Fairfax solicitors,/ Amex

[Dettie]

Hi, I wonder if you can provide advice for my situation please.

 

My husband passed away in May, he was 44, did not leave a will, had been on ESA for over a year (wont go into the horrible time he had with Atos and DWP, or I will rant and rave ! ) and DLA, after being unemployed for most of the last 5 years.

He left exactly 75pence in his cash isa for which I have received a cheque from the bank, and I received a death grant of approx £300 from a very small pension he had as a temp when he could work. This death grant and the bereavement payment from the Government is paying for the larger part of his funeral costs, but I still have to find another couple of hundred to clear it.

The mortgate and car (16 years old !)are in my sole name, and we had/have joint and seperate debts in the hands of credit collection agencies.

I wrote to inform those CCA's which had my husband sole debts that there would be no further payments with a copy of his death certificate.

 

I have received condolences and a demand for repayment from the estate! In particular an Amex debt my husband has been repaying since 1996 and which was passed to Steven Drake Solicitors. I received a letter from Steven Drake informing me the account was closed and then 2 weeks later a letter from Fairfax Solicitors with a lovely little booklet about the fairfax probate administration service, and a demand to complete a questionniare giving them details of bank accounts, car registration,value,liabilities etc etc, the completion of which would allow them to assess my ability to pay and close the account if there was no money or forward a cheque for the full amount.

 

I have read the direct gov info about probate and after speaking to CAB, I have not applied for probate as my husband did not leave a will, not letters of administration because there is no estate, and I was going to send a letter to them to that effect but not filling in that cheeky questionnaire as that is my personal data. But as we have a 13 yr old who is devasted by his loss, they were bottom of my list to deal with so I had not yet replied.

In the meantime, I was dealing with mortgage life assurance in both our names (from the heady days when he was healthy enough to work and we had a joint mortgage), the value of the claim is more than I realised and needless to say it has gone to the assessor to review as I am sure the insurer will find some way of not paying it.

A couple of days ago I received another letter from Fairfax to say that they were in receipt of the information to close the account, ( how ??)and to send a cheque. Or ring them if there is a problem. As if !

 

To cut a long and sad story short, before I respond to this organisation I would be grateful for advice.

 

A. My husband received a letter at the start of the year from Steven Drake with an offer to pay off the debt in one sum of about £700. Would they do that if they didn't own the debt ? If they did own the debt can Amex still try to claim it after Steven Drake has closed the account ?

 

B. The life assurance policy is in both our names with no other beneficiaries. Basically I have paid for this as the only one working. Do I have to pay off this debt from this policy, if I do receive the money uncontested.

 

C. Can I demand a breakdown of his debt as I refuse to believe 14 years of paying this off has only reduced an orginal debt of £2000 by £800, and I know he had issues with Amex applying interest after they had agreed not to. I can't bear the idea that they are profiting from his death when they caused him such stress.

 

D. Is there a template of a holding letter to stop these people writing to me until I know whats happening with the life assurance ? There is so much to cope with at the moment, I need to stop them contacting me before I lose it big time.

 

E. If there is any insurance payment and I pay his debts, there will not be enough to pay off the whole amount. Can I pro-rata the payments and how do I do that ?

 

Sorry its such a long post, but wanted to give you as much info as possible

 

Thanks in advance for your help

 

Dettie

Edited June 19, 2010 by Dettie
Extra Question

[cerberusalert]

I've moved your post and created a new thread for you so you don't get missed in someone elses.

[cerberusalert]

The onus is on them to prove a debt exists and they have the right to collect, so adapt this letter to suit; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/573-general-debt-letter-if-you-know-nothing-of-the-debt

B. The life assurance policy is in both our names with no other beneficiaries. Basically I have paid for this as the only one working. Do I have to pay off this debt from this policy, if I do receive the money uncontested.

First thing to deal with is making these alleged creators prove a debt exists and that it is enforceable.

C. Can I demand a Breakdown of his debt

They will have to provide a 'statement of account'.

[Dettie]

Thanks thats great. I would be very happy to make them work for it. How much info does the statement of account cover. Can I ask for a complete list of the payments or is there a time limit ?

[cerberusalert]

They will have to give a statement of the payments made and the balance of the a/c as it stands now. Normally when you send the letter above asking them to prove the debt they treat it as if it was a CCA request and send the statement along with a copy of the agreement. Given the age of the a/cs there is a good chance that they will not be able to produce the agreement, or if they do it will be unenforceable which means you can legally withold any payment.

 

These types of debt are at the bottom of the pecking order when it comes to payment. They cannot harass you for them as you are not the debtor, in effect you are the executor even tho' there was no will or estate.

 

It's a bit quiet on here tonight, but over the next day or two you will get lots of advice from people who are more knowledgeable in this area than I am.

[Dettie]

Thank you for your prompt and helpful response, it made me very cross when I received their letters. Its hard enough dealing with his loss, without having this kind of hassle.

I'll keep checking the site.

[Desperate Daniella]

Hi Dettie,

 

I'm so sorry for your loss.

 

As Cerberusalert says, the debt is not yours. It is not for them to assess "your" ability to pay. What a bloody cheek.

 

The insurance policy should be used for priority commitments like the mortgage which is secured. No money should be given to Amex which is unsecured despite what they say.

 

The priority is you and your 13-year-old, paying the council tax, tv licence, energy bills, water rates, and so on. They are at the very back of the queue, and I wouldn't think by the time you have paid the priority commitments they'll be anything left for them.

 

If you do have problems with the insurance company paying do remember you can get advice on that here too.

 

DD

[sillygirl1]

You could get your local CAB involved on this, letters from them are looked at more 'favourably' than letters from idividuals even when acoompanied with a certified copy of a death certificate... last countup was 20 of these certificates went out when I dealt with the issue, I suppose the good 'average' is at least 12.

 

If you need any support don't forget to post on here again, we can all help you get through this difficult time, your key priiority now are yourself and your 13 year old - NOT the DCA ****.

[Dettie]

Hi DD & Sillygirl1

 

Thanks for your messages, good ideas about the CAB and further advice about the life assurance, hadn't occured to me, was just flapping about the debt letters. My first instinct was that to tell them to take a running jump, but I want to make sure I deal with it properly for him.

 

Dettie:)

[Brigadier 1JCS]

Sympathy for your loss.

Only just one point about Fairfax never trust any thing they say and don't

agree to a means statement only a court can order that.

Good luck.

[Undercover-Elsa]

Hi Dettie,

So sorry to hear of your loss, something I've been through myself so I do know how you're feeling.

The behaviour of the creditors is despicable.

Regarding the Life Assurance..I would have thought that as it's payable to you as a named beneficiary it does not comprise part of the estate, therefore they don't have any rights to it. You need to clarify that point legally though, maybe your house insurance has a legal helpline included? Surely the whole point of Life Assurance is to ensure you care for your loved ones after you.re gone, regardless of other financial concerns?

I would be very tempted to scan the cheque for 75p, tell them that is his only "estate" as such having been ill/unemployed for the last five years, and send them each a cheque for a few pence, sharing the 75p between them!

Certainly if they don't immediately cancel the debt they should be made to prove it, as advised above.

Please keep us posted and come back even if just for a chat or moral support whenever you need it.

All the very best,

Elsa x

[Undercover-Elsa]

With reference to the above, just had a quick look round, and if the Life Assurance is originally set up as "in trust" then it does bypass the estate and go directly to you. You need to check the wording on the policy, Dettie

Elsa xx

[Dettie]

Sorry for delay in replying, sunday was always going to be a rough day, so took my daughter away for a few days.

Anyway thanks for the info regarding the life assurance, Elsa, I will check the policy to see what it says.

I will also send out the letter asking for proof of debt and statement of account as suggested.

 

Dettie x

[Dettie]

Now getting harrassed by Student loan company for goodness sake, have already sent off the death cert and now getting phone calls and letters demanding an original. Its like talking to a brick wall and they are harrassing me because of their inefficiency. Sent a snotty email and told them to fork out for their own from the registrar, and still get a letter with a stamped addressed envelope. Any use complaining to my MP, or does anyone know who is responsible for this inept org.

Thanks:mad:

[ScarletPimpernel]

Send them a formal complaint:

 

Complaints Resolution Unit

Student Loans Company

100 Bothwell Street

Glasgow G2 7JD

 

 

Dear Morons

 

FORMAL COMPLAINT

 

Re: Mr XXXX (deceased)

 

My husband, (name) died intestate on (date). He had an account with you, no xxxxxxx.

 

I provided a copy of my late husband's death certificate which should be adequate for your needs.

 

However, I have since received a number of telephone calls and letters demanding an 'original' copy. In my email dated xxxx I advised you that if you wished a different copy, you should obtain the same from the (district) Register Office. My complaint is that I am still receiving telephone calls and letters containing the same demands. Whilst your administrative inefficiency is irritating, I find your telephone calls particularly distressing at a difficult time.

 

By way of resolution, I require you to:

 

a. obtain any additional certificate you want from the Registrar

b. stop telephoning me and communicate only in writing

 

I will consider any further telephone calls from Student Loan Company to be harassment, and report it to the relevant agencies.

 

Yours etc.

 

Their complaint procedure is here.

 

Contacting your MP will be more effective if they've had a chance to resolve your complaint first - which might do the trick - though wth SLC's reputation I wouldn't hold your breath.

[Desperate Daniella]

Hi Dettie,

 

I'm so sorry you are getting grief from these morons on top of everything else you have to deal with right now.

 

If you do hear from them again just pick up the phone immediately and call the FOS and report them for harassment. They will give you a reference number which you can give to SLC . I have always found that companies tend to back down immediately FOS get involved with harassment or set-off issues (even though they won't get involved in the enforceable agreements issue. )

 

DD