Executor and handing personal debt with an estate

[twistyp]

My mum passed away and left an estate of circa £40k, requiring a grant of confirmation (Scotland) due to a life policy at 30k. My mum had around £12k of personal debt (unsecured) to around four lenders, including a loan of circa £6k owing to Clydesdale, which had passed to a third-party before she passed away. She'd entered into repayment plans with each lender, most getting token gestures each month, some as little as £1.

 

Some lenders are pursing more than others, the original Clydesdale loan has now made it's way into the hands of another debt collection agency who are phoning and writing constantly. I need to know exactly where I stand in respect of having to pay this off. I know that personal debt should be paid before rewarding any beneficiaries. A few of the debts seem to have almost given up, are writing infrequently and not pursuing aggresively. What do I need to do? I understand I must give 6 months before giving money to beneficiaries. How co-operative do I need to be with the lenders? Do I need to offer to pay? Can it affect my credit with the debt outstanding? Any help or guidance is much appreciated.

 

Regards

Grant

[cerberusalert]

moved to the General Debt forum.

[dx100uk]

firstly it cannot affect you, so forget that worry

 

as for the debts , you really should be allowing or instructing the solicitor that dealt with the will etc to deal with these.

 

 

however, i have i done this twice, so's have a wee bit of exp in it.

 

IF the solicitor for whatever reason does not deal with them here are a few tips.

 

firstly write to all of them [i would do this to each OC not the curent chasers] inc a copy of the death cert and your executor authority asking them to write the debt off as there is not expected to be any substantial estate to furnish the debts.

 

then await the replies.

 

those that reply 'no' need a CCA firing off to them to assertain that they are LEGALLY intitled to collect.

 

then we will go from there.

 

dx