Parents passed away - where do I stand with 3 week old credit agreement?

[steve31]

My parents have both just passed away, my father had just taken out a 6 month interest free credit agreement on an expensive (£2500) leather sofa. The sofa was delivered only 3 weeks before they passed.

The unsigned payment protection policy was sitting on my dads bedside table, he was probably going to sign and post it the day he was taken into hospital.

After paying for the funeral there will only be enough left in the estate to pay for the sofa.

I made enquires in the shop it was purchased but was told it is no longer anything to do with them and I was given a number for the company financing the credit agreement.

I have been asked to forward a copy of the death certificate but the person on the phone was unable to advise what will happen next but said it is likely the sofa will need to be paid for.

My understanding is that it will have to be paid.

 

What my family would rather do is send the sofa back! The shop however say this is nothing do to with them anymore.

 

Does anyone have any idea's or suggestions? The only thing we think we can do is pay for the sofa and sell it on ourselves.

Thanks Steve.

[gizmo111]

I am sorry to hear of your loss.

 

The debt will become part of yor parents estate, and as there is no money to pay this debt then there is no action they can take.

 

Send them a copy of the death certificates and let us know how they respond.

[steve31]

Hi thanks for the reply.

Unfortunately there will be enough in the estate, just, to pay for the sofa but that will be the estate gone.

Obviously the money doesn't bring our parents back but we would rather have had that than a sofa!

I was hoping there might have been some loophole that meant because not a single penny had yet been paid on the sofa it did not yet belong to my parents and we could have asked the credit company to remove it as it is thier property.

[buzby]

The retailer has been paid for the item, so has no interest it getting it back. I also feel for your loss, and clearly the softa is no longer required but it still has a value and you would be quite correct to sell it for the highest amount you can get selling it as NEW. The funds you get can then be paid into the estate and the debt settled.

[steve31]

Anybody want to buy a top of the range fully electronic moving/reclining leather sofa and matching armchair?

[gyzmo]

Was it an unsolicited visit that prompted the payment or was it bought by distance?

[steve31]

Not 100% sure what you mean...

The agreement was signed in a shop.

[shywazz]

If you buy something and later change your mind the shop can-not refuse to take it back, as long as you have good reason, and the sad loss of both ur head of house-holds means just that, the item can be returned, look into the matter further, when my Mother passed to the other side 2 mths ago, she also had items that were fairly new, some less than 2 weeks old, we contacted the shops there were bought from, and as long as the recipt was shown, there took the items back, with full refund, I'm sure under a credit agreement, such as the one with the sofa, UNDER THE COOLING OFF PERIOD it can be returned, look into the matter with the CAB..

Its very hard dealing with the left over estate, but help is at hand from verious units that give free and impartial advice. Don't be left thinking that you will have to pay for the sofa, as this won't be the case.... Get the help you need b4 contacting the finace company or shop again, go armed rather than blind. Hard as it might seem now, it does get better, take care m8y.

[gyzmo]

I'm sorry, but I have to disagree with that. If there is no cooling off period provided for in the contract, or if you are outside that period, then there is no automatic right to cancel. Nor is there one generally.

 

The only reason I made my last point was to determine if there were any provisions in legislation covering such sales taht would allow for cancellation.

 

It seems, in the absence of a defective agreement, that the sofa will have to be paid for unless the seller looks into their heart. My experience is that such organs do not exist in the corporate world.

[buzby]

I'm with gysmo. If you buy something and change your mind, the shop does not have to listen to any reason - the deal is done, and that's an end to it. They may agree to some modification under 'goodwill' but they are neither required or obliged to do anything. In this case there is a completely justifiable and reasonable reason why the goods are no longer required, but to some disliking the colour after delivery, spending the money on a USA holiday or losing it on the horses and needing to convert goods back into cash would be equally legitimate reasons for some, so a a blanket 'no' is the usual outcome.

[steve31]

Thanks guys, I've written to the credit company explaining the death of my father with a brief outline of the circumstances.

The research I've done online leads me to believe it will have to be paid for out of what is left of my fathers esate. I dont expect them to show any sympathy.

 

I'll let you know what happens when I hear back from them.