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RJM Law
RJM Law, Lawyer
Category: Law
Satisfied Customers: 4294
Experience:  LL.B (Hons)
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My husband recently passed away, we were separated at the

Customer Question

My husband recently passed away, we were separated at the time due to fleeing dva. He brought a car last year Jun this year was banned for drink and driving letting his brother look after the car with him being the keeper which I've got the acknowledgement of as I've got all my husbands paperwork as police said am next in kin as still married. It was a sudden death which is still ongoing investigation with the Coroner who also am next of kin I've dealt with all his possessions bank, council mod (as ex military still living in the property till he got somewhere to live) he's brother told our son he wants to buy the car but not the full amount only instalments was told after the funeral which I asked him and now he is saying it is his as I've brought it as I've got the logbook. CID knows he was looking after the car to stop husband from driving as he was an alcoholic but that doesn't mean anything they said as long as we know where it is its OK. Now am the bad wolf and he has cut ties of any contact with me. Its a very complicated situation I have found my husbands dvla which he should of sent bk to them so I'll have to do that explaining that am the new owner who wishes to sell it but his brother has cut all ties with me saying he's the owner as got logbook. Which I've looked up the keeper v owner is 2 different things and alot of people think its the same. The CID said I've only got 2 weeks to get this sorted is there anyway you can help please.
JA: Where are you? It matters because laws vary by location.
Customer: Manchester
JA: What steps have you taken so far?
Customer: I've done the necessary tell all at once, the mod as had to hand house back over, policy/insurance who said will get bk in touch after 3 days which is tomorrow up, bereavement pension military pension bank etc
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I've got husbands mobile and not happy what I've seen plus what I had conversations with his brother that he knew he was dying (2weeks) left and done nothing nor tell anyone. CID did tell me that he wasn't able to talk nor get to any of his appointments from court nor was he in any state of mind. He's brother from these messages pestering harassing him to hand the car over but in the conversations he does say to my husband that I've got both sets of keys and still got your car. Once taxed 9 days later hubby asked he to come over which didn't happen a week later our son found him dead.
Submitted: 10 days ago.
Category: Law
Customer: replied 10 days ago.
I just to sell the car so our kids can sort themselves out nothing for me. As there's money left in bank once funeral directors have been paid with me towards it with the bereavement money of pension.
Customer: replied 10 days ago.
File attached (QSPZ2Q4)
Customer: replied 10 days ago.
No mention of buying at all.
Customer: replied 10 days ago.
File attached (SL4G5LG)
Customer: replied 10 days ago.
Policy/insurance
Expert:  RJM Law replied 10 days ago.

Hello, and thank you for choosing our service today. I am the expert who shall assist you with this opportunity

Please note, our service is conducted through emails and from time to time there may be a delay between answers and responses, this is due to the expert availability at the time.

If you do not receive a response immediately, please be advised I may be working through other matters however you shall receive a response as soon as I am finished with any live. However please be assured I will get back to you.

I will be able to provide you with guidance in relation to your question which should assist in clarifying matters and navigating the legal system. However, please note this does not form a professional client relationship.

I look forward speaking with you and providing help.


Expert:  RJM Law replied 10 days ago.

Did you have a legal separation?

Customer: replied 10 days ago.
Thank you mostly appreciated if you can as this isn't a straightforward as I thought especially with no Will. But thought it would be as he has 3 children. Then whatever was left of his possessions I was going to give to his Parents then Brother.
Customer: replied 10 days ago.
Texting or emailing is fine over the phone is a bit tricky for me as partially deaf so would got myself in a tilly with asking you to repeat things all the time and trying to write things at same time this way or in person it's all there for me.
Customer: replied 10 days ago.
To the question of legal separation. No there wasn't myself and daughter fleed from his DVA assault and drinking, with daughter self harming as he wouldn't give up drinking and chasing her around the house and marking her even had her pinned down in the bath thinking he had gone downstairs but he pretended to as soon as she opened the door he pushed her into the bath smacked her head with legs over the bath screaming for my help that's when I had to drag him away from her. Under the influence of drink he wasn't a well man at all with this condition I did try my best over the Years but the Lockdown took it's tool on my health also.
Customer: replied 9 days ago.
Anything new to help me would help. Hastings Direct been on the phone tonight to tell me they have officially cancelled my late husbands Policy/Insurance with them and sending to me as the executor next of kin (no will) did look up Insurance on system up to April with his arrest on 17th Ban on 9th May and told me to get in touch with DVLA as they will sort things out tell them everything what you have just told me. Given me number for Action Fraud number just in case also. Her name and contact number if I need any more help.
Expert:  RJM Law replied 8 days ago.
Thank you, ***** ***** obviously want to have this assessed in full, however, it is highly possible you have inherited his estate, including the vehicle.  If that is the case, you are under no obligation to sell the car on any terms you please, you do not need to accept payments if you want, or even sell the vehicle to him provided it was inherited by you.  If there was no will and no legal separation, you may well have inherited the estate.   Therefore. I would. advise that you have this assessed by a representative, at the same time they could contact you brother in law and explain the options to him.  

I shall provide you with a helpful link that will assist you in finding a solicitor/representative near your local area. This will provide you with someone nearby your area who can assist you if required.

I hope this information proved helpful. You will find a local solicitor who deals with these matters on the law society webpage which is as follows;

https://solicitors.lawsociety.org.uk/ (England)

https://www.lawscot.org.uk/find-a-solicitor/ (Scotland)

https://www.lawsociety.ie/Find-a-Solicitor/Solicitor-Firm-Search/ (Ireland)

https://www.lawsoc-ni.org/solicitors (N. Ireland)

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Should you require any further assistance on this matter, please do not hesitate to post a further questions for additional assistance.

Kindest Regards.

Customer: replied 8 days ago.
Thank you for your assistance with this matter. I just wanted to hear it from a professional. Plus I will be sending back his Driving Licence to DVLA tomorrow with Covering letter and Interim Death Certificate and Coroner letter investigating his Death. To both offices of the DVLA. With my concerns with copies of the text messages of them both. I will look for a Solicitor who is local as you said.
Expert:  RJM Law replied 8 days ago.

You are very welcome and I wish you all the best.

Customer: replied 2 day ago.
Thank you for your Assistance, most of the Solicitors on the List don't do Legal Aid nor Civil Matters, I did find 1 near me that would of loved to do it but since am on Benefits he advised me to go through CAB which I did in the end, but did say they are here if need be. CAB told me to go through the small claims court apply with legal aid also. Mentioned a mediation which will not work as he will not return any calls texts plus he's Blocked me which is fine with me. Done a letter 1st as that is what they told me to do 1st if no reply or gives me excuses without Proof within the 14 days it will go ahead. I've told him the car isn't to sell for me it's an Asset the Bank said as they will not pay the remaining Costs of husband’s Funeral fees as he still has an outstanding Bank Loan. Once sold the bank will do the necessary to his debts also. Which I don't think his brother knows this except his Dad and step mum. Not looking forward to it but it has to be done. Oh yeah the Solicitor also asked me when my late husband received the dvla to say that he's no longer the Keeper did he receive anything else that he's no longer the owner I said no as from the texts between the 2 brothers does that look like he's selling no the Solicitor said.
M Cameron
Expert:  RJM Law replied 1 day ago.

Do you mean a letter before action?

Customer: replied 1 day ago.
a letter got a template of CAB
Customer: replied 1 day ago.
https://onedrive.live.com/view.aspx?resid=A7293B3A9CDBA258!118&ithint=file%2cdocx&authkey=!AEVx3M4LQ_d2ENE
Expert:  RJM Law replied 1 day ago.

I cannot access the link , but yes the letter before action or Pre-action protocol letter is why yo need to send before you make a claim.  Or were you looking for someone to do this on your behalf?

Customer: replied 1 day ago.
Doing it myself as would cost me £550 with administration fees on top
Expert:  RJM Law replied 1 day ago.

Who did you get this quote from?

Customer: replied 1 day ago.
Quote of solicitor
Customer: replied 1 day ago.
File attached (77S3MS3)
Customer: replied 1 day ago.
File attached (SSS1VPS)
Customer: replied 1 day ago.
File attached (66M447Q)
Customer: replied 1 day ago.
File attached (S5PLM1S)
Customer: replied 1 day ago.
File attached (6Z3Q5G6)
Customer: replied 1 day ago.
File attached (TL6VL66)
Customer: replied 1 day ago.
File attached (P2S6GZP)
Customer: replied 1 day ago.
File attached (LPG7371)
Expert:  RJM Law replied 1 day ago.

I understand, I would be happy to provide my private details for a quote for the same however provided you put a good claim together then you don't need a lawyer to do this for you.

Customer: replied 1 day ago.
That's nice of you, I need to send letter tomorrow before the 2 weeks is up. As was told. I would love to have a professional do it as I don't think he would take any notice of me. At least I'll try. Am on universal credit benefits.
Expert:  RJM Law replied 1 day ago.

If you do one and upload it to here I can look at this for you.  I will not be online tomorrow however.

Customer: replied 1 day ago.
Mrs M Cameron
C/O*****Off Old Lane
Chadderton
Oldham
OL9 7HX
Mr S Cameron
2A Wynbush Road
Oxford
OX4 4TZ
12th August, 2022
Letter before Court Claim.
Dear Mr S Cameron,
Re: As Owner of the Nissan Qashqai DU66BFM
The reply to my text message wasn’t acceptable dated 2 August, 2022 regarding the Buying of the Car. This letter explains what is wrong with the situation of Ownership.
I am once again offering you to Buy the Car of the purchase price of £7,115.00. I enclose a copy of the proof of purchase, when Neil brought it, with him paying £9,750.00
I would like a reply as soon as possible so that I know you have received this letter. If you don't agree to Buying the Car in Full, could you please then send me a detailed response saying why you don't agree.
To avoid taking court action, I am willing to enter into the Since of our last text message together obviously you do not want to speak to me, that's fine with me. Under the standing of the Car Situation. Yes you were Legally allowed to Drive Neil's Car with his Consent as he was the Owner at the time before his passing. As you are the New Keeper dated 3 June, 2022 for Taxing the Car in your name but not Owner, as I've got Proof of this from DVLA as Neil is no longer the Keeper. You are the New Keeper but he is still the Owner. With me being his Next of Kin, am the New Owner and do not give you the Permission to Drive the Car. I don't want the Car for myself as it is an Asset for the Bank and Neil owes them money (Bank Loan) which is still outstanding plus the remaining Costs of the Funeral with his Debts to other people that the Bank will sort out with Selling the Car .
With this, Selling the Car, there is no other Option to resolve this problem. Even Neil’s Children will not get a Penny either as there isn’t anything left in his Accounts.
If I do not receive a satisfactory response from you within 14 days of the date of this letter, I intend to issue proceedings against you in the County Court without further notice. This may increase your liability for costs.
I refer you to the Practice Direction on pre-action conduct under the Civil Procedure Rules, and in particular to paragraph 13-16 which sets out the sanctions the Court may impose if you fail to comply with the Practice Direction.
I look forward to your acknowledgement.
Yours sincerelyMrs M Cameron
Enc: copy of proof of purchase
Customer: replied 1 day ago.
Asked parents if I can use there address as I don't want him knowing where I live which is M188SA Manchester. As he would come round and kick off
Customer: replied 1 day ago.
Will wait for your reply but will need to send it Monday no later