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So I'm the PR to an intestate estate. The 'other' beneficiary has made a number of very serious allegations against the estate including putting an RX1 against previous estate property. Whilst trying to resolve these issues with their solicitor, the beneficiary has now enlisted the support of a joke "no-win, no-fee debt collection agency" who "formally demanded" I pay the full inheritance into their company bank account. When asked for authorisation, they ignored it and the one-man-band has now issued a SD, stating the "debt" has arisen from "the estate of..." and because that as PR I wrote that I'm willing to pay the beneficiary their entitlement from the estate..." citing an outdated interim estate account figure, that the SD explicitly refers to as "Interim estate accounts".
The applicant has shown no knowledge of the "Creditor", can't produce correspondence relied upon when asked (it's a letter to the beneficiary's solicitor not this joke dca), and is giving me serious extortion vibes. The first SD served was unsigned, the second signed but gives the "Creditor's" address as a "care of" address through this DCAs virtual mailbox address and they have refused to provide the address when asked. No court named (just an address of a multiple court building). "Documents relied upon" have been requested but not provided because they wrote they do not have to "at this stage". They've shown no letter of authorisation etc. The second service ended up with the "process server" being filmed showing me his driving licence and ABI card and walking away to their car which I filmed whilst standing in the door. He walked 5M away to his car, then shouted "I do not give you authority to film me" then walked back very close to me, fist made by my face which became a finger point telling me "you do not have my authority to film my personal belongings, you have to delete it if I ask, did you know that". He wouldn't leave, I had to shut the door on him. I haven't yet reported this to the police as I'm overwhelmed.
The one-sentence the DCA applicant quotes is from a 5 page letter and the remaining 4.9 pages attempt to clarify the current position of this aggressive beneficiary and offers mediation, etc.
The knowledgeable solicitors I call are like WTF that makes no sense - but they don't have the time. Some hear the word "probate" and turn it down because they state they don't deal with contentious probate. The young solicitors are like "well... I'll be needing to see all your paperwork and that could cost £2k and then we'll take it from there on an hourly basis... it could go either way". One I went to see in person even told, no argued with me "you don't need to file a set-aside application because there's been no judgement to set aside". I wrote back to that firm so that a senior can have a quiet word.
So here I am, filling in the IAA myself, citing IR 10,5(5)a,b,d, a draft order for set-aside and interim costs including abandonment costs, and a long boring witness statement. The Practice Directions for evidence are tedious to read - are Judges really harsh about evidence not being compliant from LIPs?
So, I'd really appreciate a sanity check. Is this really an absurd abuse of process, or, something that would be deemed fit for insolvency court. The rational part of my brain is like 'this is a joke', or it's just a bluff to threaten me (which is consistent with beneficiary's behaviour).
To clarify: No court has ruled me personally liable, I have not admitted personal liability for the entitlement from the estate (e.g. no "I owe you x amount"), and the last letters were stating the estate is paused because of the issues raised by this person.
What do you think?
The applicant has shown no knowledge of the "Creditor", can't produce correspondence relied upon when asked (it's a letter to the beneficiary's solicitor not this joke dca), and is giving me serious extortion vibes. The first SD served was unsigned, the second signed but gives the "Creditor's" address as a "care of" address through this DCAs virtual mailbox address and they have refused to provide the address when asked. No court named (just an address of a multiple court building). "Documents relied upon" have been requested but not provided because they wrote they do not have to "at this stage". They've shown no letter of authorisation etc. The second service ended up with the "process server" being filmed showing me his driving licence and ABI card and walking away to their car which I filmed whilst standing in the door. He walked 5M away to his car, then shouted "I do not give you authority to film me" then walked back very close to me, fist made by my face which became a finger point telling me "you do not have my authority to film my personal belongings, you have to delete it if I ask, did you know that". He wouldn't leave, I had to shut the door on him. I haven't yet reported this to the police as I'm overwhelmed.
The one-sentence the DCA applicant quotes is from a 5 page letter and the remaining 4.9 pages attempt to clarify the current position of this aggressive beneficiary and offers mediation, etc.
The knowledgeable solicitors I call are like WTF that makes no sense - but they don't have the time. Some hear the word "probate" and turn it down because they state they don't deal with contentious probate. The young solicitors are like "well... I'll be needing to see all your paperwork and that could cost £2k and then we'll take it from there on an hourly basis... it could go either way". One I went to see in person even told, no argued with me "you don't need to file a set-aside application because there's been no judgement to set aside". I wrote back to that firm so that a senior can have a quiet word.
So here I am, filling in the IAA myself, citing IR 10,5(5)a,b,d, a draft order for set-aside and interim costs including abandonment costs, and a long boring witness statement. The Practice Directions for evidence are tedious to read - are Judges really harsh about evidence not being compliant from LIPs?
So, I'd really appreciate a sanity check. Is this really an absurd abuse of process, or, something that would be deemed fit for insolvency court. The rational part of my brain is like 'this is a joke', or it's just a bluff to threaten me (which is consistent with beneficiary's behaviour).
To clarify: No court has ruled me personally liable, I have not admitted personal liability for the entitlement from the estate (e.g. no "I owe you x amount"), and the last letters were stating the estate is paused because of the issues raised by this person.
What do you think?