Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #1
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    Default Deceased Parents Debt Phillips and Cohen

    Hi there,
    Bit of Background

    Both parents have died in the 15 months, and the Estate is effectively the house they lived in, to be split between myself and my 2 brothers.

    Both of my brothers live in said house ( one is mentally handicapped and the other is his carer ).

    My father left debts of around 66k ( one a equity release mortgageicon of 56k,which we have cleared. ) So we are left with the remainder of debt that has come from (so far) 3 accounts that Philips and Cohen are handling .

    I am the Administrator of the estate, and ideally do not want to sell the house as it would leave a vulnerable adult and carer homeless.

    Now these debt are likely to be in my fathers name only ( I've only just got the letters so not gone any further than here ), if that might make any difference.

    So my first thought would be to check the legitimacy of each account/ statute barredicon status.
    What's the current way of asking for the CCA/ proof of debt with these folks.

    Many thanks

    I'


  2. #2
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    Default Re: Deceased Parents Debt Phillips and Cohen

    Philips/cohens
    Strange bed fellows
    What are the debts please

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  3. #3
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    Default Re: Deceased Parents Debt Phillips and Cohen

    Not entirely sure as yet one is New Day for @ 380 and 2 from Santander ( 2500 and one 8k) .


    The 8k one has one a note with "Original creditor Santander Personal Loans."



    Beyond that , I have nothing.



    Is a CCA the correct way to go about this ? Data Protection? Bit lost as to the best way forward.

    Thanks


  4. #4
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    Default Re: Deceased Parents Debt Phillips and Cohen

    so
    a newday Aqua credit card I would suspect
    a satans bank loan for 8k
    sayans bank 2500 I would suspect to be a bank OD I bet.

    im just trying to find out why you are worried about them
    if they don't have a charge on the property or a CCJ forget about them.

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  5. #5
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    Default

    Well I'm worried as I don't want to get into a situation where I end up having to sell the house from under my brothers.

    We were planning on putting it in my name and having them pay rent ( to help pay off the remortgage and build up repair funds).

    So would need to change the deeds etc.

    So don't want vultures circling around and trying to get their hands on it.

    Telling this lot to do one would ease my mind.

    Well there's an unsatisfied judgement in my dad's name for 2k (via trust online. ) dated from 2015.

    Probably stuck his head in the sandicon.
    Bum.

    May not be the Santander one though. Double Bum.


  6. #6
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    Default Re: Deceased Parents Debt Phillips and Cohen

    well that cant happen can it
    debts are his not your responsibility
    most die with him.

    now this CCJ is it?

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    Default Re: Deceased Parents Debt Phillips and Cohen

    BTW
    philips and cohen are VERY well know to try and fleecer people on deceased persons debts

    bottom line is there is stuff and all they can do
    read these threads

    https://cse.google.co.uk/cse?cx=part...&sa=Search+CAG

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  8. #8
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    Default Re: Deceased Parents Debt Phillips and Cohen

    Not entirely sure, but got a TrustOnline report in my Dad's name and address and there is one line under England and Wales Orders & Judgements with a Status of Unsatisfied Judgement.



    Is that a CCJ ?


  9. #9
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    Default Re: Deceased Parents Debt Phillips and Cohen

    sounds like it
    go get his credit file

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  10. #10
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    Default Re: Deceased Parents Debt Phillips and Cohen

    Quote Originally Posted by UriGagarin View Post
    We were planning on putting it in my name and having them pay rent ( to help pay off the remortgage and build up repair funds).
    Be very careful about doing this especially if the occupants would be claiming housing benefits. Renting a property to a close family member is often viewed as a "contrived tenancy" and the council will invariably refuse to pay housing benefits.

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  11. #11
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    Default Re: Deceased Parents Debt Phillips and Cohen

    Debts only die with Deceased if they cannot be recovered from his Estate.


  12. #12
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    Default

    Quote Originally Posted by mariner51 View Post
    Debts only die with Deceased if they cannot be recovered from his Estate.
    Yes, seems to me that the person legally responsible for the deceaseds estate needs to obtain all of the debt information and then obtain legal advice about best way to secure the property for the disabled person as well as their carer.

    If there is still an equity release debt outstanding,then these creditors would still own equity in the property and would no doubt have terms about period of time in which any remaining balance must be settled.

    If I were getting correspondence chasing debts, I would not respond at this stage.


  13. #13
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    Default Re: Deceased Parents Debt Phillips and Cohen

    Thanks,
    The Equity Release debt has been paid off ( essentially I am now the major creditor to the estate).

    WRT Housing Benefit and contrived tenancy - we've looked into some of the ins and outs and we're reasonably confident there is an accepted way of doing this - of course we will get proper advice closer to the time.

    So to sum up the replies/ situation :

    I need to get my dad's Credit file and see what lurks there - go to Experian/Noddle ?

    I suppose as I'm Administrator that makes sense. Best do so for Mum as well, just in case.

    Web or write?

    Check Land Registry for any other charge on property ( is there a place to go for that as the standard one via .gov doesn't seem to have anything about charges on the property?)

    Many thanks.


  14. #14
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    Default Re: Deceased Parents Debt Phillips and Cohen

    Quote Originally Posted by dx100uk View Post
    debts are his not your responsibility
    most die with him.
    Debts don't die with someone. They continue to be repayable from the Estate and the Executor/Administrator is under a legal duty to settle the deceased's debts from the Estate (as long as there is enough money in the Estate to do so). The Executor/Administrator has no personal liability for the deceased's debts though, only to pay from the Estate.

    UriGagarin, are you formally appointed Administrator by the probateicon division under Letters of Administration? ie because your father didn't leave a willicon


  15. #15
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    Default Re: Deceased Parents Debt Phillips and Cohen

    Administrator to my mother's Estate as she died after my Dad, both were intestateicon .


  16. #16
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    Default Re: Deceased Parents Debt Phillips and Cohen

    Quote Originally Posted by Ethel Street View Post
    The Executor/Administrator has no personal liability for the deceased's debts though, only to pay from the Estate.
    If a creditor can show that the executor has been negligent in his/her duties in handling the estate, they could pursue the executor through the courts. This can generally be avoided by placing a Section 27 notice in the London Gazette. For further details, see: https://www.thegazette.co.uk/all-notices/content/137

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  17. #17
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    Default Re: Deceased Parents Debt Phillips and Cohen

    Quote Originally Posted by Mr.P View Post
    If a creditor can show that the executor has been negligent in his/her duties in handling the estate, they could pursue the executor through the courts. This can generally be avoided by placing a Section 27 notice in the London Gazette. For further details, see: https://www.thegazette.co.uk/all-notices/content/137
    The Gazette is next on my list for this.
    I've created a login and had a look , but its a rather confusing interface so will take my time over that one. Not for late night.


  18. #18
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    Default Re: Deceased Parents Debt Phillips and Cohen

    Ethel Street asked if you're officially Administrator of the estate, is that the case please?


    HB

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  19. #19
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    Default Re: Deceased Parents Debt Phillips and Cohen

    Quote Originally Posted by honeybee13 View Post
    Ethel Street asked if you're officially Administrator of the estate, is that the case please?


    HB
    Yes to my mothers Estate - dad died only a few months before so its rolled into one - I replied Up there , obviously got missed.


  20. #20
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    Default Re: Deceased Parents Debt Phillips and Cohen

    Possibly. I was just asking because there's a difference between administering an estate and being appointed by the probateicon Office via Letters of Administration.


    HB

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