Children of Deceased Father

Insider101

addedvaluebob wrote: »

Ignore all of this post and put in a complaint either as the administrator of the estate or on behalf of your mother as the beneficiary. The bankruptcy is a red herring in this case as the mis-sale was for your now late father. Any redress becomes an asset of the estate not the OR in the first instance.

As for the 'no evidence that Lloyds did anything wrong, given their uphold rate of normal complaint and the high turnover of rejections by FOS the balance of probability is firmly on the side of the consumer so lets 'assume' that Lloyds are guilty of mis-selling. The OP does not have to justify their case on this forum.

I'm not sure why my comprehensive explanation of why this post is nonsense got deleted but I'll explain it again for the benefit of those who didn't get to read it.

Firstly, it is the law that in order to act on behalf of, or administer, a deceased person's estate, you need either a grant of probate or letters of administration. It is not the case that anybody can just go claiming to act as the administrator. There needs to be legal proof. That is the law and ignoring it is not going to change the fact. It is, however, very bad advice to someone coming on this forum wanting a constructive and honest answer regarding the queries they have raised.

Secondly, whilst I have never said that the OP has to justify any case on this forum, a complaint is an expression of dissatisfaction. They would certainly have to justify it to the complaint handler should they make one. The case handler would be within their rights to question any complaint made, after all the deceased father can hardly give his own account of events. That's before you consider that the CMC may have already made the complaint with the father's signed authority and whilst depending on contractual terms it is sometimes possible to fire a CMC, in this case there appears to be nobody with the legal authority to do it.

If you want to ignore all the laws, regulations and facts and just go blindly tub thumping and telling everyone who posts that they have a cast iron case and should put a complaint in I know a forum where that sort of thing is the norm. It's called Consumer Action Group. On this forum, people provide constructive and honest advice rather than head in the sand rabble rousing.

As regards the issue of any redress and bankruptcy, yes there is an argument to be had about that one and if I was the mother in this instance I would probably argue the same way you have that it was not my asset at the time of the bankruptcy but was inherited after it.

thepunterschampion

My Father died in October 2014 and I am trying to claim PPI on loans and credit cards but have no idea how to go about it. He had no debt no will and I am his only child and dealt with all finances when he died - tried the claims guys who seemed ok until i got cut off on phone - on calling back a different operator advised could not claim unless I was executor but he had no will. I made a claim under AI scheme and they were very helpful as I made it clear i was doing this on behalf of my mother and as a result she got almost £400, Where do I start when I have no paperwork and how far can you go back as my dad always took out protection policies on loans and credit cards - my mum is very frail and i feel i need to do all I can - can anyone give me some concrete advise as to where I start?

Nasqueron

thepunterschampion wrote: »

My Father died in October 2014 and I am trying to claim PPI on loans and credit cards but have no idea how to go about it. He had no debt no will and I am his only child and dealt with all finances when he died - tried the claims guys who seemed ok until i got cut off on phone - on calling back a different operator advised could not claim unless I was executor but he had no will. I made a claim under AI scheme and they were very helpful as I made it clear i was doing this on behalf of my mother and as a result she got almost £400, Where do I start when I have no paperwork and how far can you go back as my dad always took out protection policies on loans and credit cards - my mum is very frail and i feel i need to do all I can - can anyone give me some concrete advise as to where I start?

You can go back as far as you can prove premiums were paid and / or the banks have records/.

Do note your statement "my dad always took out protection policies on loans and credit cards" sounds like he wanted PPI. If so then you have no case as it's about miss-sale and if he was sound of mind and voluntarily signed up then there would be no miss-sale (with the exception of perhaps loan PPI if it was single-premium where the PPI is included in the debt rather than a separate policy).

I'd suggest you get proper authority to deal with the affairs (or help your mother do this) and establish the facts before complaining. If your father passed in 2014 then the banks should still have records - though any closed more than 6 years ago may have been archived or deleted in line with the DPA