Died during cooling off period

starling_sparrow

My mother died during the cooling off period of some hearing aids that she purchased. I hadn't gone through the paperwork for this until after the end of the cooling off period and didn't close her bank account for a month during which time they took the final 50%. They have agreed a refund which I am battling to get because of "money laundering". My question is if you die during a cooling off period does it affect your rights as you don't have capacity to alert them or stop the payment?

user1977

I wouldn't have thought so, there's no statutory caveat about the consumer losing their capacity (for any reason) during the period - that's the consumer's risk.

PHK

user1977 said:

I wouldn't have thought so, there's no statutory caveat about the consumer losing their capacity (for any reason) during the period - that's the consumer's risk.

The contract is between the consumer and the business. If the consumer dies then they can't give notice of  a cancellation. 

However, in this case the supplier seems to have done the correct thing. But they need to return it to the deceased's estate and not to the OP. 

@starling_sparrow I am sorry for your loss. Condolences. I apologise that my reply is a bit impersonal. 

Undervalued

PHK said:

user1977 said:

I wouldn't have thought so, there's no statutory caveat about the consumer losing their capacity (for any reason) during the period - that's the consumer's risk.

The contract is between the consumer and the business. If the consumer dies then they can't give notice of  a cancellation. 

However, in this case the supplier seems to have done the correct thing. But they need to return it to the deceased's estate and not to the OP. 

@starling_sparrow I am sorry for your loss. Condolences. I apologise that my reply is a bit impersonal. 

Indeed.

Assuming there is a legal entitlement to a refund (and I am not certain there is) the company would need to be satisfied that the OP is either the executor or the sole beneficiary of the will (if there is one) or the only person entitled under intestate rules. 

If there is no entitlement to a refund, and this is just a gesture of goodwill, then I suppose technically they can send the money to who they please.

TELLIT01

When refunds were due when my brother died they were sent by cheque payable to "The executor to the estate of....."  That was over 10 years ago so I don't know if companies even send cheques any more.

starling_sparrow

Thank you. They are all really helpful comments. I was a bit surprised when they agreed to a refund which was a goodwill gesture but then wondered whether actually they should refund more due to the timings. 
I am battling them because they want a letter from a solicitor confirming that I am an executor and I am refusing to pay for this or a letter from a bank confirming the same but the bank doesn't send this kind of letter. The bank is also not allowed to send details to a third party and they won't accept anything from me forwarded from the bank because I could have created it myself. Currently am trying the initial bank account details on a comp slip and the screenshot of the bank account that the bank have given me. I sent this last week and today was told that they will let me know when their accounts department get back to them. I don't think that money laundering is the genuine reason that they won't make out a cheque in my mother's name as a criminal wouldn't kill off their mother for a £1,500 refund. I understand that I could be trying to steal from the other executors but everyone else has been happy with the will, death certificate and my ID. 

fwor

Do you have an Executor's Account with the bank that your mother used to bank with? If that bank offers one it can be very useful, because the payee name will make the account's functions obvious (IIRC ours was "Executor to the estate of xxxxxx).

HillStreetBlues

starling_sparrow said:

My mother died during the cooling off period of some hearing aids that she purchased. I hadn't gone through the paperwork for this until after the end of the cooling off period and didn't close her bank account for a month during which time they took the final 50%. They have agreed a refund which I am battling to get because of "money laundering". My question is if you die during a cooling off period does it affect your rights as you don't have capacity to alert them or stop the payment?

Is that the time you took to notify the bank?

Keep_pedalling

Are you having to apply for probate?

sheramber

Are you executor named on your mother's will or have you applied to administer her estate because there was no will?

Undervalued

starling_sparrow said:

Thank you. They are all really helpful comments. I was a bit surprised when they agreed to a refund which was a goodwill gesture but then wondered whether actually they should refund more due to the timings. 
I am battling them because they want a letter from a solicitor confirming that I am an executor and I am refusing to pay for this or a letter from a bank confirming the same but the bank doesn't send this kind of letter. The bank is also not allowed to send details to a third party and they won't accept anything from me forwarded from the bank because I could have created it myself. Currently am trying the initial bank account details on a comp slip and the screenshot of the bank account that the bank have given me. I sent this last week and today was told that they will let me know when their accounts department get back to them. I don't think that money laundering is the genuine reason that they won't make out a cheque in my mother's name as a criminal wouldn't kill off their mother for a £1,500 refund. I understand that I could be trying to steal from the other executors but everyone else has been happy with the will, death certificate and my ID. 

If it is a gesture of goodwill and there is no legal obligation (which I still suspect is the case) they can insist on what they like! They can also withdraw their offer.

Obviously you are entitled to deal with the estate yourself as executor and not involve a solicitor if you so choose.

However, if there is a legal obligation to refund to the estate then they are certainly entitled to proper proof. Exactly what form that takes I am not sure. Do you have probate or letters of administration? If they won't accept anything but a solicitor's letter and you are not willing to pay for one, then all you can do is sue them, as executor, in the county court.