Debt following death.

[nuthatch]

A few day's before we were due to exchange contracts, our conveyancer phoned to say that RBS (who we had the mortgage with) were refusing to release a final figure as the house "was in litigation".

I nearly had a stroke because non of our loans/overdrafts etc were secured. We had been in a DMP with CCCS for nearly a year at that time.

What we didn't realise was that RBS were the only creditor who had not stopped interest....things were very difficult for us then and we knew very little about dealing with debt.

Before RBS released the mortgage redemption figure, they would only do so on condition that we agreed to allow them to pay off all our debts with RBS before we received the balance. They did not include credit card debts to RBS in this. I believe they used their right to "offset" so they could do this although I did not understand about this at the time. I think I was told this on CAG and it will be on one of my very early posts under another username.

So the debts were paid off to RBS...or so we thought. It was only when the bank charges were refunded that we found out that the money had not been passed over when it should have been.

Our conveyancer paid the money to Shakespeares solicitors and the rest of the story is in my previous post.

I did contact CCCS about this and they phoned Shakespeares (I think because they were making themselves preferential creditors) and CCCS were told that RBS did not have any documentation to prove their right to offset. CCCS did advise us to take legal advice but we didn't.

Just wanted a clean break from the thieving barstewards.

They still have £35 which CCCS paid to them in error because CCCS didn't have time to stop that month's DMP payment. CCCS did request it back but it never got paid.

Worst thing is, I have no documentation about this as all our records were destroyed in a big house fire last year.

[ScarletPimpernel]

I was pursued by Cabot (pretending to be RBS) over an alleged debt that was over 20 years old. Not only was it something I knew nothing of, the real RBS had no record of me ever being a customer; unsurprising really, since I have never had any dealings with them.

 

Looking at other RBS threads, it seems that their admin is often highly questionable. Combine this with the greed of DCAs, and it's easy to see why there are so many clusters.

[JonCris]

A few day's before we were due to exchange contracts, our conveyancer phoned to say that RBS (who we had the mortgage with) were refusing to release a final figure as the house "was in litigation".

I nearly had a stroke because non of our loans/overdrafts etc were secured. We had been in a DMP with CCCS for nearly a year at that time.

What we didn't realise was that RBS were the only creditor who had not stopped interest....things were very difficult for us then and we knew very little about dealing with debt.

Before RBS released the mortgage redemption figure, they would only do so on condition that we agreed to allow them to pay off all our debts with RBS before we received the balance. They did not include credit card debts to RBS in this. I believe they used their right to "offset" so they could do this although I did not understand about this at the time. I think I was told this on CAG and it will be on one of my very early posts under another username.

So the debts were paid off to RBS...or so we thought. It was only when the bank charges were refunded that we found out that the money had not been passed over when it should have been.

Our conveyancer paid the money to Shakespeares solicitors and the rest of the story is in my previous post.

I did contact CCCS about this and they phoned Shakespeares (I think because they were making themselves preferential creditors) and CCCS were told that RBS did not have any documentation to prove their right to offset. CCCS did advise us to take legal advice but we didn't.

Just wanted a clean break from the thieving barstewards.

They still have £35 which CCCS paid to them in error because CCCS didn't have time to stop that month's DMP payment. CCCS did request it back but it never got paid.

Worst thing is, I have no documentation about this as all our records were destroyed in a big house fire last year.

 

 

Send them ALL a S.A.R - (Subject Access Request) in YOUR name & you might be very surprised by what turns up;)

[nuthatch]

JonCris when you say SAR them all, do you mean RBS and Shakespeares solicitors?

Will they have to respond to an SAR in my name because I am executor of the will? Do I have to send an copy of the death certificate and his will to them as well to prove I am entitled to have this information?

I have already SAR'd RBS in the past when reclaiming bank charges for my own and the joint accounts but obviously did not get my husband's at the time. So can you SAR a company twice?

[overdone]

I was pursued by Cabot (pretending to be RBS) over an alleged debt that was over 20 years old. Not only was it something I knew nothing of, the real RBS had no record of me ever being a customer; unsurprising really, since I have never had any dealings with them.

 

Looking at other RBS threads, it seems that their admin is often highly questionable. Combine this with the greed of DCAs, and it's easy to see why there are so many clusters.

Thank you for highlighting this.

[JonCris]

JonCris when you say S.A.R - (Subject Access Request) them all, do you mean RBS and Shakespeares solicitors?

Will they have to respond to an SAR in my name because I am executor of the will? Do I have to send an copy of the death certificate and his will to them as well to prove I am entitled to have this information?

I have already SAR'd RBS in the past when reclaiming bank charges for my own and the joint accounts but obviously did not get my husband's at the time. So can you SAR a company twice?

 

 

The DPA only applies to the living. However as you have now become directly involved in YOUR OWN name the data they hold also applies to you.

[nuthatch]

Why don't the banks just declare an amnesty....zero all debts...and let's all start again?

 

A great idea I think I stole from an episode of "Spooks" the other night.

 

Let's just all sit down, have a cup of coffee and a scone and be friends.

[ScarletPimpernel]

Let's just all sit down, have a cup of coffee and a scone and be friends

 

This, of course, is Zanu-New Labour government policy in Northern Ireland. Just as fanciful as Spooks, of course.

 

 

Personally I fancy infiltrating a DCA (under a legend, of course), changing their database to send threatograms to bankers, Labour MPs and other worthless life forms, then slotting the boss and some selected monkeys with a swift double-tap from my cunningly concealed moderated P226 before blending effortlessly into the human traffic of Reigate (or Salford, or Preston, etc.), reappearing, completely unruffled, behind my attractively-lit, Mac-equipped desk at Thames House before teatime.

 

I'm quite certain that real spooks don't have anywhere near as much fun. However, now that their purview includes serious organised crime they might get interested in the debt industry, what with all the data they process (badly), lack of employee screening and cash flows to overseas investors; I can think of few other golden opportunities for money-laundering.

[nuthatch]

I am so upset. Received another letter addressed to my husband saying he owes them for an RBS overdraft which we paid off in 2007. I got one as well.

I feel like throwing the towel in because I can't cope with all this.

I have put a post in the Royal Bank of Scotland forum as well to see if anyone can help.

I have found a letter from Shakespeares Solicitors which lists all the debts we owed at the end of 2006 which says what the final settlement figures were to clear the mortgage balance on the house sale and the associated RBS debts due from the balance.

This letter has been initialled by someone from our Conveyancer's dept which dealt with our house sale and dated with a note to say "completed **/J**/07. There is also a form with a breakdown of how the final total due to us was decided and that shows the amount paid to the RBS over and above the amount to clear the mortgage.

 

I feel trapped because I think more letters may be on their way because we cleared about 8 accounts following the house sale.

 

Sorry again, I am getting my debts mixed up with my husband's and I know they can't touch him but it is causing me so much grief.

[Lilythepink]

Hi,

only just read your thread, my mum died in 2005, owing around 8000 to Egg,Cahoot, Nationwide, and others.

I kept at them, and I can only add my support to help you, as I can only suggest you keep up the fight with other from CAG

They wrote off my mum's debts absolultely.

Don't give up.....

A

[nuthatch]

Dear P*******

 

I acknowledge receipt of your letter dated *****, the contents of which are noted.

 

The information you requested has already been provided to your client.

 

Your reputation for trying to collect from the dead precedes you. Since the estate has no assets your unsavoury collection attempts are both distressing and wholly pointless.

 

Take notice that I will not enter into further correspondence with you in this matter. I do not expect to hear from you again, other than to apologise. Any further contact will be reported to the appropriate enforcement authority.

 

 

As I have not heard anything for 3 weeks from these people, I wonder if the letter telling them to bog off has done the trick?

I sincerely hope so

[The GodMother]

lets just hope so. lol

[nuthatch]

Just an update.

No further communication about my DH's Littlewoods account (#106)

Grovelling apology from RBS (#186)

Zilch from Egg...months ago.

LTSB debt written off....as it should have been.

 

Happy New Year. How I love this site

[JonCris]

What you mean my 'your reputation for trying to collect from the dead precedes you' letter worked.................... must try it .........again

 

Happy New Year

[The GodMother]

Just an update.

No further communication about my DH's Littlewoods account (#106)

Grovelling apology from RBS (#186)

Zilch from Egg...months ago.

LTSB debt written off....as it should have been.

 

Happy New Year. How I love this site

 

 

Oh well it looks like they have done the rite thing like they are ment to.

 

Have a great nite and hope u can eventually start enjoying yourself.

[nuthatch]

I have had no communication from any of the companies who were chasing money from my late husband's non existent estate so I guess they have given up.

Thanks for all the advice I received on this threas and I am making a donation to the site. It's not much but I hope it helps.

[saintly_1]

Thank you very much on behalf of CAG just glad we were here for you

[sillygirl1]

There you are, I think you may find you will occasionally get the odd communication, then you can remind them that on xxx date you sent a CCA request and they are in default of that - so you won't be doing anything until it arrives.

 

Hope everything else is going well for you now after your problems.

[overdone]

You coped marvellously. I don't think I could be that strong under the circumstances.

[Lilythepink]

Hope that it takes a bit of worry from you. And I am sure the CAG was glad to help:)

[nuthatch]

Letter from Phillips Cohen which is an exact copy of the one I received last year #106 about my late husband's Littlewoods account.

To say I am upset is an understatement.

I thought I had seen them off with the letter from JonCris.

It is a year this month since my husband died in tragic circumstances and I am finding it very difficult a the moment.

Should I just send a copy of the letter that I sent last time?

 

Thanks

[saintly_1]

What a thing to get at this difficult time you would of thought that they would of marked it on the file ..

 

Just been trying to find the letter that JonCris posted to send but I cant locate it on your thread. However if it worked last time try it again only try and add somewhere that you thought this matter had been conclude.

[nuthatch]

Sorry Saintly 1.I am stupid at the moment. There is a copy of the letter on post 186 which Scarlet Pimpernel added to for me.

[The GodMother]

yes sent it and report them to the OFT.

 

Funnily enough i just googgled phillips cohen and this thread was top of the list. http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/114576-deceased-mothers-debt-phillips.html

[JonCris]

Dear Sir or Madam

 

I am in receipt of your letter dated / / and in response I remind you of mine dated / / and the advice therein.

 

It appears that your unsavoury practice of chasing the dead continues therefore as I warned in my previous letter and whilst I reserve my position I am reporting you to the authorities for your appalling conduct in continuing to harass me the widow

 

Signed .............................

 

Do not sign your faithfully