Misrepresentation to access funds

concerned43

buddy9 said:

elsien said:

Because the OP has the letters of administration and the sibling doesn’t? 

Sorry but the OP does not have 'letters of administration' because she is in Scotland. And on the basis of her other posts she does not have the Scottish equivalent.

What do you mean? I have the executrix dative decree. Just because I didn't reply to your question on confirmation doesn't mean it doesn't exist. The solicitor has it and it is she who is dealing with the creditors and there is a reason for that that I didn't/don't want to go into. This is a public forum not a court and I don't need to prove anything to anyone. Do you think the bank /insurances/ ombudsmen would be dealing with me if I did not have authority. Do you think VM would have upheld my complaint and offered compensation if brother had any authority whatsoever? 
You appear to be hung up on this matter for some reason. 

concerned43

JGB1955 said:

Looks like your sibling is administering the estate .... so you need to wait for them to do that.  Why do you think your sibling has less authority than you?

Because he has no authority to do so and as the contacts for the funeral and care home fees are in my name he doesn't have access to them as he is not their client. If he wanted to administer the estate he could have objected to my court application but he didn't. He has made no attempt to pay creditors with the funds he's managed to obtain. 

buddy9

concerned43 said:

What do you mean? I have the executrix dative decree. Just because I didn't reply to your question on confirmation doesn't mean it doesn't exist. The solicitor has it and it is she who is dealing with the creditors and there is a reason for that that I didn't/don't want to go into. This is a public forum not a court and I don't need to prove anything to anyone. Do you think the bank /insurances/ ombudsmen would be dealing with me if I did not have authority. Do you think VM would have upheld my complaint and offered compensation if brother had any authority whatsoever? 
You appear to be hung up on this matter for some reason. 

I am just trying to be factual.

RAS

concerned43 said:

buddy9 said:

elsien said:

Because the OP has the letters of administration and the sibling doesn’t? 

Sorry but the OP does not have 'letters of administration' because she is in Scotland. And on the basis of her other posts she does not have the Scottish equivalent.

What do you mean? I have the executrix dative decree. Just because I didn't reply to your question on confirmation doesn't mean it doesn't exist. The solicitor has it and it is she who is dealing with the creditors and there is a reason for that that I didn't/don't want to go into. This is a public forum not a court and I don't need to prove anything to anyone. Do you think the bank /insurances/ ombudsmen would be dealing with me if I did not have authority. Do you think VM would have upheld my complaint and offered compensation if brother had any authority whatsoever? 
You appear to be hung up on this matter for some reason. 

It would have helped considerably if you had explained that the solicitor has confirmation, rather than ignoring the question and creating a red herring.

Because this is a public forum other people read threads and buddy was just making sure people reading it in future were not misled.

concerned43

buddy9 said:

concerned43 said:

What do you mean? I have the executrix dative decree. Just because I didn't reply to your question on confirmation doesn't mean it doesn't exist. The solicitor has it and it is she who is dealing with the creditors and there is a reason for that that I didn't/don't want to go into. This is a public forum not a court and I don't need to prove anything to anyone. Do you think the bank /insurances/ ombudsmen would be dealing with me if I did not have authority. Do you think VM would have upheld my complaint and offered compensation if brother had any authority whatsoever? 
You appear to be hung up on this matter for some reason. 

I am just trying to be factual.

But you weren't being factual, you just looked up the executor dative process in Scotland and applied it to my case when you don't know the background of circumstances and how that can change the process in court. 

concerned43

RAS said:

concerned43 said:

buddy9 said:

elsien said:

Because the OP has the letters of administration and the sibling doesn’t? 

Sorry but the OP does not have 'letters of administration' because she is in Scotland. And on the basis of her other posts she does not have the Scottish equivalent.

What do you mean? I have the executrix dative decree. Just because I didn't reply to your question on confirmation doesn't mean it doesn't exist. The solicitor has it and it is she who is dealing with the creditors and there is a reason for that that I didn't/don't want to go into. This is a public forum not a court and I don't need to prove anything to anyone. Do you think the bank /insurances/ ombudsmen would be dealing with me if I did not have authority. Do you think VM would have upheld my complaint and offered compensation if brother had any authority whatsoever? 
You appear to be hung up on this matter for some reason. 

It would have helped considerably if you had explained that the solicitor has confirmation, rather than ignoring the question and creating a red herring.

Because this is a public forum other people read threads and buddy was just making sure people reading it in future were not misled.

Actually it's not that relevant as this subject is really about how a financial organisation did not follow their own policy or indeed the law when distributing funds from my late mother's account. Even IF I did not have authority, the bank's actions would still have been unlawful. 

concerned43

Thanks to all those who have made positive contributions, I will come back and update once the case has concluded. 

Malthusian

concerned43 said:

If I agreed to VM reimbursing the estate and brother keeps the money, then I am being done out of any inheritance. That's unfair.

I don't follow. If VM reimburses the estate, you pay the funeral bill and distribute what's left (if anything) to you and your brother (and any other beneficiaries), you've got your inheritance.
He's stolen a large amount of money from the bank but that's between him and VM who will continue trying to reclaim it.

concerned43

Update 
Now have a financial ombudsman case manager for one of my complaints. 
However, now have another issue. Brother has managed to get his hands on another policy. The insurance company state that due to my mother dying intestate, the funds will be split between all siblings. They require probate if I wanted the funds to be paid into the estate. 
I questioned this as its a small estate and would not be considered for probate by the court. The agent then looked at the system and then told me the claim has already been paid out. Said brother gave them an invoice for a gravestone that he's ordered and the insurer paid out the remaining balance on the stone directly to the stonemason and the rest of the funds paid directly to the brother. 
I am astounded that a financial organisation would do this. 
I am now in a position that half of the estate is with an unauthorised who has spent estate money on a headstone for a grave that's not even been paid for yet.
The insurance company believes they've done nothing wrong. 
It looks like another one for the financial ombudsman. 
I am also furious with the funeral director who put the owner of the grave in the elder sister's name without my knowledge. I could have stopped brother from ordering a headstone if the lair was in my name. 

concerned43

UPDATE 
The financial ombudsman representative has instructed Virgin Money to pay the estate the amount they wrongly paid out to estranged brother.