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*** STRUCK OUT ** Claim for Deceased Mother's alleged owed money

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  • *** STRUCK OUT ** Claim for Deceased Mother's alleged owed money

    Hi All,

    After some advise please.

    My mother deceased earlier this year, leaving me with to pick up the pieces in terms of funeral cost and arrangements and everything else that comes with it.

    During her last few years she had befriended a local nut job about half her age and they had a mutual relationship in which he would help her to buy things as she was not mobile enough to do some of the routine shopping task herself.

    So now I'm just about coming to terms with her death I receive a small county claims with him claiming trying to claim I owe him £1000!

    When it all started: Upon making arrangements to empty my mothers property I asked that he return her bank cards and any other personal possessions, as he held on to these to do the shopping etc. Which he did, the cards had been cancelled upon her death. He allegedly purchased a washing machine for her, but my mum had enough money to do this herself as she was on incapacity benefits that were more than enough to support herself. So as far as I'm aware he purchased it on her behalf as she was not competent with internet to do so her self, but yet he challenged me on arrival to the property with an online receipt where he paid for a said washing machine. I dismissed this and recovered the washing machine. He also tried to show me some hand written agreement stating that my mum had borrowed £580 that he is also owed.

    This guy was creaming my mum along the years but it was amicable; he used her, she used him etc. He is aware of a pension my mum had been paying into that i feel he is trying to get his hands on.

    The only thing left to me was a £3000 funeral bill, the pension may net me £4000 - £5000 in a year or so but that just about covers the funeral, travel and loss of earning during the two weeks I was off work (sales commission). There is no estate to speak of, rather the state she left me in bless her.

    I need to reply to the small claim but unsure on the legal stance or ground I can reply with.

    Any feedback greatly appreciated.

  • #2
    Re: Small Claim for Deceased Mother's alleged owed money

    can you type up the Particulars of claim please [MENTION=45644]modder[/MENTION] ??
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

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

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is kati@legalbeaglesgroup.com
    But please include a link to your thread so I know who you are.

    Specialist advice can be sought via our sister site JustBeagle

    Comment


    • #3
      Re: Small Claim for Deceased Mother's alleged owed money

      Hi Kati

      Thank you for your time to respond to my predicament.

      The claimant has included copies of:
      Handwritten IOU note with a signature.
      Receipt of purchase for washing machine, a toaster and kettle which I gave him. I also let him have all the food in the property. The microwave, cooker, fridge and anything he said was his, besides the washing machine which we genuinely needed. He includes a copy of mum's bank statement showing he gave her 20 or 30 pounds here and there. Receipts for jewlery purchased which was never seen or recovered.

      Please do let me know if any other details you may need?

      It's all a joke but he has done this a few times which he admits. I need to understand what angle he thinks may work for him. Civil partnership? There was no will.

      Comment


      • #4
        Re: Small Claim for Deceased Mother's alleged owed money

        If you are looking for assistance in drafting a defence, peeps need to see the wording of the particulars of claim as [MENTION=49370]Kati[/MENTION]

        Comment


        • #5
          Re: Small Claim for Deceased Mother's alleged owed money

          Originally posted by des8 View Post
          If you are looking for assistance in drafting a defence, peeps need to see the wording of the particulars of claim as [MENTION=49370]Kati[/MENTION]
          Ok thanks I wasn't sure what was required.

          I will have no option but to document/scan the idiocy in fear of looking like a joke.

          ....

          Comment


          • #6
            Re: Small Claim for Deceased Mother's alleged owed money

            Is it issued through your local court or through moneyclaim online @ Northampton? I ask because it is unusual to send exhibits with the actual claim form.
            “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

            If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

            Find Solicitors offering fixed fees on our sister site - JustBeagle.com

            Comment


            • #7
              Re: Small Claim for Deceased Mother's alleged owed money

              The guy is a nut case. It's through county court from what I can make out.

              I have edited documents just trying to generate url links.

              Comment


              • #8
                Re: Small Claim for Deceased Mother's alleged owed money

                Originally posted by modder View Post
                The guy is a nut case. It's through county court from what I can make out.

                I have edited documents just trying to generate url links.
                you could email them to me
                Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                It doesn't matter where your journey begins, so long as you begin it...

                recte agens confido

                ~~~~~

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

                I can be emailed if you need my help loading pictures/documents to your thread. My email address is kati@legalbeaglesgroup.com
                But please include a link to your thread so I know who you are.

                Specialist advice can be sought via our sister site JustBeagle

                Comment


                • #9
                  Re: Small Claim for Deceased Mother's alleged owed money

                  Originally posted by modder View Post
                  The guy is a nut case. It's through county court from what I can make out.

                  I have edited documents just trying to generate url links.
                  Yeah sounds a bit like it.... still however batshit crazy the POC is , if it is a genuine court claim, you will need to respond to it ... does it look a bit like this ? http://www.jodaz.karoo.net/data/CourtClaimForm.jpg ?
                  “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

                  If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                  Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                  Comment


                  • #10
                    Re: Small Claim for Deceased Mother's alleged owed money

                    right had to switch to laptop to do this.

                    Please find particluars on teh following, appologies if they are not in order.









                    - - - Updated - - -

                    I cant understand how he was able to get hold of a copy of mum's death certificate not included, he also includes other deceased death certs that he has experienced yadiyadiyada..
                    Attached Files

                    Comment


                    • #11
                      Re: Small Claim for Deceased Mother's alleged owed money

                      Okayyyy see what you mean xxx reading ..... lol
                      “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

                      If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                      Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                      Comment


                      • #12
                        Re: Small Claim for Deceased Mother's alleged owed money

                        Oh goodness, I'm so sorry you are having to deal with this on top of everything else.

                        I'm going to tag [MENTION=85500]Peridot[/MENTION] to have a look regarding the Caveat he appears to have placed. She probably won't get to look till Monday though. Presumably he's done that so you can't distribute her estate ( of which there was nothing ? bar the belongings ) until this is sorted. It doesn't mention the pension at all so that's good, and makes him seem a bit more genuine?

                        The cardboard scrap £580 - is that your Mum's writing, and signature ?

                        Did he actually live with your Mum or just a regular visitor ? ie. why is he doing his washing in the bath if he didn't live with her and it was her washing machine? Did he get her to do his washing?

                        Do you still have the bits and bobs he's talking about from when the house was cleared ? ( the photos / coat / demijohns/ goose thing ? ) Sounds like more of an emotional attachment to things than a financial thing for him.

                        The Washing Machine £229 and this £580 seem to be the main bit of the claim amount. Not sure how he's reached £1056.

                        Not sure what a kingfisher has to do with being partially sighted - water sounds ? or something ... no idea.

                        Her house was rented ? ( council ? )

                        Have you had any discussion with / contact from Kent Police ?

                        Anyway, you will need to do a defence so will have to look at that, and whether he does actually have any grounds for a claim.

                        You have to feel a bit sorry for him but I suspect it's getting quite tiring to deal with.
                        “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

                        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                        Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                        Comment


                        • #13
                          Re: Small Claim for Deceased Mother's alleged owed money

                          I had very limited time to clear the property. The police changed the locks. On my first attempt to collect the keys the officer in charge did not hand the keys into the local office so I travelled from London to Margate with my partner, kids 2 and 5 year old being looked after for nothing. This was a 4 hour round trip wasted. I had to come back with my rock, the old man to do it second time around and i was thankfull of his practiclar approach and support as it was very overwhelming given the circumstances of her death. I took all of mum's pics which were oldies she had sent down from her sister storage in scotland. People like this guy have come and gone in her life many times before so I know the score. Its not pretty but what I had to deal with. Such is life. But now this...

                          Comment


                          • #14
                            Re: Small Claim for Deceased Mother's alleged owed money

                            Okay, the Police changed the locks following your Mums death - did the claimant have a set of keys to the property before then ? ( Sorry, were the locks changed because they had to be, or on request to stop claimant accessing property ? )
                            “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

                            If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                            Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                            Comment


                            • #15
                              Re: Small Claim for Deceased Mother's alleged owed money

                              Have you acknowledged the claim [MENTION=45644]modder[/MENTION]?? If not you might as well get that bit out of the way (tick to defend in full, but don't enter a defence as yet) xx
                              Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                              It doesn't matter where your journey begins, so long as you begin it...

                              recte agens confido

                              ~~~~~

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

                              I can be emailed if you need my help loading pictures/documents to your thread. My email address is kati@legalbeaglesgroup.com
                              But please include a link to your thread so I know who you are.

                              Specialist advice can be sought via our sister site JustBeagle

                              Comment

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