Debt following death.

[nuthatch]

Hi JonCris. I don't know about that then. As CCCS have notified all of the creditor's of my husband's death they may contact me about that.

Thank you.

[JonCris]

They won't necessarily volunteer the info In fact, & as strange as it may seem most of the creditors staff probably aren't aware of it. To be sure you will need to ask yourself.

 

For example some card, finance companies & banks include life insurance as part of their service & I don't mean PPI

[PriorityOne]

Hi Nuthatch...

 

The CCA request can be sent to the 2 DCAs mentioned earlier, regardless of being with CCCS. It must go by rec. delivery though, with a £1 postal order in with each request. The requests should also be initialled by you and not signed (just a precaution - not a good idea to give a DCA your signature).

 

Hiya JC... what difference would it make if the insurance is valid or not, if Nuthatch is not inheriting the debts ?

[JonCris]

because is there is any life insurance it would probably be payable to the estate & may exceed the debt thereby any residue being paid to the beneficiary.

 

It's worth enquiring

[2Grumpy]

Presumably there won't be any payments to any creditors from the estate without the original agreement & current statement of account ... ?

After all, you wouldn't want to repay any gifts made to your late husband by the banks.

 

Grumpy

[JonCris]

Correct Grumpy. More & more administrators of estates are realizing that they have a duty of care to ensure that all levies against a deceased estate are recoverable by the claimant.

 

As well as a layperson any professional such as a solicitor who fails to exercise that duty may find themselves the subject of a negligence claim if that failure has resulted in a beneficiary being deprived of an asset of the estate

 

& too think the banks by their greed have brought all of this on themselves:)

[nuthatch]

One more job done.

I have downloaded the letter "N" from the template library and edited it to reflect me as a single person and put my own address and details on. The local Post Office is shut this afternoon so I will get the letters posted tomorrow.

Had a letter from the "Executor Help Team" at Egg today sending their condolences and asking for a copy of the Death Certificate. Unfortunately for their "Help Team" it was addressed to another person with a completely different name from mine.

How bad is that?

Had a major few minutes of crying and then got angry because its the second time this has happened. The previous one said "We are so sorry to hear of the death of (first name)"....but it wasn't my husband's name at all.

No doubt some other widow is getting a similar set of letters with my husband's name on.

 

Then I got a letter from DSS telling me I qualify for Bereavement Benefit for a year as I am under 55. Its awful when I think my DH tried so hard to find more hours to work rather then get benefits and now the government are throwing money at me for doing nothing. ( I do work but am off sick following my husband's death).

[miss muppet]

Well done Nuthatch sending off the CCA requests. It brought a lump to mine and my OH's throat when we read your first post and we're so glad you have had the big guns of CAG to point you in the right direction. If anyone has any moral issues on the rights of DCA's and OC's to pursue people mercilessly on alleged debts they should read your story and realise how right we are to try and fight back. How appalling are Egg? It does make one sad to think this help wasen't available to your hard working hubby but I'm sure he would be glad that you are getting the financial help he was denied.

 

As I think you already know you are among good friends here and we'll do our best to help you whenever we can, sending you hugs.

[PriorityOne]

Nuthatch.. you are off work because you need time to grieve. It's not the same as doing nothing. Your emotions will fluctuate from day to day. If DWP are saying that you qualify for a Bereavement Allowance, then please take it.... and give yourself the time you need to heal inside.

 

If you decide that you are ready to return to work at some point in the future, you can.

[nuthatch]

I was rather late posting my letters off as I seemed to lose the will to do anything. But they went yesterday afternoon by Recorded Delivery.

I was really angry to get a letter from my husband's Private Pension people to say that they had a Decree Absolute dated 1994 saying my husband and I were divorced.

As I didn't meet him until 1997 and we were not married until 2000 this was ridiculous. I was so mad I actually managed to phone the person who wrote the letter and blast him out.

Anyway, that did kickstart me into getting the letters finally posted.

How do these big companies get away with being so unfeeling? I bet they spend hours putting together carefully worded plocies and protocols to tell their employees how to deal with grieving relatives. Shame they don't put them into practice.

[PriorityOne]

You're doing really well, Nuthatch... just take one day at a time.

 

You would hope that people who deal with personal data could have a tad of common sense and actually check the information they send out, before sending it. I can remember my Mum receiving a letter addressed to my Dad many years ago no, after he'd passed away... and her being absolutely devastated

 

Well done for getting the CCA requests off though... It's still very early days for you, so try not to worry about taking your time with this... it's still steady progress.

 

[The GodMother]

I was rather late posting my letters off as I seemed to lose the will to do anything. But they went yesterday afternoon by Recorded Delivery.

I was really angry to get a letter from my husband's Private Pension people to say that they had a Decree Absolute dated 1994 saying my husband and I were divorced.

As I didn't meet him until 1997 and we were not married until 2000 this was ridiculous. I was so mad I actually managed to phone the person who wrote the letter and blast him out.

Anyway, that did kickstart me into getting the letters finally posted.

How do these big companies get away with being so unfeeling? I bet they spend hours putting together carefully worded plocies and protocols to tell their employees how to deal with grieving relatives. Shame they don't put them into practice.

 

 

Well Done for posting the cca requests and well done for having a go at that person on the phone. I bet u felt better after it.

 

We all here for u if and when u need us so please dont be affraid to ask for help. I was at first but then i came out of the shadows and actually done something about it.

 

I fully agree that these companys need to have a decent polocy and need to fully us it.

[nuthatch]

I don't know whether this next post is appropriate here but, I have had a letter this morning from RBOS about one of my husband's credit cards. Its from RBOS and is actually very nice...shame they couldn't have been the same 3 yrs ago when we were ready to top ourselves because of worry over debt. If only we had known.

Anyway, the letter says that they have been told by the CCCS there are insufficient funds in his estate to settle the remaining balance which is true. They are asking for copies of his bank statements to verify this and details of outstanding debts. Plus details of his assets..lol

I don't have a problem letting them see his bank statement for the last 3 months as all it shows is the pensions he was getting (£327pm + £37pm) and his tiny wage (between £30 & £50pw). But there is a deposit of £3000 which was what I transferred from my account as it was some of the insurance money we got following a house fire. I have a couple of letters from the Insurance Company about this money.

£550 in an ISA which he had saved hard for to give us a holiday soon.

Should I send these letters as well to explain why the money is there? TBH, by the time the Funeral costs are paid there will only be a little bit left anyway. The rest of our money was all in my name.

Can they ask to see my bank statements? I have moved any money we had into savings accounts as there was not enough to offer F & F settlements on the huge debt we had.

The RBOS did say to update them in 3 months if the estate is not settled.

The "Estate" my husband left has no monetary value. Just the memory of a great man who was loved by many. The house and garden are full of things he made from what other people would have thrown away. He had the gift to see a work of art in any piece of scrap wood or metal.

 

Thank you for the messages left so far. It's a lonely time at the moment and difficult to sit down and deal with this sort of thing.

Edited August 30, 2008 by nuthatch

[JonCris]

No they cannot demand to see your bank statement so don't give it to them no matter what they claim or threaten

 

Also write & tell them your presently grieving & will contact them again once matters are more settled & you feel more able to give it your attention

 

& once you feel able we'll look to seeing if they have agreements that are enforceable before you even think of giving them a dime

 

Please don't be lulled into a false sense of security these are, contrary to what you might think now, not nice people when it comes to demanding money with menaces

 

There are stories galore of lenders & their bullies chasing grieving widows (even for money they don't owe) & causing considerable grief in what is already a very distressing situation

 

Also what they put in writing may not have any bearing on what they say on the phone.

 

Remember a letter can be produced as conclusive proof of their conduct a phone call can't unless you have the facility to record them

Edited August 8, 2008 by JonCris

[nuthatch]

I am still here.

My GP has signed me off for another 2 months. I have contacted the CCCS asking for a telephone review as I cannot stop worrying about the debts.

I had a letter about my husband's EGG CC basically saying "Sorry he died, now send us a cheque for the outstanding amount and Grant of Probate".

I was sorely tempted to relegate it to the bathroom.

But I have written back to say I am the sole executor and I am sure they know that they are last in the pecking order to get any money after funeral expenses etc are settled. I also told them I have been informed by the local Sheriff's Office that I do not require a Grant of Probate as he had a will and his estate was less than £30,000.

I also said they would have to wait until I am ready to deal with this.

Do these people have no feelings at all? It was only 6 weeks after my husband died and they are demanding money.

I hate them with a passion.

Still waiting for the CCA from the 2 DCAs whose time is up end of next week.

[nuthatch]

Mail has just been and I have a letter from Cabot.

 

"We acknowledge receipt of your request under sections 77 and0or 78 of the Consumer Credit Act 1974.

The Cabot Financial Group is not obliged to provide this information but we are pleased to help and have already requested the documentation for you from the original lender.

Cabot Financial does not accept the statutory fee required under section 77 and/or 78 of the CCA 1974 and as a result Cabot has returned the fee of £1 that you have sent.

We anticipate that we will be able to provide the information within 12 days. In the event we are unlikely to obtain this information within theose time limits, we will write to you again".

 

Can't do anything with the Postal Order though can I as its made payable to Cabot.

[Misterzeus]

I am still here.

My GP has signed me off for another 2 months. I have contacted the CCCS asking for a telephone review as I cannot stop worrying about the debts.

I had a letter about my husband's EGG CC basically saying "Sorry he died, now send us a cheque for the outstanding amount and Grant of Probate".

I was sorely tempted to relegate it to the bathroom.

But I have written back to say I am the sole executor and I am sure they know that they are last in the pecking order to get any money after funeral expenses etc are settled. I also told them I have been informed by the local Sheriff's Office that I do not require a Grant of Probate as he had a will and his estate was less than £30,000.

I also said they would have to wait until I am ready to deal with this.

Do these people have no feelings at all? It was only 6 weeks after my husband died and they are demanding money.

I hate them with a passion.

Still waiting for the CCA from the 2 DCAs whose time is up end of next week.

 

 

nuthatch, first of all, condolences on the sad loss of your husband. I am not going to pretend that I know what you're going through, because I don't.

 

What I do know is that you must allow yourself time to grieve, so you are quite right to tell any creditors that you won't deal with any of them until you are good and ready.

 

As others have said, compassion is not a word that is understood in Creditor's or DCA's vocabularies. Try not to let it worry you too much, as you can see, you will get lots of help on here.

 

Take care

 

Mrs Z

[JonCris]

Write back to egg again & start by saying

 

I refer to your unsympathetic letter dated ?????? demanding payment.

 

Please note that as the administrator of my late husbands estate with a specific duty of care to any beneficiaries I require that, before including you in any list of unsecured creditors, you supply me with evidence of any legally enforceable agreements in your possession regarding monies you alleged are outstanding.

Lets know how they respond:)

Edited August 15, 2008 by JonCris

[The GodMother]

u can take the po to the postoffice abd with the recipt as for ur money back. u will recieve the £1 back.

 

 

JC nice letter.

[JonCris]

Have made some alterations

[PriorityOne]

Hi Nuthatch....

 

You're coping really well with all of this and, although there'll be times when you do get overwhelmed by the debts.... please try and remember that you have loads of support on here and we will do out best to guide you through it all.

 

Keep the letter from Cabot somewhere safe.... it's basically saying that they're off your case for the time being while they try and get the Agreement from the original creditor.... so try not to waste any more thoughts on this lot for now.

 

JC has given you a letter to send to Egg. Please send it... and make sure it goes off by rec. delivery... so that Egg can't wriggle out of not receiving it and, so that you know they've had it.

 

If you're able to separate your correspondence to each DCA/creditor, it would also help you to see things more clearly if/when you need to deal with one of these companies at a later date.

[nuthatch]

Thankyou JC, The Godmother and PriorityOne

I think it is a good idea to get individual files for each of the debts as I do get mixed up at the moment. I am usually a well organised person believe it or not and my gift at work was bringing order to chaos.

I will get the letter off to Egg on Monday and get some files.

[overdone]

Thankyou JC, The Godmother and PriorityOne

I think it is a good idea to get individual files for each of the debts as I do get mixed up at the moment. I am usually a well organised person believe it or not and my gift at work was bringing order to chaos.

I will get the letter off to Egg on Monday and get some files.

Individual files are a good way of managing and sectioning the problems. It brings all to digestible, bite size pieces. You will gain a sense of control just by doing that.

[The GodMother]

I have never had to deal with this so i am not going to pretend to understand but i have had to deal with unhelp unsympathic DCAs.

 

The day we were burying my grandad a dca called and demanded i answer there security questions and speak to them. What i said to them i cant remember but from what i have been told i was not very nicde and told them to shove the unimportant finicial issue up the backside as i have a more important issue to deal with that being my grandads funeral.

 

Needless to say i think the guy understood and never hear from them again. It may have been something i said.

 

I am how ever good at bargins. Do u have a wilkinsons near u? if so i would pop in there as the have the A4 multi coloured envelope wallets on bogoff trust me u i find them the best to use.

 

Also i would stock up on, whilest it is on offer, packs of plain paper u can use for ur printer. Its good to get all this stuff now as it is back to school season.

 

Please just remember if u want someone to chat to we are here.

 

TGM

[nuthatch]

Hi Godmother. Thanks for your kind and helpful comments.

I have encountered this situation a few years ago with Egg. I was not in arrears on any credit agreements then.

My father died tragically due to medical negligence and I forgot to transfer enough money into my current account that month to pay my Egg loan DD.Two days after the funeral (delayed by 2 weeks because of decision about whether to have full inquest)I received a call from an Egg employee about the missed payment.. I did apologise and explained the reason why I had forgotten. And his reply?

"Yes Madam, but that was 2 days ago. Surely you can find the time to pay your debt with a debit card now!!!!"

I hung up and wrote a letter of complaint pointing out that I had been a customer for years and never missed a payment.

I did receive a very nice call and an apology following that incident.