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Death/Probate - need help with debt collection agencies and creditors


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Hi there,

 

I would appreciate some help with the following please:

 

My father passed away 2 weeks ago. Since then I have assumed the role as will executor. On looking at my father accounts I soon reliased that he was actually 40k in debt to 5 credit card companies and 1 business bank account: he was still paying these accounts off but most of them had gone to DCA's. To stop the DCA'S harrassing my mother as the accounts obviously hadnt been paid, I have contacted them all and infomred of the death and informed that I am the estate executor. The estate will include an insurance pay out which will obviously be eaten up by the debts which my father had kept hidden. I have gotten myself a solicitor for probate and he has suggested just paying the debts off - something which I will do if they are legal debts (40k is a lot just to write off from my mother inheritence)

 

Should I be asking for anyting specificailly off these vultures i.e. signed credit agreements etc?? Can I claim back PPI (most said that they had lapsed however)

 

Any advice appreciated

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Sorry to hear of your loss.

 

You have informed the DCAs of the death; that's all you need do for now. Wait for them to make the next move - they should pass the accounts back to the original creditors who should in turn make contact to make a claim upon the estate. At that point, you should write to get them to verify their claims, by producing credit agreements - as executor, it's your duty to ensure that you only pay valid claims. You can adapt the standard CCA template for this.

 

A few points:

 

- it's not unknown for some creditors/DCAs to try to mislead and suggest that family should pay, because they know that probate can take time. Such approaches should be robustly rebuffed.

- some may request a copy of the death certificate. A photocopy should do; if they demand a certified copy I suggest writing to tell them they can obtain it from the Register Office, or send a cheque for the fee. When I was an executor this worked very well.

- you may want to consider making F&F offers (where there are valid agreements)

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  • 2 weeks later...

Hi, I have sent all the relevant adapted "prove it" letters to the concerned parties:

 

couple of questions -

 

the timesacle to reply - is this working days ie 12 working days or 12 physical days

 

also, one company has responded saying they require a letter probate and will not prove it until they see a copy of this

 

Thanks

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