Im being chased for debt left by my father after he died.

[Gerry98]

Me and my dad have the same name. He died in 2003. Recently I've had a few letters from debt collection agencies telling me I owe money to them. I know that these are not my debts and have told them so. For a start I know they arent mine and secondly they have my dads date of birth. I've told them they are more than welcome to get a death certificate to see for themselves (my mum had the death certificate and shes now a missing person) Now the credit agencies are threatening me with sending a bayliff to my house. Surely there is some law stopping them from harassing people? Does anyone know what I should do?

[Rooster-UK]

Hi Gerry.

As you probably know, you cannot be held accountable for someone elses debt, whether they are a relative or not.

There are definitely steps that you can take. Can't be done overnight but can be done.

 

I am going to move this thread into the Debt Forum where you will get the help that you need.

 

Don't worry about it..... Here comes the marines!!

 

Regards, Rooster.

[Gerry98]

Thank you so much. This is a brilliant group and Im starting to feel better about it already! Thanks for taking the time to reply to me!

[sequenci]

Hey Gerry,

 

Welcome to CAG

 

You have absolutely no liability for the debts. Please consider sending the various creditors a copy of the death certificate making it very clear that they are chasing the wrong person. Please request a copy of their complaints procedure mentioning that it is your intention to take a complaint up with The Financial Ombudsman Service should they not halt their actions. You can also point out that their actions are breaching The Office of Fair Trading's Debt Collection Guidance. Send this recorded delivery if you can.

 

One thing I will state is that usually a creditor could try and obtain monies owed from any estate that was left, do you know if there was any?

 

Here are some useful links

 

Financial Ombudsman Service

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

National Debtline England & Wales | Debt Advice | Factsheet 21 What To Do About Debt When Someone Dies

[Rooster-UK]

Well, you've now got over 176,000 other registered users on your side.

[Rooster-UK]

Thanks, Sequenci.

[Gerry98]

Thanks so much for your reply. He definately didnt have any estate when he died. He'd already sold his house and maxed out his credit cards etc before he took his own life.

I'll take a look at the websites you've sent me and then look into getting a death certificate sent to me.

Thanks again!

[Michael Browne]

This may be of use, either amended as a letter, or as is if they issue a claim:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/139673-court-claim-recieved-pls.html

[sequenci]

Thanks so much for your reply. He definately didnt have any estate when he died. He'd already sold his house and maxed out his credit cards etc before he took his own life.

I'll take a look at the websites you've sent me and then look into getting a death certificate sent to me.

Thanks again!

 

I'm sorry to hear that. If there is anything you need just drop me a line.

[mojo130]

Don't forget, before you rush off to send them a death certificate it is up to the DCA to prove you owe the debt and not for you to prove otherwise. A standard request for a copy of the original CCA costing £1 will suffice for now. Ensure you do not sign the letter, send a £1 PO and state in the letter "I do not acknowledge any debt to your company"

[sequenci]

Don't forget, before you rush off to send them a death certificate it is up to the DCA to prove you owe the debt and not for you to prove otherwise. A standard request for a copy of the original CCA costing £1 will suffice for now. Ensure you do not sign the letter, send a £1 PO and state in the letter "I do not acknowledge any debt to your company"

 

He is NOT the account holder.

[giantsf49er]

So he could get them into even more trouble if they supply him with a Consumer Credit Agreement for someone else.

 

What a shame that would be.

[sequenci]

There really is no need to go down the CCA route on this one.

[ScarletPimpernel]

I agree with sequenci - when the debt is definitely not yours, a CCA is not helpful.

 

You need to send one letter making clear to them that you are not the person they are looking for, and are not liable for the debt.

 

Rather than enclosing a copy of the death certificate, say:

 

If you require a copy death certificate, you may obtain one, upon payment of the appropriate fee, from (name and address of the Register Office where the death was registered). My father (full name), born (date) at (place), died on (date) at (place).

 

This serves two purposes; first, it shows that you are not spinning a line, or sending a possibly 'shopped copy certificate, and second, it makes them do the work and pay the fee. I did this when an uncle died and banks and others demanded 'proper' copies.