Help please - Debt from an estate due to bereavement

[unclebulgaria67]

Yes you have the right to verify the debts to ensure they are legit. It would probably be best to discuss this with your solicitor, so you can work together on this. The solicitor will need to provide an account of the estate for probate purposes and these debts will I presume have to be included as a liability. This is probably why the solicitors sees this as a straightforward case of just paying these as they don't want to delay matters.

 

You have to be careful in regard to any joint assets, as creditors can look to your mother for payment.

[unclebulgaria67]

Hi got some more questions that I need help with please?

 

1) My dad had a business overdraft, I done a cca in June and have had no reply nor sign of credit agreement. I can see charges on his statement etc when he has gone over the overdraft and interst charges..... Can I withold settlement on this until i see the signed cca?

 

2) I have been rpovided with a cca signed by my dad 13 years ago (wow). I am tempted to negotiate settlement given he was a customer for such a long time, what are the chances of them doing so do you think?

 

3) One creditor replied to me in june saying that would have a cca with me forthwith, after 2 reminders sent recorded delivery they still have provided nor replied - what should I do now - I dont see why I should keep chasing tbh

 

The adverts in national press etc have already been placed

 

Many Thanks

 

1) For bank accounts there will be no CCA. CCA's only apply to loans and credit cards. Suggest that you try to negotiate a reduced full and final settlement of the account. Depending on the amount involved and means to pay, you might be able to settle for say 50%, particularly if the amount due is mainly made up of charges.

 

2) Yes go for a reduced full and final settlement. Likely to accept a faily low settlement, but if you posted a copy of the CCA having removed any personal info, people might be able to comment on the enforceability of the CCA. If CCA is not worth the paper it is written on, this might strengthen your hand.

 

3) Negotiate a reduced settlement. You never know a company might come up with the CCA at some point and this could cause you a problem. Better to deal with this now.

 

A DCA could have purchased the debt for less than 10%, so if there is no CCA available, given the circumstances, you might be able to settle for a low percentage, say 10-20%

[unclebulgaria67]

Suspect the credit limit is the original amount and then this is reviewed as the account is ongoing.

[unclebulgaria67]

Thanks, yes thats what i was thinking to be honest: I will only pay proven debts - this is still unproven. Thery have said they will NOT pursue court proceedings - my only concern now is that I will be harrassed by them as theyve said that theyre not taking this issue to court but then again they arent writing off the debt

 

Send them a letter as Bazooka Boo suggests. The chances are that the matter will be dropped, but they could pass on the debt to another company. If they do this, it is unlikely that they would pass on details of any communications that have taken place, so unless they find your address you might not hear any more.

 

A good option may be to put the relevant sum of money to one side from the estate, into an account, noting any estate accounts, as unproven debt amount creditor x company. Put the money in a savings account and when it becomes statute barred, then divide the money as required. By doing this, if anyone tries to show you are liable in some way, you can show what you have done.