Hello

My mum died three weeks ago and left some debt that my father has no knowledge of ,

one was a loan and has a balance of £2000 and the other is a debt of £300 .

The loan was to a well known loan company and the debt is being sought by a DCA

Can anyone advise me on my next step ?

My father is 84 and is nearly housebound and is not capable of handling this situation

Thank you

Hello there. I'm so sorry to hear about your Mum.

Are the debts in her sole name please?

HB

Hi , and thank you for your response

The DCA is a Letter of Non-Payment Notification addressed to both my Mum and Dad

The Loan is a letter solely addressed to my Dad

My mum handled everything to do with money in the house which makes me think that my Dad wouldn't know a thing about this

My sister told me that the both companies know about my Mum's death but apparently still pursuing debt

I would need to send them a Subject Access Request but they wont as it's not my account

thanks HB

I think you could deal with this on your father's behalf if he signs a letter of authority for you.

HB

name names please

are the debts joint

or solely in her name?

important!!

They are writing to your dad becasue they know that your mum is dead and the debt is now impossible to collect.

they are hoping that a vulnerable bereaved person will pay up as he thinks there is an obligation to do so.

If you mother had any estate that was hers and not jopintly owned with your father then they have a claim on that.

Estate is property, stocks and shares, money in the bank and certain high value works of art or collections

(such as a collection of vintage cars or important pieces of jewellery).

How valuable?

Well if they put her estate over the £325k IHT threshold then that is estate and not personal effects.

Let us assume that she had no estate, then they can go screw themselves and should be told to do so in no uncertain terms.

The debt is no-one elses and if she had a will then it is for the executor to deal with.

If no will and the estate is small then anyone can take it upon themselves to sort out matters

and inform the probate registry what has gone on

if the estate is less than £10k there will be no fee,

£10k-£350k it is currently about £150 for grant of probate but that is about to change.

If all she had was a few quid in the bank them pay the funeral costs out of that

and if there is any left over pay them in proportion

but would anyone with money in the bank borrow from these people?

i doubt it.

If they persist report them to the relevant governing body,

probably the FCA They should be reported for bothering your dad anyway.

Make acomplaint to their head of legal compliance.

Just throwing in another thought.

Were your parents or your mother in a position to repay these loans out of their income? I was just wondering about irresponsible lending being a possibility.

HB

Which companies are these?

Think this is the route , I will phone them them first to introduce myself then ask my dad for a letter of Authority

Will be back to let you know any response

Many thanks

provident and debt managers ( services ) ltd

Wow... Thats new... Debt managers....

So the debt is in your dads name but mum had dealings with this?

if the estate is less than £10k there will be no fee,

£10k-£350k it is currently about £150 for grant of probate but that is about to change.

You are a little out on the scale of fees.

Under £5,000, no fee to pay when applying for probate.

Over that, the fee is £215 (solicitors get a discounted rate, but then charge for their services).

If the OP is applying for probate, then he can make a Subject Access Request as the personal representative of the deceased. It is also worth demanding a copy of any credit agreements before discussing anything else.

Can debt companies ask / force pensioners to pay debt from pension / benefits ?

I think you could deal with this on your father's behalf if he signs a letter of authority for you.

 

HB

Both companies have accepted verbal authority over the phone

you ignore the no powers DCA's

they are NOT BAILIFFS!!

dx

Just throwing in another thought.

 

Were your parents or your mother in a position to repay these loans out of their income? I was just wondering about irresponsible lending being a possibility.

 

HB

Hi HB , i`m calling both companies tomorrow and my father will give his verbal consent to allow me to look after this on his behalf

Can you advise as to questions to ask or will i just ask for a copy of the original credit agreement

Many thanks

RS

are the debts joint

or solely in her name?

important!!

At this stage i don`t know however the letters are addressed ...Provident - my fathers and the other is addressed to them both

You may want to get a copy of her credit file as well so you have a fuller picture of what is financially.

went to my dad`s today and telephoned Provident and Debt Managers Services

and both to my dismay decided not to accept a verbal authority .

They now require written authority for me to take this any further

Do i apply for a Subject Access Request with written authority from my father

or just request the original Credit Agreement with written authority

My father has no recollection of signing anything re Provident / Debt Managers Services .

With regards to the Debt Managers Services letter it says .

... Account due to ....

Moorcroft Debt Recovery

Any help would be grateful

regards

RS

nothing to do with any SAR

.

you send a CCA request

to each.

don't sign anything

Thanks dx

Your father is not responsible for your mothers debt if there is no money left in the estate. Neither are you.

Received reply from Debt Managers ( Services ) Ltd

We are in receipt of your request under The Consumer Credit Act 1974 . Unfortunately this request cannot

be granted as there is no agreement available . please find enclosed your letter with £1 fee attached .

To discus this matter and to help you further with your queries regarding this matter , please contact us on 00000 000000 and we will assist you .

sincerely

DMS LTD

Can anyone help with the next step

Many Thanks

rs

so what type ofd ebt are they chasing then?

dx

As mentioned earlier , my father has no recollection of dealing with DMS LT , it was all dealt with through my Mother who died .

so even they don't even know what type of debt they are chasing?