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Legal advice please re additional funeral fee

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Comments

  • Ningaloo
    Ningaloo Posts: 193 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    There is only one ColeShill council. ( you may have seen ColeHill which is a slightly different spelling).

    Have had another NO letter which is the final one from the Council , will now have only the Ombudsman to go to now.

    Anyone got any words of wisdom, court precedents they can recommend?
    Thank you to everyone who has helped me MoneySave
  • System
    System Posts: 178,375 Community Admin
    10,000 Posts Photogenic Name Dropper
    It does say on the Coleshill Town Council site for the St. Peter’s and St. Paul’s Cemetery
    The cemetery has areas for full internment and the burial of ashes. Costs are available via the Town Hall staff.
    So maybe the figures aren't available online but it is explained where they can be obtained.

    If it's the Woodlands cemetery then the fees are on the Solihull.gov.uk site
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • g6jns_2
    g6jns_2 Posts: 1,214 Forumite
    Ningaloo wrote: »
    There is only one ColeShill council. ( you may have seen ColeHill which is a slightly different spelling).

    Have had another NO letter which is the final one from the Council , will now have only the Ombudsman to go to now.

    Anyone got any words of wisdom, court precedents they can recommend?
    I don't think you have a case. It seems the Council have charged their standard fees that are no doubt available on request. You probably signed to say that you agreed to the standard fees. I would drop the matter and move on.
  • Clutterfree
    Clutterfree Posts: 3,679 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Photogenic
    I don't know the legalities of the situation, but could you not appeal saying that she did live in the parish for many years and only moved due to ill health? Surely they should take that into consideration?
    Good luck.
    :heart: Ageing is a privilege not everyone gets.
  • Newly_retired
    Newly_retired Posts: 3,239 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 23 December 2014 at 8:54AM
    I very much doubt that you will win this one, unfortunately.
    Assuming you have already explained that she lived locally for many years and the council have not agreed to use their discretion, I don't suppose the Ombudsman will come down on your side. Councils are having to find ways and means to make up for huge drops in government grants.
    In my opinion, and I am not legally qualified so it is only an opinion, you would not win if you took the council to the small claims court. If you lose you would have to pay costs.
  • g6jns_2
    g6jns_2 Posts: 1,214 Forumite
    I very much doubt that you will win this one, unfortunately.
    Assuming you have already explained that she lived locally for many years and the council have not agreed to use their discretion, I don't suppose the Ombudsman will come down on your side. Councils are having to find ways and means to make up for huge drops in government grants.
    In my opinion, and I am not legally qualified so it is only an opinion, you would not win if you took the council to the small claims court. If you lose you would have to pay costs.
    One of the main benefits of using the smal claims track is that legal costs are not usually awarded unless the claimant has behaved unreasonable. In the current case it might well get struck out before any significant costs were incurred.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    There are at least 4 coleshill parishes in england
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