Going through a really hard time and cant find anyone who understands
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Thank you Trevor. More than money I need someone who can advise me. I need to know why solicitor can take money from house. I know judge has decided he can but I don't understand why.
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I can't understand it, you need to get advice. Members have given you some links use them. You must try as it's like stealing your property and leaving you broke. Somethings wrong here. If I knew a Solicitor I would be asking how can this happen on your behalf...
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I am soo sorry to read what you have been through and are still going through @emacov. It's just heartbreaking and a completely unacceptable level of stress for anybody to go through.
I urge you to please contact the National Debtline. They open at 9am and their number is 0808 808 4000. They will be able to help you and will likely organise for you to enter into a 'Breathing Space' - they arrange it and NOBODY is allowed to contact you whilst that is in place and buys you some time.
I entered into one for 6 months c 2023, I think they can be up to 12 months, it made the world of difference not being mithered (hounded), whilst I was trying to sell my cottage after being rehomed in a bungalow. I prioritised my [current] rent, the mortgage was unaffordable around the time of Liz Truss' shenanigans. I had to sell at auction c 9 months later losing c 70k profit but I was relieved to be able to walk away without incurring bankruptcy but the sale covered the mortgage arrears/fees. I appreciate your need to sell at a certain price, because of solicitor's 'debt'/fee. National Debtline will be able to advise you of that too.
Some charities (I think Stepchange, cannot help if you have a mortgage/are a homeowner - The National Debtline can help).
The National Debtline can help advise of other options/solutions, including things like a DRO (debt relief order) which, if agreed, wipes certain debts off after 12 months after them being frozen for the initial 12 months. I didn't do that but I'd consider it if they start stressing me as I put my health first now. I hope you put your health first, you'll be able to after getting the right advice and help; it's sometimes hard to get that back once it's gone.
Please do not lose heart. There absolutely will be workable, palatable solutions, you just haven't found them yet. Thinking of you and, if you contact The National Debtline, I genuinely feel hope for you that you will then, slowly, start to feel a relief that the answers are achievable for you.
My very, very warmest of wishes to you. Please take care too.
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Hey I'm so sorry for what has happened to you, you really don't deserve all of this. Something seems very wrong here and I honestly think you need some urgent legal advice. I get where the 25k is coming from (even if that seems too much) but the 95k?? that just seems absurd and for what?
Is there anyway you can appeal?
I don't know how much I can help, I specialise in Cybersecurity, Networking, Web Development and General IT.
But if you need anything that I can help with relating to any of these, I will help you to the fullest.
We can't let him get away with this, we'll help and support you in anyway we can on the forum, we always look out for each other.
If you need anything just ask, all the best.
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OOh Bless you but I dont think thats allowed so so kind of you
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Be interesting to know what the Solicitor plans on doing with the £130k he's in line to receive because as long the Solicitor isn't named as your dad's beneficiary his only role is as an executor of your dad's estate. The Executor's legal fee's will account for some of the proceeds of the house sale as will the outstanding mortgage too. After that the remainder goes to the next of kin unless your dad bequeathed some or all of his estate to a third party.
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TThank You so much. I did phone but they are arranging a case worker to call me as I have so many problems they cant help. So I have to wait until 19th and hopefully get some help. So 5hank you again
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Thank you. I also don't know how the solicitor got the judge to award him £95,000
I tried everything to get help as I knew from September last year that he would be evicting me and called every agency and every charity as I was so scared of being on the streets alone. Un fortunately there was none who could help me. I lost count of the many different agencies who came to the house and interviewed me. It was like an open house with people trooping in and out. When it got to Around March of this year and no-one could help with 'legal' stuff I was just begging for someone to attend court with me. But that was seemingly impossible too. The last people to come were Age UK and they actually gave me some hope as they said they had a legal department who would help me and took copies of all solicitors correspondence. But the week before I was due in court I got a letter saying they couldn't help me and just listed some of the other agencies I'd already approached. I can't tell,, you how devastating that was. I was completely crushed and still had to go to court alone. I was so scared. At least the discharge buddy I had been given after I took an overdose gave me a lift to the court building but even she said she wouldn't be able to come in with me. I really don't understand what happened and I don't understand why noone would help me
But thank you for your kind words. They really mean a lot
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To be honest I never realised a solicitor could charge a fee for being an executor. Of course I now know but wish I'd known when Dad was in the office with him writing the will. I was sitting outside at the time! Dad had Parkinsons and I went everywhere with him as he couldn't manage on his own. I don't think Dad understood he would be charged any extra fee as nothing was ever stated in the will apart from his solicitor nami g himself as executor. Maybe solicitor told him? Dad never said anything at that time. I know he was unhappy with the first version of the will as he got me to call his solicitor to ask for it to be rewritten but I can't remember now why, it was 2007 and I have memory problems with other health problems so I struggle to remember details and sometimes don't remember whole passages of time but I remember things I did with Dad.
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You are very welcome but I'm so sorry @emacov that they've not been able to help you right now and that you've got to wait quite so long for a case worker but, if it means you can't do anything in the meantime, I personally would either ignore calls that would stress me, or, I'd answer and say I'm not discussing it (with debtors etc) as it's all 'pending expert advice and I'll come back to you after the 19th December/or in early January' and I personally wouldn't allow them to draw me into any discussion or debate about it, at all, and politely end the call.
Of course if they (National Debtline) have told you to do differently to that, like sending a 'holding' letter, pending advice, do whatever gives you the least discomfort, what they say is far more important than what I say in how to deal with it in this period to the 19th.
I hope you don't mind me saying that, I'm just saying what I would do/have done. It gave me back the smallest amount of control over a situation where we have so little. It helped protect my mental health as it was all too much/crowding my mind. But that's just until your case worker is involved to help you, in a couple of weeks time.
It's giving yourself that bit of breathing space until hopefully, one can officially be put in place, or other solutions can be. Just because your issues may be more complex, they'll still be workable answers but may need more unravelling by a case worker, to get to them.
Please come on here if you feel it can help you, before and after the 19th. Just do what you need to to cope and keeping hope too. I remember thinking my issues were too complicted for anyone to really help (or for me to get my head around!) but they actually were not when someone was helping - I never had a case worker but was (pleasantly) surprised at how knowledgeable and genuinely helpful/caring the people I had help from were, consistently. Let them, and us, help you through it if that might help you. My very warmest wishes to you.
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Couldn't of said it better we are here for you your not alone
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Thank you to everyone for comments and advice. Very much appreciated
I don't know if I was supposed to say what my conditions are? A nurse once told me I have 17 listed conditions on my records which they find hard to deal with! I don't remember them all as my number one conditions is memory problems. I had serious head injuries over 30 years ago and I believe that was the start of memory loss for me. I have had asthma since childhood and ME but that was not dxd until 2010 when I was told I also had fibromyalgia. Very bad arthritis rheumatoid and osteo which I believe contribute to my falls but also have vertigo so it doesn't help. Eyesight problems which doesn't help either! I broke my spine in May a few weeks before I went to court to be evicted so I did beg the judge to give me more time as I was struggling with moving but he wasn't very sympathetic. I have since learned I have osteoporosis in spine and hips so that's why spine broke so easily. Those are the ones I remember, I think because they give me most problems daily. I have others,like heart issues but I'm a bit vague on details. I only remember if ambulance staff read them out! As they think I have a lot to cope with but I guess same as everyone you just get on with the day best you can.
At my house I used to have a lifeline with a button to press if I fell. I also had a cleaner as I struggle alot with household things and different various people who dropped in to help with various things but that all went when I had to leave the house end of July. As I said my memory is bad so I don't know how I got those things in first place and I could do with same help here but don't know how to get any of it reinstated? I've been terrified of falling since I moved in here as I won't be able to get up or get help. So I'm living in one room as less likely to fall. It's not good but has to do. I don't know if anyone has noticed that I don't have what I used to have but then they are all so busy. It took me 6 weeks last Christmas to get a Dr as I had a bad infection and really needed antibiotics so I don't suppose anything else is very important.
So that's me and I very much appreciate the time people have taken to comment and try to help
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Hmmm. If you're part owner that surely means there's another beneficiary (s) who likely own, or are entitled to I should say, the other share of the property/estate (exactly what depending on the will). Ultimately these costs for the solicitor should come from the estate not your own personal pocket. Also it's sounding more like the £95k is maybe to settle with the mortgage provider (depending on what mortgage is outstanding compared to the sale value of the house) and maybe the residual beneficiaries get some of the remainder which could include yourself hopefully.
There's a lot of conjecture in what I've said as obviously I don't have all the facts.
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Really sorry to hear all you are going through.
If you are on benefits you may be able to get legal aid to look at the solucitors costs again.
Maybe your Dad hadnt paid the solicitor yet before he died? Is that why the bill is so high as it is not just for being an executor? I think you should ho through the Will with a good lawyer.
Foodbanks, energy support, Turn2us...all good resources for you.
Also pls check out local Warm Spaces so you dont have to stay indoors paying for heating.
Thinking of you x
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MrMikey I can give you some facts!
My Dad was the other owner but as he died the solicitor became owner of his share. I had to sign some paperwork to sign it over? Something like that. That was after Dad died so my memory is a bit hazy and as I don't see very well I couldn't read it anyway. I trusted him to do what Dad wanted but I was probably wrong on that score. To be fair he told me I should get my own solicitor but I couldn't afford a solicitor not for any duration as he suggested to me as I'd probably have another bill i wouldn't be able to pay.
I took out a small mortgage on the house in 2007 as Dad needed a lot of things for his health problems. I got him a mobility scooter, the expensive one he wanted, a hospital bed so it was easier for him to get in and out, a recliner chair and a few other things he needed which we couldn't afford. I was happy to do that for him as i had to live with him anyway as he needed someone with him. Not just the Parkinsons but he had an RTA in 2006( car ran him over on zebra crossing, and it was ruled 50% Dad's fault) so he had broken legs and bad head injuries which left him confused and unwell for 2 years. When I say confused he couldn't find his way to the toilet so I had to guide him. Heartbreaking at the time. As of July this year there is £15,000 outstanding on mortgage as I still had nearly 7 years left to pay. I thought it would be easier to pay back as I didn't take a large sum about one third of house value at the time which Dad gifted me which was very good of him as he didn't need to. As I said I was happy to do it for him.
The mortgage company are not happy that i could no longer make the payments and were phoning me every week asking when I would be paying. I did tell them to call solicitor as I was not in a position to pay anything. One lady even told me it was a very small amount! I told her £10 is a small amount £15,000 to me was just the same if they asked for 15 million. I was annoyed at all the calls and having to explain same thing every time. I told them the same as I have to keep telling everyone, I no longer have access to the house. I haven't been able to retrieve my post as solicitor took the keys on my eviction date. Anyway they last called me about 2 weeks ago when they said they were giving me 30 days to repay then they were sending me to litigation? And would repossess the house. I passed that message on to solicitor. I know he took it seriously as house actually appeared on rightmove a few days later! I had been searching for it on and off but could never find it until he probably read my message!
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Thank you Ostia. Can't get legal aid in my area. No CAB office as it closed a few years ago after moving around for a few years before that, I think they had trouble with rent and costs and that's why they closed
Couple months back I had a complete meltdown in my bank over everything I was going through. Embarrassing, but bank were really good. They got a CAB office in Scotland to phone me which seemed odd as I'm in East England. They said similar I needed legal help but they only could signpost. Unfortunately all the numbers I was provided with couldn't help with my particular legal issue or they were not in my area and would only help if I lived in their area. I've found the same with a lot of things to be honest. Offices are closed and no longer exist or cannot help as I'm in wrong area. There used to be some really good charities in my area but they no longer exist. I presume it's financial reasons all theses places close
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Ok try lawprobono and solicitorsprobono….they are lawyers providing free skilled help if they can take you on. I had help many years back plus a trainee barrister to support me at a horrible DWP tribunal…we won!
Also see if there is a free legal advice centre near you
All the best
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