Problem with claim for deceased partner

mags0152

I have been told by the Clydesdale Bank that I am entitled to compensation for mis sold PPI on a joint account loan I held with my late partner in the 1990s. They are refusing to pay out on my partner's half of the compensation because they say that they don't know who should get the money. They asked for a copy of the will and the death certificate and as I no longer had either I got a replacement certificate that came with a compliment slip stating clearly it was good for all legal and banking purposes but the Bank says they need a certificated copy of the original. (My partner died in 2002 and the certificate is now lost). They also say that the copy of the will I received from our lawyer and sent to them is not good enough even though it names me clearly as an executor and a beneficiary.
The half share of the compensation is only £600 so it is clearly impractical for me to pay for expensive legal advice but I am incensed by their attitude. When my partner died I inherited all joint debts but apparently I don't get the pay out for compensation.
Is there anything I can do about this?
Thanks in advance

zaax

Do you have legal cover on union / insurance etc?

mags0152

I don't have legal cover on any insurances unfortunately. I think that it's unlikely that I'm the first person in this position though.
When a person signs for a joint bank loan they accept 'joint and several liability' and yet compensation doesn't appear to be covered by this.
The Clydesdale Bank has been fined severely for dragging their feet and this claim has taken me almost a year!

dunstonh

They are refusing to pay out on my partner's half of the compensation because they say that they don't know who should get the money.

That is a sensible outcome. Your use of the word "partner" suggests you are not married. So, unless he/she had a will, then the proceeds could be required to be paid to his/her parents.

I got a replacement certificate that came with a compliment slip stating clearly it was good for all legal and banking purposes but the Bank says they need a certificated copy of the original.

it should either be an official original or official replacement or a certified copy. If the replacement is official then they should accept it.

hey also say that the copy of the will I received from our lawyer and sent to them is not good enough even though it names me clearly as an executor and a beneficiary.

Either your solicitor has not certified it or didnt send a full copy or the bank is wrong.

When my partner died I inherited all joint debts but apparently I don't get the pay out for compensation.

You dont inherit joint debts. You are jointly and equally liable for debts. However, for assets they have to follow the instructions in the Will.

When a person signs for a joint bank loan they accept 'joint and several liability' and yet compensation doesn't appear to be covered by this.

Correct. Assets and liabilities are viewed differently.

You may have to raise a complaint but I would first find out why the Will copy was not accepted.

mags0152

The complication here is that we were same sex partners and she died before there was any way we could be partners in law. She was in her 60s when she died and her parents were no longer living. Her will names me and her three adult children so I assume that fighting this will mean that the best outcome will be £150 each. To be honest it sounds like it isn't worth pursuing given that I've had to work so hard to get my half and this is even more complex.

dunstonh

The complication here is that we were same sex partners and she died before there was any way we could be partners in law.

As there is a Will, its not a complication. Although it will mean that you dont get all the money.

Her will names me and her three adult children so I assume that fighting this will mean that the best outcome will be £150 each.

Yes, it will follow the instructions in the Will.

mags0152

Thanks for your help.

ALIBOBSY

Might be worth checking if you can refer this as a complaint to the FOS as this is free, otherwise like you say not worth seeing a solicitor about.

Good Luck

Ali x

magpiecottage

It is probably reasonable to now go to FOS. Call 0800 023 4567 for free guidance on this.

dunstonh

You do appear to have supplied them the correct info. You should pursue it as they appear to be acting unfairly.