Debt relating to a deceased person

[michelle73]

Hi all, wonder if you can help. My mum died in February and as executor of the will I took on all responsibility for the paperwork. For the most, everyone mum owed money to have been really good and are happy to wait until I can sell her house to release the estate. However, Co-operative credit card sent the account straight to a bunch called Philips & Cohen 'a specialist' debt collector. In a nutshell, I have been hounded by them about the estate and they have even suggested that they will put a charging order on the property as they don't feel i am doing everything to sell the house!!! No, I won't give it away for next to nothing just to pay them an £1800 debt. So I sent a cca request in October and told them to stop ringing me and writing to me, quoted every harassment law at them and they seem to have behaved since. However, as at 10th December still no CCA so I sent them a letter off here stating that they hadn't responded within the appropriate timescale etc etc. Will post in full later. I have since received a letter stating that the regular legislation doesn't apply to them! I will post their full response later. Can anyone give me an idea of what happens next?

[Rayne]

I would have thought that the CCA request DOES still apply to them as its a CC, although someone more knowledgable than me can advise properly. I would suggest a strongley worded complaint to the OFT, TS, and them, copying each company in. As far as the charging order is concerned, its my understanding that only a Judge can make that decision.

[flyingdoc]

There is no reason for a court to issue a charging order on the house I and I can see no reason why he would do so.

As the executor of the will you have the right to examine any documents relating to your mothers estate and so they are obliged to deal with you as if they were dealing with her.

They certainly do have to respond to the CCA and if they cannot provide one then they are entitled to nothing from the estate.

 

 

My thoughts

[ukaviator]

Hello Michelle

 

Sorry to hear about your loss.

 

Do you know if there are any charges on the card account?

 

Without a fully executed agreement, they will have trouble collecting any debt. Have you considered informing Trading Standards about their actions?

 

Do you know if your mum had any insurance on the credit card?

 

Some lenders include life insurance as a matter of course but only to cover the consumers liability with them, and no other creditor. Also it's usually the case that the customer is unaware of it.

[cerberusalert]

The executor or administrator must ensure that they repay the deceased individual’s creditors in a certain order. Mortgages must be paid off first, followed by rent arrears; water rates; council tax; fuel; personal loans and credit cards; and finally debts to the Exchequer such as outstanding tax or overpaid benefits.

 

A person appointed as an executor in a will only has a responsibility to divide the assets and pay liabilities out of the funds available from the deceased persons estate (if there is enough left).

 

If there are not enough funds left to pay the liabilities, there is no legal claim or requirement on the executor whatsoever to have to make up any shortfall from their own monies.... They are written off. !

 

An executor is simply the person who rounds up assets, divides them accordingly and pays debts and liabilities out of what is available.... nothing more. However this can take months when the sale of property is concerned, particularly as the housing market now stands.

 

DCAs know the law, they also know that they are at the bottom of the pecking order so ignore all their huffing & puffing. Send them a photocopy of the death certificate along with the CCA request & emphasise to them unless they comply they will be excluded as they have not proven any debt.

[cerberusalert]

I should have added that if you have been granted probate, send a copy of that too as it will verify to these muppets that you are legally entitled to this information!

What is probate? : Directgov - Government, citizens and rights

Edited December 23, 2008 by cerberusalert