Debt claim against an estate

[blackchilliman]

Hi,

 

My friend died a couple of years ago and I am one of the administrators of the estate.

 

The debts we knew about were repaid from some life insurance and the balance went to his widow.

 

His widow has now received a phone call, chasing a debt of which we have no knowledge.

 

How would you suggest we proceed or should we ignore it? Should we contact them and ask them for full details of the alleged debt? If so, would you suggest we write or call? Is the debt still enforceable if they dont have a copy of the CCA?- The DRA is Phillips & Cohen.

 

We believe the debt would more than likely be statute barred, however, we don't know whether a CCJ has ever been made. Am i right in saying that if a CCJ has been made, the debt could still be enforceable, even after the six years?

 

Any advice, gratefully received.

[dx100uk]

tough luck.

 

ignore them

 

they are a dca with NO legal powers

 

even with a CCJ

 

dx

[blackchilliman]

tough luck.

 

ignore them

 

they are a dca with NO legal powers

 

even with a CCJ

 

dx

 

Thanks DX but i'm not sure what you mean?

 

No, they may not be solicitors but surely, they have solicitors that can issue proceeding or take further action etc?

 

Would they be aware of the money within the estate- (they do know my friend is dead)

 

Regards

 

BCM

[citizenB]

Presumably as administrators of the estate, you did the necessary, contact all creditors you knew about and posted a notice for those you didnt ?

 

I wonder why this company has crawled out of the woodwork.. you certainly require a good accounting of the debt they claim the deceased owed. So yes, ask them to prove that there is a debt by way of signed contracts, statements etc.

 

You can check if a CCJ was ever given by checking Trust Online.. http://www.trustonline.org.uk/ - I understand the fee has just been reduced to £2.00

 

If you believe the account could be statute barred then it would actually be up to the Creditor/DCA to prove otherwise.

 

Which DCA is this please ?

[dx100uk]

Phillips & Cohen

 

they are specialists in this kind of debt recovery and pull all manner of questionable

'tactics' to convince execs or administrators of estates/wills that the debts are valid.

 

9/10 THEY ARE NOT.

 

as for 'their' solicitors

 

they are typically 'fake/tame' solicitors that 'give them the nod'

to use their name in threats as well.

 

in reality its the bloke at the next desk in a different skirt.

 

dx

[blackchilliman]

Presumably as administrators of the estate, you did the necessary, contact all creditors you knew about and posted a notice for those you didnt ?

 

I wonder why this company has crawled out of the woodwork.. you certainly require a good accounting of the debt they claim the deceased owed. So yes, ask them to prove that there is a debt by way of signed contracts, statements etc.

 

You can check if a CCJ was ever given by checking Trust Online..- I understand the fee has just been reduced to £2.00

 

If you believe the account could be statute barred then it would actually be up to the Creditor/DCA to prove otherwise.

 

Which DCA is this please ?

 

It's Phillips & Cohen.

 

His widow has now received another letter today from them regarding another account!

 

We did pay the debts of the estate at the time but I don't think we placed a notice

 

Whilst I think the debts are statute barred, is there a six month limit, after the granting of probate, for claims against an estate, or is this negated by the fact we didn't place a notice?

 

Thanks for your reply.