After probate a will is a public document

Probate records http://www.justice.gov.uk/courts/pro...f-grants-wills

[bluebottle]

Re: owing a deceased money.

How would he go about obtaining copies of these documents?

Ask the daughter's solicitor to furnish copies. If there is a refusal or they try to avoid furnishing the documents, then that would, IMHO, bring into question the veracity of the daughter's claims.

[JR424]

Re: owing a deceased money.

hello. I hope you are all well. update on this query.
our friend Geoff sent a letter offering to pay the sums we spoke about and did not receive a reply. then last September he received a letter from Mandys lawyer saying they had new evidence which would allow them to proceed with their claim. at this point he wrote withdrawing his offer and asked for a copy of the will, death certificate in order to proceed with negotiations.(i think he`s had enough) he has not had a reply, only telephone calls from this lawyer asking why he can`t pay?
he wants to contest the validity of this claim now as he thinks that Daisy did not put his debt in the will as she considered it fully repaid. can he force the Lawyer to reveal the will and death certificate in any way?

[JR424]

Re: owing a deceased money.

Geoff doesn't know the year Daisy died. so govt website cannot be searched.

[JR424]

Re: owing a deceased money.

Hi all Ive just gone through rough yrs with Geoff and we found a will which could be daisy's its about the right time and the home was bel rosa 29A rickmansworth road which is a long way from the home Geoff last visited her in. maybe she was moved or could have been a hospice. will will be downloaded by the 21st may. I hope we have the right one, we cant get in trouble if its the wrong one can we?
will update you when we have it, however should we write to solicitor saying how dissatisfied Geoff is?