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 mortgage 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 barred status.

What's the current way of asking for the CCA/ proof of debt with these folks.

Many thanks

I'

Philips/cohens

Strange bed fellows

What are the debts please

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

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.

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 sand.

Bum.

May not be the Santander one though. Double Bum.

well that cant happen can it

debts are his not your responsibility

most die with him.

now this CCJ is it?

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=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=Philips+and+Cohen&sa=Search+CAG

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 ?

sounds like it

go get his credit file

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.

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

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.

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.

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 Probate division under Letters of Administration? ie because your father didn't leave a Will

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

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

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.

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

HB

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.

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

HB

how old are these debts?

Intestacy has rules for dividing an estate so be very careful about how you go about things like transfer of property etc because you wont have the right to do so without a transfer of cash in the other direction. Handicapped relative will need court fo protection paperwork to look after their interests.

Also, sorting out mothers estate should be done after this job. It is likely that all of dads's estate goes to her unless it is over a certain amount and then when she died it passes on. Use that to your advantage to limit exposure to action by creditors if possible. For example if house owned as joint tenants then they will find it particularly hard to go after a charge on the property as it became your mothers the moment dad died. If owned solely by him or as tenants in common then it will be different.

personal effects arent part fo the estate so furniture and car wont be included, nor will most other stuff unless it is considered to be "important" or a collection. That way jewellery worth even thousands arent someones estate, just effects but a half a million quid painting is.

As for asking about the veracity fo the debt, tell them you cnat consider anything unless they furnish you with the necessary details (and I would ask for more detail than a standard CCA request). If they fail to do this then you dont have to consider their demands

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

 

 

HB

Oh is there ? Its from the Probate office - also why I'm saying that rather than Executor ( there was no Will)

Fine, so you're the official Adminstrator.

HB

how old are these debts?

 

 

Intestacy has rules for dividing an estate so be very careful about how you go about things like transfer of property etc because you wont have the right to do so without a transfer of cash in the other direction. Handicapped relative will need court fo protection paperwork to look after their interests.

 

 

Also, sorting out mothers estate should be done after this job. It is likely that all of dads's estate goes to her unless it is over a certain amount and then when she died it passes on. Use that to your advantage to limit exposure to action by creditors if possible. For example if house owned as joint tenants then they will find it particularly hard to go after a charge on the property as it became your mothers the moment dad died. If owned solely by him or as tenants in common then it will be different.

 

 

personal effects arent part fo the estate so furniture and car wont be included, nor will most other stuff unless it is considered to be "important" or a collection. That way jewellery worth even thousands arent someones estate, just effects but a half a million quid painting is.

 

 

As for asking about the veracity fo the debt, tell them you cnat consider anything unless they furnish you with the necessary details (and I would ask for more detail than a standard CCA request). If they fail to do this then you dont have to consider their demands

Thanks that's useful for me to consider.

Age of the debts I'm not 100% certain for all of them and some of my dad's have already been written off , I TH|INK these are the last , but will get a credit report and find out. My guess a lot will date back to around 2008, but whether any are statute barred is anyone's guess.

There's no paperwork that we could really find , only the Equity mortgage , which like I've said I've managed to pay.

Will investigate the Court of Protection route.

well, if nothing has been paid towards them in the last 6 years then they are sb and you dont have to take any notice of Phillips and Cohen but a short letter telling them this would be wise to save you a bit of effort further on.

See what they have whee you ask for proof of the debt but dont tell them what you know at this stage, they probably have nothing other than a line on a printout from some other agency