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Mums Death and Debt


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Good Morning All,

 

My Mum passed away last week at the tender age of 53.

 

She had no life insurance and lived in a rented house - pretty much "hand to mouth"

 

I have been to the house every day for the last 10 days to visit my Dad and I have been opening the post and it seems that she was in a huge amount of debt, I have opened letters about 4 DCA s in the last few days.

 

Now my Mum was not one for caring about DCA's she had the attitude that if they could take her to court they would!

 

What I am wondering is, should I write to these DCA's informing them of her death and hope they write it off and my dad doesnt start getting harrassed? No one knows what they are for or anything.

 

What do you guys think, there is no mortgage and the gas and electric we paid by meter, she had a Attachment of earnings for the Council tax and the rent and TV Licence are paid by DD

 

Thank you in advance for any thoughts that you have

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Sorry for your loss.One thing is clear. NO-ONE else is responsible for your late mother's debt unless they were joint debts with her husband. Debts have to be paid from the estate, after reasonable funeral expenses. In this case, there is no estate, so no money for debts. DCAs are like vultures, and will, without exception tell you any old rubbish to get money from you or anyone else.You should write to them, recorded delivery and tell them, enclosing a copy of the death certificate. Telling them also, that your mother sadly died without leaving anything and that you will not enter into any further correspondence about the matter

I am a lawyer, but I am an academic lawyer. I do not practice as a barrister or solicitor. You should consult a practising Solicitor BEFORE taking any Court or other action

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As Rameses says, the best thing is to send a letter to the DCAs. However, I would not enclose a copy death certificate in the first instance.

 

Try something like this:

 

Dear Vultures

 

I refer to your letter dated (date) addressed to my mother (full name), and write to tell you that my mother died on (date). The death was registered at (name of Register Office), from whom a copy of the death certificate may be obtained upon payment of the statutory fee.

 

My mother died intestate.

 

I regret that I am unable to assist further, and will not enter into further correspondence.

 

Yours faithfully

 

There is a leaflet entitled 'What to do after a death' which you can get from the Register Office or Funeral Director, that contains a lot of information you may find useful.

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So sorry to hear of your sad news. Not a time to be dealing with the likes of Debt Collection Agencies.

 

As each letter arrives, make yourself a list and then do as above. The list will help in reminding you who you have already contacted. Should they then continue to harrass you, you can Report them to the appropriate authorities through http://www.consumerdirect.gov.uk/contact

 

There is also some very helpful advice online here: http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/DebtsAndArrears/DG_10013093

 

Do not, under any circumstances be intimidated by their threats, and never respond to any telephone calls from them.

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It was also be worth sending the letter to the original creditors that the debt was originally with. Most DCA's chase on behalf of the original creditor, so if you inform the original creditor of the situation, they should deal with this more professionally than any DCA.

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Sorry for your loss. You need to get hold of the council about the council tax. Your father is entitled to a 25% single ocupancy discount as council tax is worked out for 2 adults living in a property. The legislation is here section 13:

 

http://www.opsi.gov.uk/acts/acts1992/ukpga_19920014_en_2#pt1-ch1-pb4-l1g11

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Yes Scarlet Pimpernel's advice is spot on. Yes. I meant send a photocopy death cert, but Scarlet's idea is even better. I like his/her letter too

I am a lawyer, but I am an academic lawyer. I do not practice as a barrister or solicitor. You should consult a practising Solicitor BEFORE taking any Court or other action

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Hi

 

Thank you all so very much for your kind words and advice and helping me to think clearly.

 

I will go and buy a folder for them on Friday and copy the letter from Scarlet Pimpernel and send it off to each company as the letters come in.

 

Thanks again x

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