Harrassed for payment of probate debt "written off" 5 years ago - ?

[windelina]

Hi all,

 

New to site, hoping for some ideas as to where to go next.

 

My mum died in January, I've been dealing with her estate. One of the banks she used initially advised me, through solicitors, that she owed then £1080 on a current account.

 

I have 2 problems with this:

 

1) Bank subsequently hired a firm of debt collectors who have been persistent, aggressive and unreasonable. I started out co-operative but quickly realised there was no point - all they want is immediate settlement and it matters not how many times I've told them when to expect payment... well I'm sure you know the score with these types of outfits.

 

2) I phoned the bank to request statements for this account as I have absolutely no paperwork / evidence of it. Call centre staff couldn't trace it. Went in person to local branch & got in their face a bit, they found the account but told me it had been "written off" (their words) five years ago. It was indeed closed with a debit balance but was closed nevertheless as it hadn't been used for years. They couldn't print statements as their system wouldn't let them - the details of the account have been archived.

 

Already written to the bank complaining re both points & asking them to tell me what the legal basis of their claim for repayment is, as I'm aware I have a legal duty as Executor to protect the value of the estate (I used to be a professional Executor). I waited over 3 months for their final response. They quoted "Office of Fair Trading Debt Collection Guidelines" as the basis of their claim. What? Hard to believe, isn't it, that bank staff know less about the law than we do... they also said the account wasn't closed but was actually passed to their "collections & recovery services" dept. I am aware they had pursued it before my mum died as they were threatening to take her to court for this.

 

They also told me that a payment of £16 had been made into the account in May (4 months after she died), which puzzles me greatly - I've no idea where they got that payment from. They then confirmed the balance was £1080... i.e. the same as it was on the date my mother died. Seems this bank also can't do basic maths.

 

What's bothered me most tho is that they are absolutely adamant that the Debt collectors have only ever called me "to establish the current position of the administration of the estate". That is a load of rubbish (

 

They are also saying the Debt Collectors have only ever phoned me twice. Total lie. I've spoken with them 3 times, ever other time they have phoned me I have instantly hung up on them... and I continue to do so. Doesn't deter them from ringing back of course...

 

Have lodged formal complaint with Financial Ombudsman Service but the wheels are turning far too slow, meanwhile I still have these debt collectors phoning almost daily. Phoned Financial Ombudsman helpline who said they can't do anything to get them off my back until they've completed all their investigations.

 

I haven't responded to the bank's letter yet as I was leaving it to the ombudsman people to intervene, but I'm now wondering whether I should if only to try get things moving a bit...?

 

Anyone any ideas whether the bank are entitled to pursue this debt?

Any suggestions as to how to get rid of the debt collectors?

Any advice on how I can prove the debt collectors have been harrassing / threatening? I've thought about recording the calls - would I be acting within the law if I were to write to them and put at the bottom a note in very small writing saying 'please note calls may be recorded...?'

Any other thoughts / suggestions?

 

Thanks for listening - sorry it's such a long post!

 

W

[rory32]

2) I phoned the bank to request statements for this account as I have absolutely no paperwork / evidence of it. Call centre staff couldn't trace it. Went in person to local branch & got in their face a bit, they found the account but told me it had been "written off" (their words) five years ago. It was indeed closed with a debit balance but was closed nevertheless as it hadn't been used for years. They couldn't print statements as their system wouldn't let them - the details of the account have been archived.

Obviously it is up to them to substantiate the amount claimed. I would send them a SAR here. From this you should receive statements and reclaim any charges on the account (they may end up owing the estate money). You'll also see any account transactions.

Have lodged formal complaint with Financial Ombudsman Service but the wheels are turning far too slow, meanwhile I still have these debt collectors phoning almost daily.

Send them the harassment by telephone letter here. It may not work in reducing the calls but it strengthens your case against them.

Anyone any ideas whether the bank are entitled to pursue this debt?

Possibly but once the penalty charges are taken into account you can dispute any claim. If there has been no acknowledgement of the account by payment or offer of payment for the last 6 years then the account is statute barred anyway.

Any advice on how I can prove the debt collectors have been harrassing / threatening? I've thought about recording the calls - would I be acting within the law if I were to write to them and put at the bottom a note in very small writing saying 'please note calls may be recorded...?'

You don't legally need to tell them that you are recording the calls. DCA phone monkeys usually change their tune quite quickly though once you inform them that the call is being recorded.

 

Remember these people work on commission and so are usually quite happy to tell you any old rubbish to get a payment out of you whether they are entitled to it or not.

[seville]

Windelina --I'm in the same boat --dealing with my ex boyfriends estate. Im dealing with tonnes of debts --at the last count 3 DCA but I've sent letters (guided by this site ) and I havent heard a word since.Im battling with numerous other debts like mibile phone s, utilities, council tax the list is endless.

Its knackering dealing with these DCA but I am sure that if you follow advice from Rory and read up on this site --you will be in good hands and wipe the floor with them!!

Good luck

[gizmo111]

Hi Seville,

 

How's it going?

 

Hope you are coping OK

 

Giz

[seville]

Hi Giz

 

Gone from despair to smiling:)

I won my first little battle (hep of course from CAGs) --what a Buzz that was.

Still got a mountain of debts to fight but so far doing great and in a weird sort of way enjoying the fight --grrrrrrrrr!!!

And I have been able to add some hep to other CAG member with a tax problem (thats my comfort zone you see) and that felt good --sort of pay back for allthe help I've had

 

Hope your ok ---I see your posts helping others thats nice

No doubt I'll be pestering you again when i get stuck but so far so good

 

Seville