Tag: free legal advice

Conveyancing process – flowchart for sellers

To discuss this and to obtain more information contact:
Dickins Hopgood Chidley Solicitors,
The Old School House, 42 High Street, Hungerford, Berkshire, RG17 0NF 01488 683555

Debt Recovery

Debt Recovery legal advice from solicitors and mediators who care - in Berkshire. Calculator with debt notices and a pen.

At Dickins Hopgood Chidley Solicitors, we offer a full debt recovery service, including complying with the Protocol, issuing proceedings, negotiation, Alternative Dispute Resolution (ADR) and representation at final hearings. This factsheet considers the Debt Recovery Protocol.

When does the Protocol apply?

The Protocol applies to businesses (including sole traders and public bodies) who are claiming from an
individual (including a sole trader). It does not apply to business to business debts.

Information to be provided by the Creditor

The creditor should send a letter of claim to the debtor which must include:-

• The amount of the debt

• Whether interest or other charges are accruing

• How the debt arises and the content of the agreement

• Where instalments have been offered by the debtor, explanation why this is not appropriate and/ or why Court proceedings are being considered.

• How the debt can be paid

• A prescribed information sheet, response form and financial statement form, and details of a return address.

The letter should be sent by post and any other applicable means available, such as email. The debtor has 30 days to respond.

The Debtor’s response

The Debtor’s response should be made by completing the response form and financial information sheet.

The creditor should consider the responses given and decide how best to move forward, for example by settling a payment plan or commencing proceedings.

Early disclosure of documents

The protocol provides for the parties to engage in early disclosure of documents to help them reach a settled position.

Where a request is made by a debtor for documentation, the creditor must provide the document within 30 days, or provide a reason why this is not possible.

Alternative Dispute Resolution (ADR)

The parties should consider settling the dispute through ADR, at all times.

ADR may include negotiations, without prejudice meetings, or mediation. The size of the debt may dictate what method of ADR is attempted.

Compliance with the Protocol

The Court will expect the parties to have complied with the protocol before proceedings are commenced. The Court may impose sanctions on parties for failing to comply, including in relation to costs.

If you have any questions about the pre-action protocol for debt claims, please contact Robert Salame to arrange a consultation: 01488 683555 or rsalame@dhc-solicitors.co.uk

To discuss this and to obtain more information contact:
Robert Salame at Dickins Hopgood Chidley Solicitors,
The Old School House, 42 High Street, Hungerford, Berkshire, RG17 0NF 01488 683555

What is probate?

Probate legal advice in Berkshire, image shows a person reading documents

Probate, what is it? When a person dies, someone has to deal with their affairs and decide what will happen to the things they owned.

Executors

The executors are the people appointed in a Will to deal with the estate of the person who has died. An administrator is the person who deals with the estate of a person who has died without a Will (intestate). They can both be called personal representatives.

Executors can arrange the funeral and take charge of the house and possessions, unless they automatically pass to a joint owner.

If there are sufficient assets the executors will have to apply for probate. This is the legal document proving the Will and authorising the executors to deal with the assets and liabilities of the estate.

Applying for probate

To apply for probate, the value of all of the deceased’s possessions, assets and debts has to be ascertained.

If there is, or could, be Inheritance Tax to pay, the executors must report the value of the estate to HM Revenue. If the estate is not liable to IHT the executors must still complete a form giving details of the assets and certain gifts made by the person who died. This must be arranged before an application is made to the Probate Registry.

Once the matter of inheritance tax is resolved, an oath is sworn by the executors or administrators, confirming that they will administer the estate. When probate is granted, the executors have the right to deal with the assets and property of the deceased, including closure of bank accounts, sale or transfer of shares, transfer or sale of property, and payment of debts and expenses etc.

Executors are responsible for distributing the estate to the beneficiaries of the Will. Administrators must follow the ‘rules of entitlement’, which govern who will benefit from the estate of a person who has died intestate (without a will).

Instructing Us

Instructing a solicitor to act for you if you are an Executor or Administrator has the following advantages: –

1. It reduces the distress of dealing with the property and assets of a close relative or friend.

2. A solicitor advises on whether or not Inheritance Tax is payable and if so, how and when it must be paid. Inheritance Tax is complicated and in most cases you will need specialist legal advice. A solicitor will complete the lengthy inheritance tax return.

3. Financial institutions have different requirements to be met before they will release the deceased’s assets. A solicitor will be familiar with these procedures.

4. Administering an estate can be lengthy and complicated. A solicitor will be used to the complexity and be able to commit the time needed to sort out the estate.

5. A solicitor can deal not only with Inheritance Tax but also with income tax and capital gains tax arising during the administration of the estate, for which tax returns are required.

To discuss this and to obtain more information contact:
Emily Payne at Dickins Hopgood Chidley Solicitors,
The Old School House, 42 High Street, Hungerford, Berkshire, RG17 0NF 01488 683555

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