sheriff officers

[widow]

sorry not sure if posting in right place. just joined 2day after searching net for help! my husband died suddenly 6weeks ago. i cant function properly and i had 2 sheriff officers at my home on thursday. didnt no what they were and never new anything about sheriff officers. my husband had a van hire purchase he has paid £6000 back from £9000 loan. he missed a few payments due to staring up new business etc i didnt no any of this until 2weeks ago when a court order came saying the company link finance were taking van back then sheriff officers came. the van is not parked at home but parked at husbands work. Its full of tools etc do i have to give them the van back? can i offer to pay it or is it 2 late? do i have give them it immediately they were very rude and as i said im not in a fit state to deal with anything. thanks for any help or advice u can give me. and sorry if im in wrong place.

[hallowitch]

have sent message to one of the site team to look in on this thread for you

[widow]

thank you. they are coming back 8.30am tomorrow.

[Eseehcnhoj]

You dont have to tell them where the van is. Before you do, decide if you want to keep the van, if so

 

Have your husbands executor to:

 

1. ask for a final settlement figure and offer to pay it from his estate.

 

2. Send a copy of the death certificate to the bailiff and they will have to return the case back to the creditor.

 

The tools not belong to your husbands estate, thus technically belongs to his beneficiaries once his Will has Grant of Probate. You only need Grant of Probate if your husbands estate is more than £15,000.

 

Get any life policies cashed in quickly because there will be testimentary dispositions to meet.

[widow]

thank u very much. they told me i had to hand van back etc i showed them death certificate. though they new before they came as i contacted the lawyer who sent me the letter about court order 2weeks ago. i stay in scotland not sure if law any different than in england. many thanks for ur advice.

[hallowitch]

have had a look and this covers Scotland

National standards of enforcement agents

May 202

 

Those who might be potentially vulnerable include:

• the elderly;
  
• people with a disability;
  
• the seriously ill;
  
• the recently bereaved;
  
• single parent families;
  
• pregnant women;
  
• unemployed people; and,
  
• those who have obvious difficulty in understanding, speaking or reading English
  

as said in previous post don't tell them where the van is if they come tomorrow

 

i will see if i can find anything else to help you

[hallowitch]

have sent you a PM

[IdaInFife]

hiya,

 

 

Did you know about the court hearing?

 

What SO's are dealing with it?

 

Have they gave you any paperwork at all?

 

Ida x

[Joemcm35]

Firstly - IF the van is subject to a hire purchase agreement then it is in effect the property of the finance company even after the death of the consumer who signed the agreement.

 

If there is a sheriff court decree for repossession of the van then the decree must contain the van's details. If those details are not on the decree then it is not a decree for repossession.

 

If it is sheriff court decree for a monetary amount then the sheriff officer cannot repossess the van although they can attach it for payment of the debt.

 

The tools effectively belong to you, therefore, if you are planning to inform the sheriff officer's of the van's location then have someone remove the tools for safe keeping.

 

I would strongly suggest that you contact a money advisor at your local CAB or local council as they can act on your behalf and confirm what authority that the sheriff officers have (check the court papers etc).

Check the following link to find a local money advisor:

http://www.moneyadvicescotland.org.u...ind_agency.php

The money advisor will negotiate with Link Financial and the sheriff officer with a view to hopefully resolving this matter.

It may be that Link Financial will accept a proposal for payment although you will have to consider the van's value and what plan's that you have for the van.

[widow]

thank you for all ur replies in dealing with the SO.. i didnt not anything about it. Ive contacted the solicitor whose name was on the court order. The Sheriff officers were Walker and Love. Im going to await a settlement figure. Its probably more the fact i want to keep everything belonging to my husband than the value of the van which i no is silly but my head not in the right place just now.

Thanks again for all your help its the little things that mean a lot.