Need help trying to get money back from Will writing conmen!

Tiggy2012

Hi,

I took out a will and 'estate insurance' with a company called SPS back in 2008. I was none the wiser till last week when I contacted them to make changes to our wills (got married since and had a baby) that the company in question was banned from dealing with wills and probate services and they have gone on to change their company name without informing us!!

I'm wondering if our wills are even valid as they are in the old, banned company name of SPS!

There is a thread on this forum already that discusses this company and how people have managed to get their money back but it is very old..

'Advice Re: Wills and Executors please'

What i am after is some advice if i can get my money back from this company (we had to pay £2k up front to secure reduced fees of 1%, for storage of wills and free updates to wills as and when required) or if it is too late?.

Has anyone else had dealings with this company or similar and managed to get their money back?

Thank you in advance for any advice.

*Robin*

Hello Tiggy,
Sorry I have no experience of that company but it seems very expensive even if legit!

As you need new Wills anyway, do you know that November is "Will-Aid" month?

http://www.willaid.org.uk

..An opportunity to get a good deal for you and help charity at the same time. (Book up soon - my solicitor takes part; he told me it's now such a popular scheme that all available slots are taken quickly!).

Hopefully someone who knows about SPS will be along shortly..

Mojisola

Tiggy2012 wrote: »

I took out a will and 'estate insurance' with a company called SPS back in 2008. I was none the wiser till last week when I contacted them to make changes to our wills (got married since and had a baby) that the company in question was banned from dealing with wills and probate services and they have gone on to change their company name without informing us!!

I'm wondering if our wills are even valid as they are in the old, banned company name of SPS!

The company not being in existence wouldn't affect the wills - they're your wills, not the company's. What has affected their validity is getting married. Unless it says in the wills that they were made in contemplation of a marriage, they are now invalid.

Tiggy2012

Mojisola wrote: »

The company not being in existence wouldn't affect the wills - they're your wills, not the company's. What has affected their validity is getting married. Unless it says in the wills that they were made in contemplation of a marriage, they are now invalid.

Hi Mojisola,

They do say 'in contemplation of my forthcoming marriage'.

What is concerning me after looking into this further, and the reason why the solicitor was struck off/company banned in the first place, is to do with the executors on the wills - the company originally put themselves as executors and when banned (we didn't know this was why they sent us new wills, their letter just stated how the original executor was no longer able to act on our behalf) they sent us new wills with a name of another solicitor.

When we signed up for this I remember the consultant telling us that beneficiaries couldn't be executors and how if you have a family friend then it would be a time consuming, stressful, costly role if they didn't have any legal experience.. thus making us feel at the time that we were doing the right thing... having now found out that this is total rubbish I feel that I have been mis-sold this policy as they gave me false information and feel i have a good case for claiming my money back, just wondered if its too late as was over 4 years ago when we took the policy out??

Mojisola

Tiggy2012 wrote: »

What is concerning me after looking into this further, and the reason why the solicitor was struck off/company banned in the first place, is to do with the executors on the wills - the company originally put themselves as executors and when banned (we didn't know this was why they sent us new wills, their letter just stated how the original executor was no longer able to act on our behalf) they sent us new wills with a name of another solicitor.

Did you sign these and have them properly witnessed?

Tiggy2012

Mojisola wrote: »

Did you sign these and have them properly witnessed?

Unfortunately, yes. We didn't think anything of it at the time, its only now looking at all the information/evidence on MSE forums that my concerns have been raised!!

AMILLIONDOLLARS

Cancel your contract with these people immediately. To act as your executors, when you die they will continue to charge your beneficiaries massives fees to probate your will. Get yourself a Solicitor recommended by the Law Society to draft up new wills for both yourself and your new Partner. Decide who you wish to have and not pay a third party to do the task, have you no close relatives you can trust?

Bottom line you are being conned at the moment.

AMD

NAR

Tiggy2012 wrote: »

When we signed up for this I remember the consultant telling us that beneficiaries couldn't be executors and how if you have a family friend then it would be a time consuming, stressful, costly role if they didn't have any legal experience.. thus making us feel at the time that we were doing the right thing... having now found out that this is total rubbish I feel that I have been mis-sold this policy as they gave me false information and feel i have a good case for claiming my money back, just wondered if its too late as was over 4 years ago when we took the policy out??

Unless you have this in writing, irrespective of the 4 years, it will be very hard/impossible for you to prove you were told this.

AMILLIONDOLLARS

A simple will can cost from £110 + VAT from a Solicitors depending on where you are in the UK

AMD

Tiggy2012

NAR wrote: »

Unless you have this in writing, irrespective of the 4 years, it will be very hard/impossible for you to prove you were told this.

Again unfortunately i don't have that in writing that came with the consultants 'sales spiel'. Am thinking that I could possibly claim breach of 'sales of goods and services act' - act with reasonable care/skill and reasonable costs.

The company got banned because they weren't acting reasonably to their customers and charging excessive prices... can only give it a go and see how i get on.

Thanks everyone anyway.

NAR

Nothing ventured, nothing gained. Good luck.