Advice re: wills & executors please.

JaxMax_2

My mum got her reply back from SPS, basically saying that up to the time her will was made and the 'insurance agreement' thing was put in place, everything was legal and therefore she is not entitled to a refund. So now I have to think what the next step should be - any ideas? I was wondering if a solicitor's (shudder) letter to them might be worth investing in?

I can't see how they can say that everything was above board and legal if Stephen Share was a part of their company at the time my mum signed the agreement - isn't this why he was suspended because he shouldn't have been part of the company at all?

If anyone has any ideas or thoughts for me I'd appreciate them, thanks.

Jax

sloughflint

JaxMax wrote: »

My mum got her reply back from SPS, basically saying that up to the time her will was made and the 'insurance agreement' thing was put in place everything was legal and therefore she is not entitled to a refund

I've just re-read the article linked to on the first page of the thread and I don't understand how they can say this.

The ban meant the firm was unable to act as executors of wills

The SRA suspended his practising certificate at the same time they banned his companies from dealing with probate work.

What exactly did the 'insurance product' cover if not what I've put in bold?

I think I'd give the SRA and tradings standards a call before upping the pressure. This company will now be well known to both groups and I'm sure they'll be able to advise on how to proceed rather than you having to pay a solicitor.

Good luck.I wish something could be done properly to prevent these companies from operating.

Edit: I've been reading the link that Baggysdad gave in post 22 again. From that I think you may gain a feel for how they will be trying to maintain that it's legal.

value_seeker

The 2 quotes from sloughflint are correct. What is important however are the dates relating to all the documents linked to the court ruling. It is my understanding that SPS were banned from carrying on any probate work from July 2008. Was the re-issue of wills done after this date still with the SPS name? Please check the dates on any docs you have and work out a timeline.
Other areas to consider are misrepresentation and misselling.
The court case ref in a prev post is interesting reading. Does anyone recognise the selling script referred to in court from their own experience?
As every individual case may be different it is difficult to discuss specifics here.
Misrepresentation and misselling, if proven, and you will have to be specific in giving examples and facts in a letter to SPS, means that the customer can recind the contract ie the Estate Insurance agreement.
I have had a reply from SPS now Estate Protection Services Ltd acknowledging receipt with fuller reply to follow. I will keep you informed of progress along with the all the regulatory bodies.

JaxMax_2

Just wondering if anyone has had any luck getting their money back from SPS Ltd yet?

Jax

value_seeker

Just to let everyone know that it is possibel to get your money back from SPS now trading as EPS Ltd. It took some time and some strong letters to reach a positive outcome. The standard of their reply was nothing less than shocking and from someone with a very poor grasp of the English language.
If anyone wants any further help or details please contact me directly.

localhero

value_seeker wrote:

The standard of their reply was nothing less than shocking and from someone with a very poor grasp of the English language.

Being an unqualified and unregulated Will writer is one thing, but not even being up to GCSE standard in English is even more disturbing. :eek:
Well done for persevering value seeker. Maybe you could flog Martin Lewis some template letters to get refunds from rogue Will writers! :rotfl:

value_seeker

localhero wrote: »

Being an unqualified and unregulated Will writer is one thing, but not even being up to GCSE standard in English is even more disturbing. :eek:
Well done for persevering value seeker. Maybe you could flog Martin Lewis some template letters to get refunds from rogue Will writers! :rotfl:

You are quite correct to point out lack of regulation in this field local hero.
SPS Ltd has now changed its name to Estate Protection Services Ltd and on their latest ad leaflets they state they are founder members of some organisation called the Fellowship of Professional Willwriters and Probate Practioners, and also print the logos of 'legtec training' and Association of Legal Technicians. BUYER BEWARE! They are currently charging £49 for a basic will, where as any decent solicitor would quote about £100 for a decently composed comprehensive document. Also no mention is made on the current literature of the ESTATE INSURANCE AGREEMENT which one supposes is where the money is made!! Advice: Don't even consider this.

localhero

As well as the law allowing anyone to advise upon and to draw up Wills, there is also nothing stopping someone creating a professional looking `badge` to provide a bit of credibility to an unsuspecting public.

I, and (as far as I know) all of my colleagues have declined the overtures from this outfit to join up as members.

There is also the Society of Willwriters who having talked of their own high standards on this forum didn't have the courtesy to respond to my questions regarding their stance towards one of their members behaving unethically.

Here's the thread: http://forums.moneysavingexpert.com/showthread.html?t=805099&highlight=wills

The only Willwriting organisation that truly represents the interests of the consumer against the unethical and incompetent is the Institute of Professional Willwriters.

Unfortunately with the law allowing any Tom, !!!!!! or Harry being allowed to call themselves a Willwriter, and the good guys getting tarred with the same brush as the bad guys, solicitors remain the default position for those requiring a Will.

It's worth reminding ourselves that unlike the IPW, solicitors are not required to undertake any compulsory exams in preparing Wills as part of their education or training, and the fact this forum is littered with examples of solicitor incompetence in this area bears that out.

The unsuspecting consumer really deserves better than this. It really is a shocking state of affairs and is a real lottery if any given Will is `fit for purpose`.

BLUEWKD

Is there a way of finding out if someone who has recently died who is not a relative left a will? Is there a record of it somewhere that anybody can obtain?

Baggysdad

Four of the six partners of the Fellowship of Professional Will Writers and Probate Practitioners are directors of Estate Protection Services.

All six partners in the Fellowship are the six directors of Wills and Probate Training Specialists, the firm chosen by the Fellowship to provide training to its members.

So when Estate Protection Services state that they are members of the Fellowship, having been trained by Wills & Probate Training Specialists, it looks good, but all they are doing is validating themselves.

The credentials claimed by Estate Protection Services are worthless.

Buyer beware.