Hi Andyorch and Ethel. Thanks. As in the transcript of the letter I've outlined above. The finance company appear to be passing new liability of the debt onto my mum as the next of kin. I can confirm that she is merely the widowed wife naturally looking after his affairs. Thank you for the help and links for legal documentation that will certainly help put them straight and in the picture. She's stated from the outset that she isn't part of any legal team looking after an estate, and I genuinely believe they're either ignorant or just bullying her. Either way, she's not intending to take any BS from them. I'll be compiling a letter and email copy for them to keep on their records. Phone calls just don't seem to work. Andyorch - the Default Notice is in my mum's name but she is not the borrower, guarantor or on any joint loan with the company. Thanks again folks. Craig

Hi Andy Thanks for the reply. I may have got things confused, I apologise, let me explain. The mail from the finance company contained two letters: One addressed my father, Robert in the heading (an invoice with arrears total) The accompanying letter was addressed to my mother, ####### Personal Representative of the Late ########. The letter says, Dear Mrs ##### ########, Personal Representative of the late ####### ######### You are now in breach of the Terms and Conditions of your Contract Purchase Agreement. We now enclose a Default Notice in accordance with section 87(1) of the Consumer Credit Act 1974. ~~~~~~~Blurb~~~~~~~~ If you do not take action set out in the default notice before the date shown (25/10/2019) we will: 1. Terminate agreement and take steps to recover the amount due. May also include repossessing vehicle. 2. Record a Default on your credit file with Credit Reference Agencies after 28 days from the date of this letter (above). May affect your ability to obtain credit from other lenders for 6 years. I cannot believe they're being so brazen. Surely, this needs following up even after this is resolved? This company must know it's in breach of its own business practices and many people must have fallen into this - what I consider - is a [problem]. Many thanks. Craig

Hi Ethel Aha. Maybe that will be the reason then for the letter(s). I'll make sure she tells them that she is not an official legal appointee as advised. Yes, Alphera are already aware she doesn't drive and has no need for the vehicle. The car is currently on her drive (and SORNed as far as I'm aware). Cheers. Craig

Hi unclebulgaria Thanks for the response. That's a great idea! I'll discuss this option with my mother tonight and see what she says. Seems the only assured way of dealing with this unless we drive the car to one of their offices. We contacted all dad's creditors after his passing as we're obliged to do, and told them mum would be handling his affairs as the next of kin. Cheers again. Craig.

Hi everyone Thanks so much for the responses. I wasn't expecting so many swift replies. I'll try to answer all the questions as best as I can in no particular order: 1. The agreement was only in my father's name. 2. My mother is the informal representative for handling his affairs. 3. Period of agreement was 48 months with about 30 months remaining. 4. He did not leave a will. 5. He had no payment insurance cover with agreement. 6. There is nobody who can verify he has no estate - in any legal sense. 7. Alphera specialises in BMW finance but the car was only a Renault Picasso 2014 plate. 8. An invoice was posted in my father's name (saying £85.00 is overdue) and the default notice was addressed to my mother (both arrived the same day). 9. Dad died on July 3rd and his accounts were frozen. The bank took any money he did have for two personal loans he had. 10. Alphera have basically ignored my mother's request to take the vehicle and sell it but all they seem interested is in making her liable for the car. Side note: A few weeks ago she received a letter requesting her signature and return post. I told her not to sign it because the contents of the letter asked her to acknowledge that she now accepts personal responsibility for any damage, payments, and anything else the vehicle incurs. The letter was very suspicious and she had no intentions of signing it anyway. My mum has never driven or owned a vehicle and she's not bothered how much it's worth or what they do with it. All she wants is for Alphera to collect the vehicle and do as they wish. All of dad's other affairs have been relatively straight forward in settling, but this company is something else. Again, many thanks for any help you can give me. Craig

Hi all. I'm hoping someone can direct or link me to the legal consumer blurb that states hire purchase agreements upon the death of the borrower. My father died a few months ago and he left no estate. My mother is his representative and next of kin. Dad had a car on HP and it is solely in his name. My mum sent the death certificate to Alphera BMW finance and told them she would like them to close the account and collect the car. She has no interest in taking on the remaining payments as she doesn't drive. Alphera then sent my mum a letter asking her to sign a form saying she will take responsibility for the vehicle's care, but she told them she wasn't signing anything as that would mean she's accepting some form of liability for the car. We heard nothing from Alphera for several weeks, until last week, when they sent my mum a Default Notice saying she's responsible for the arrears etc, and keeping payments up to date. I'm confident this company are trying to pressure or frighten my mum into clearing the account on the car and I know that they have no right to do this. Can someone please direct me to the legislation that outlines a borrower's responsibilities and rights when they die, regarding hire purchase agreements. Many thanks. Craig

Many thanks for this unclebulgaria. I think the SAR and also a written letter to my local councillor and MP are probably also in order.

In answer to some of the questions... No. My daughter is not in a Universal Credit area and is still under the old system. Yes. The issue regarding ESA does now seem to involve her fiance. In light of all this, I can not understand how all this information was disclosed to all authorities long ago and yet it is taking such a ridiculously long time to get anywhere. As far as I'm aware her partner does not receive any form of income beyond what he's entitled to from the component of Family Credits. At the moment I think her total income for the household is around £850.00 of which £400.00 is rent. The ESA meeting is a review and if you're correct then this review could be a blessing rather than an additional hindrance. I'm not hopeful any of these benefits will be back-dated to May though, because I'm sure they said they can only back-date four weeks from the decision to pay. Many thanks for your help folks. I'll update after the ESA review on the 24th November. Craig

Hi everyone. I'm hoping I might be able to glean some information and guidance from this great community. The problem is one you may have heard many times involving benefits and concerns my daughter: Factoids My daughter is 22 years old and lives with 1- year old daughter and fiance in two-bed Sanctuary Housing flat (council housing association). Fiance has no income and is on a company training course with the promise of a job at the end of February. This is their first home and lived there since May 2018. Father (me) is also her Power of Attorney - she has severe mental health issues and I speak to authorities regarding her bills on her behalf. Benefits ESA (currently in receipt of payments but in review) Child Tax credits My daughter made her first application for housing benefit in May but here we are in November and still waiting for a single payment. The keep asking for more information and then tell her she needs to reapply because her ESA payment may be affected. She's been passed from pillar to post several times now and she's concerned about demands for Council Tax and rent which she's fallen behind on paying. Now she has received a letter telling her she has to see someone to review her ESA at the end of November, so any payments for other benefits (Housing Benefit and Council Tax Benefit) will be on hold until December at least. Predictably, I'm certain if the ESA is resolved and maintained Housing Benefit et al., will make her reclaim again taking her into January or February of 2019. Her mum and I are helping her in any way we can to keep her from caving into demands and stress. However, I find it disgraceful how a young mum and daughter can do the right thing in getting a home and being a family, yet be so disgustingly treated by the authorities there to assist her. I can see no end to this merry-go-round of passing the book and it's six months since making her application for Benefits and she still has not received a penny. If anyone can offer any guidance I would be very grateful! Many thanks for reading. Craig