Hello Chancellor I'm still buzzing over my success ! I havent got a detailed breakdown of how they have arrived at the bill --I have a whole load of paperwork which sets out what there hourly rates are depending on who does what.Plus letters with lump sums for the work done over a certain period It estimates the bill as being £3000- £5000 plus vat (It came to £6000 including VAT) Should I get ask them for an itemised breakdown of all their interim bills?How much detail do ask for? Jim rented a garage and his landlord was trying to get him out so Jim forght the eviction from the garage & that is why he used these solicitors to fight in his corner. They have charged Commercial interest which is 8% above base rate. They may be legally correct charging that rate (because it was a business problem) but I'm not sure because the credit manager of the solicitros refered to the debt as private in my recent tel call with him so I told him to advise me why he was charging the extortionate rate? He immediately back tracked and said it was a commercial debt. If I get a full breakdown from the solicitors as a 1st step and then see what that shows before I do anything. ?? Can I as executor use one of those forms?SARS? Will I have to pay them for their work? Hope you have success against your landlord -- Oh and I had a tiny win with Npower today --they wrote off £31 and are refunding £10 following my complaint to them --I'm on a roll:D !!Everylittle helps!

I have some good news!! the solicitors who are owed £6600+ have withdrawn their county court action in October and frozen the interest from date of death. Ive also written to the court to tell them that (just in case they change theri mind at the last minute). I've also challenged the commercial interest rate they have charged and claimed on the CCJ(8% above base rate ). They also verbally said I personally was liable for the deceased debt but I put them straight on that!! I feel so pleased with my self. It just goes to show that the 'little' people can take on the big boys (big Chester firm of solicitors) and with a bit of research and of course the great advice from this site --get little wins and tell them how to do their job! I feel so much better and ever so pleased with myself--just a little victory is really making me feel so much more confident on taking on the many problems of the estate Thank you Thank you Thank you for all your advice. I know I will need your help again but I feel GREAT ---I can see a glimmer of light!!

Hi I'm sorting out an estate ----steep learning curve!!! There are lots of very helpful people on this site who know their stuff ---so if you get stuck just ask If you havent already ask then to freeze the interest on the credit cards while you sort everything out. Unfortunately mortgage interest doesnt get frozen (a solicitor told me that). I'm no expert --I'm learning the hard way , as I go along and keep hitting problems. some really brilliant people on this site! So helpful Good luck

I'm dealing with the estate of my ex boyfriend (he lived on his own)and his morgage is with SPML, he's in arrears and I cannot pay them a penny until I get probate (in about 4- 6 weeks). The interest rate is 9% on an interest only morgage!! I've kept them informed but I've had two letters of Capstone asking for money --warning of repossession . what a nighmare company! 9% interest and huge penalties. As soon as I can (provided SMPL give me the time) I'll pay off some arreasand sell the house. BEWARE of SMPL/Capstone --they tie their lenders up in knots--no wonder my ex had a heart attack at 57 years.

Chancellor --thanks --I bought the book "wills & probates for dummies" and its really good and has helped a lot but this site has been a god send. I am definately going to advertise in the London Gazette and in the local paper. I know executor accounts have to be kept for 12 years. As for late debts --I'm not sure? I'll check on that time limit --I have seeen it somewhere--maybe even on this site(or it may be in my book)--I will check this out before I take ANYTHING from the estate I know I must be careful and no leave myself open to claims so I will be careful to do each step correctly Thanks for your advice

Gizmo111 There is one charging order £11,000(not £6000 I said in earlier posts) and that resulted from a private loan of £15,000 James never paid. I'm not getting any pressure of the solicitor dealing with that as he's agreed to freeze interest until I get probate The one I was asking for help (the £6669 debt) originated from work a Chester solicitor did for James and he didnt pay the solicitors bill. James used to rent a garage and he had a dispute with the landlord and took the landlord to court. Its these Chester solicitors that I'm refering to for the October hearing. I've got all the papers(I think) for both debts. Apart form the October hearing SPML/Capstone are sending me letters re his mortgage arrears --they are my task for this week comming Chancellor --I've done what I consider a thorough job in hunting out the debts and contacting everyone but its feesible more will come out the woodwork when I advertise in the London Gazzet ---Although 'on paper' there should be a little left from the estate for the beneficiary(me) I wont be taking a single penny until its legally safe to do so Gizzmo111 --Why did you want to know what type of debts? Does it make a difference? Any tips for my October 2008 court hearing or anything you think I should read or do before then?? Sorry to keep bothering you I'm going to get a copy of the Commercial Debt (interest )Act 1998 becaue I'm wondering if the judge can reduce the interest --reading the act(briefly) the interest can be varied but I'm not sure who by(judge or Chester solicitors?)--more homework for me. By the end of this I'm sure I'll be an expert! Kind regards --thanks again

Hi Sorry to hear about your parents --I'm lucky that mine are still here but they are old and I've got their death to face sometime in the future(long long away I hope) Ive posted the probate forms off today --Special delivery to Probate office(Yippee --1st hurdle over)--still on the paperwork but its eased off a little now. I know that debts dont die with you --I used to think they did --foolish girl!! My gripe(one of many over this estate!) is that if the solicitor goes to court in October there will be more costs agaist the estate. When I faxed my letter to solicitor on 12th Sept I set out the current up to date position with the estate, sent them a list of assets/liabilities demonstrating there are assets sufficient to clear ALL the estates debts but the houses will have to be sold so I wont (with the best will in the world) be abe to pay before the court date on 23rd October. Some history of the CCJ:- 20th May 08 CCJ ordered James to pay £6669.56(including interest & charges) 11th June 08 the courts wrote to James telling him that the hearing should be held on 21st July 08 and it says 1. the interest of the judgement debtor XXXJames in the asset decribe below (and give the address of him house) stand charged with the payment of £6669.56 together with any further interest becomming due and the costs of the application 2.---"when the judge will decide whether the charge created by this order should continue(without moderation) or should be discharged. James was found dead by the police at home on 30th but had been dead for some time (last seen alive on 14th June 08) but deathcertificate shows 30th June and police wont say when he died(I dont no if that matters really and dont know why I'm telling you that--sorry). I got the hearing on 21st July adjournedbecause I wrote direct to the courts as the solicitors wanted to plough ahead despite the fact I phone/written and explained the circumstances in detail--they werent interested. I will go to court in October because it looks like the solicitor is ignoring my pleas to hold off and spare me the court costs/interest. I havent got a solicitor and to be honest the ones Ive used in the past wre rubbish(eg they sent me onthe wrong date to get my decree absolute and they sent letters to my ex hubbys old address ) and charged a fortune! I havent got the money to pay for a solicitor to go to court for me but I may pay for advice prior to court.I can demonstrate to the judge that I am doing everything within my power to sort the estate out so I can pay this debt--but I dont knwo if that will help save me any further costs or receiving the charging order Oh and the interest rate that the solicitor is charging James on the debt is 8% ABOVE the base rate which apparently is allowable per 'late payment of Commercial Debts(interest) Act 1988--heafty interest eh? Any advice/tips/tactics --anything you think might help Do you think the judge would be sympathetic if I can demonstrate I've done everything in my power --which I think I have so far Cheers--have a nice week end

Mercyblue --no offence taken but James made a will and left me as the only executor and the only beneficiary. There is no family (most probably a distant cousin somewhere. He never married and had no children and was an only child --not that that matters as he made a valid will. Its all the debts and this court action that bothers me cause I'm one of the few lucky people who dont have experiance of these DCAs and CCJs. Guess I'm on a steep learning curve One thing is that people on this site are just BRILLIANT!! --so knowledgable and really helpful. I've passed details of the site onto people who struggle with debts and charges --and its good to know that you are not on your own

Thanks for taking the time to pass on your thoughts on these debts I just dont know The firm of solicitors that want the charging order are an firm based in Chester that charge big bucks for their work(not my words but from anaother solicitor). It was that firm that suggested I write I tell them I will pay the deceased debt, show them the list of assets to prove they will get their money ----eventually when the properties are sold. The 'other' solicitor was surprised that the chester solicitors were still proceedng with their action via the courts after death but didnt say it was wrong. I'll look into what you have said --I've so much to do and realise how much knowledge I lack!! -- I'm up the wall with the whole thing --getting valuations, sendng endless letters, clearing the houses, keeping track of everything and asking questions when I'm ut of my depth --guess the emotional stuff will hit me afterwards Thanks again

Gizmo111/nightmare4banks Can I ask another question thats linked with the houses/estate James house already has a charging order it for one debt of £6000 and now there is a there is another 'interim charging order' from a firm of solicitors he owes money to. He was due in court in July (he died 30th June) so I contacted the solicitors and asked if they'd adjurn but no. Anyway I wrote to them & courts and the courts gave me an adjument until October.The solicitors want the court to give them a charge on his house (house is already got one orde, large mortgage and is in negative equity or borderline neg equity). Problem:- even if I get probate through by then (I'm applying this week) I still wont have the money to pay until I sell both houses. Why do they want a charging order on a potencially negative equity property? Also the original debt was £5,400 (the solicitors estimated the cost would be between £3000 to £5000 in writing )which has increased to £6,600 for the interest & costs. They have their CCJ for £6600 I have asked them to freeze interest in my letter to them in July 08 but they havent replied I also faxed then a letter on 12/9/08 telling them there should be enough in the estate to pay their debt and all the other debts(I gave them a spread sheed of estate assests and liabilities) and I have asked them to withdraw their court action & freeze interest Have I taken the correct action so far? What do I do in court in October 08 if I still cannot pay from the estate (which is very likely)? Can I get them to freeze the interest --they will get paid but not just yet Sorry to send a double question to you like this but they are inter connected

Hi Im back on here again --I'm thinking about this 24/7. I'm going to get an apointment with my bank and see what advise they can give me on paying the morgage and the best way to reduce the £807 per month (9% interest)--I just dont want to put my own house at risk if it all goes pear shaped. Give the debts I found I cant be sure Both houses are in poor state of repair(hence the low value) and would need some substancial work before they could be rented(woudnt meet the health& saftey checks for gas/electric) and thats before I mention the kitchen & decor. I James house would need a full rewire & the central heating is dodgy.If they were good sound houses I would say renting is a good option. To be honest too--I'm in Liverpool and the houses are in Chester and North Wales ( a good hours drive oneway) and I work full time so time is tight. Also I feel I need to get away from all this as quickly as possible so think selling is the way I feel I should go for me personally even if its not the best business decision. I've got the 1st estate agent commng on Monday to Jims house and have been looking at houses up for sale in the immediate area. I 'm going to get more valuations this week on both houses. Yes I will have to advertize in the london gazette and in the local papers--I have what I think are the all the debts but given James wheeling and dealing anything else could turn up so thats a bit of a worry too. Boy I really didnt know his debt problem was this bad! He just burried his head in the sand I will keep you posted and AGAIN thank you for your advice --I so appreciate all your ideas and help

Thanks for the support --I'm really working hard at it and I have done loads (if you'd seen all the correspondence you just wouldnt have beleived it).Yes I still have a lot to do. I've spoken to SMPL today and the morgate rate is 9%. Repayments £807 per month and the bloke asked me for some money but I explained all accounts are frozen prior to probate and that the assets are small with the exception of mums house. He said he'd get in touch in a month. He wasnt very sympathethic --quite cold and very business like (well thats his job I surpose). I had to pay the funeral myself because James didnt have any life cover and I hadnt found the bank accounts by then.The funeral directors wouldnt let me pay later because he hadnt paid his mums funeral expenses!! That was a big shock & I felt so bad about that. Banks will only pay direct to the funeral director & not to me so I will have to wait for probate Do you think its a good idea to send them a list of assets/liabilities (known so far --includes some utilitiy estimates) so they can see there are assets when I write to them for a mortgage holiday? I do work full time but those sort of repayments are far too much for me but I'm going to call my bank on saturday to see what they can offer/advise for the short term. Just one last question --if I borrow from my bank to make some of the morgage repayments will those repayments count as executors expenses? If they do and anything goes wrong (such the houses sell for less than expected &/or other debts come out the woodwork leaving little assets) would I get my money back as they were executor expenses? Sorry but I'm looking at worst case senario here as the last thing I want is to get myself in debt too. Thanks for taking the time to respond and hope you have a lovely weekend

Gizmo111 thanks for getting back -- You need the whole picture but I could be typing for days. I'll try & keep it short. I havent applied for probate (got the forms and now have a list of assets & liabilities) so I'm gonna do it this weekend. 18 months before he died, his mother died so there is her house (worth about £95,000- £110,00). And other than geting probate --hes' done nothing with his mums house, contents, or bills but hes cashed in all the money and spent it. He hasnt sold the house and that will form part of her estate(morgage free)Its taken me ages to sort out the papers because he hadnt opened bills for around 12-18 months. I found unopened mail in every drawer, hidden and in every nook and cranny. Ive opened hundreds of letters and spend weeks sorting from both houses(about 12 - 15 large black bin bags!!) I borrowed the money from my dad for the funeral & I know I can get that back from the estate. He hasnt paid any of his mums bills or his and there are huges debts but I should be able to clear everything when both houses are sold. I've written to them all and explained the double death Jim did get probate for his mum in December 07 but from what i can find hes done nothing other than cash in her savings and spent the lot It would be good (I think ) If I put both on the market --and if mums gets sold first I could pay off the bulk of Jims morgage (but ther are hefty early redemption clauses) and then sell his house to pay off the rest of the debts. Ive cleared the mums house and I am in the process of clearing James house (my friends are helping). This has been difficult cos I've wanted to get as much as possible to homeless/charities but have ended up getting a lot of it moved to the tip if I couldnt give it away(sad). I know his mum would be horrified at whats happened and the debts because she never had debt --it all james debts! He has left such a mess and I had no idea things were like this until I started digging through all the papers and unopened mail. Sorry to chew your ear off --I'm shattered and going to bed now cos I've got work at 8.30 am!! Good Lord --look at the time!! Many thanks from this worn out Scouser

Thanks Gizmo111 I havent paid any morgage since James died. He was my boyfriend until last year when we split up but we kept in touch. I never lived with him. I havent got enough money to pay the morgage interest because its around £700/£800 per month (its interest only mortgage) --I cannot draw anything from the bank because I havent got probate and in any case there isnt much money anyway in the various accounts but perhaps enough to pay about 5 months mortgage. I just need to sell the property because the debt is increasing everyday but until I get probate I cannot sell the house or get at Jims small amount of savings. I feel so stuck and which ever way I move Can SPML sell the propery before I get probate? What do you think they will do? It just seems so unfair that they wont freeze the interest --even just for a few months to give me a chance to get the house on the market, get probate and hopefully get it sold QUICK. It would have been so much easier if he had life insurance to cover the mortgage but ----well he hasnt so thats that Any tips other than get probate quick quick quick!!! And get the house on the market?? Cheers

Hi everyone this is my first message so I hope I'm in the correct section for some advice. Does mortgage interest get 'frozen' from date of death to when the house is sold when someone dies? I'm the executor and sole beneficiary of my ex boyfriends estate. He died on in June 2008. Its been upsetting & difficult because he is up to his eyes in debt. He lived on his own and the house + mortgage is in his name He took out an interest only mortgaage in 2004/05 on his home from SPML and the monthly repayment are aprox £750 per month. The house is worth aprox £100,000 and the outstanding morgage is £102,000(at July 08) What I need to know is if the interest will be frozen at the date of death to give me time sort out his house, other debts and assets and get probate & sell the house as quick as possible. The problem is that if the interest keeps being added every month then the debts will increase --eating away at the few assts I can salvage. I havent been able to find any life cover insurance (that was not a requirement of the SMPL mortgage) Theres are no remaining familly to help me sort his affairs out and I'm doing a good job so far but I just cannot seem to get an answer over what happens to the mortgage interest. Other loans he had have frozen their interest but so far SMPL havent come back to me (Ive sent them two letters --the las tone went recorded). There are assets in the estate but if it takes a couple of months to get probate and a few months to sell(if I'm lucky in this climate!!) --the mortgage interest is going to eat away the assets in no time! Any advice ? I've searched the net and couldnt find anything to help me and tried to get in touch with the citizens advice (the number just rings out or is engaged 24/7). I did get a freebie half hour with a solicitor about some other matters on the estate but she seemed vague over the whole mortgage thing. Any help or pointers in the right direction will be truely a god send!!! Thanks --oh and what a brill site this is --I've only just found it GREAT!!