Being Chased for my Father's Debt more than 7 years after his death

[Artan]

Hello

 

I received a letter on Friday addressed to The Executor of The Estate of the Late Mr (My Dad), they are chasing a debt and want me to call them about it.

 

My father died on Boxing Day 2005 and I was not the Executor of the The Estate either as I am the youngest of 6 siblings, my eldest brother and middle sister were named to hold the estate in trust for the rest of us.

 

Should I call them and tell them that due to the Limitation Act 1980 they can not chase me?

[cerberusalert]

The debt is Statute Barred & even if it were not you are not personally responsible. Send the SB letter & if they continue to try & pursue make a complaint to Trading Standards.

[Artan]

Thank you so much, I just wanted to make sure I could call them to discuss the matter without it meaning I was acknowledging the debt.

[Feebee_71]

I wouldn't ever call them - there is a prone-ness of such phone calls to either promise something that never materialises or leads to someone agreeing to pay off something that isn't due.

 

You are right that you need to inform this company that they're barking up a lamppost and not a tree and you know the statute of limitations applies due to length of time. I would use the statute barred letter from the library and send it with proof of posting collected from the post office (free of charge) telling them to 'do one'

 

Feebee_71

[BRIGADIER2JCS]

You must pass this to the executors to deal with.

[Artan]

You must pass this to the executors to deal with.

 

The Executors are my brother and sister I think? This debt was in my father's name though and he has been dead these 7 years and more, the debt cannot be chased now can it? They cannot chase the Estate for it can they?

[BRIGADIER2JCS]

No the debt is ststute barred and the estate is no longer liable nor is any individual.

 

Who is chasing what here please?

[unclebulgaria67]

The Executors are my brother and sister I think? This debt was in my father's name though and he has been dead these 7 years and more, the debt cannot be chased now can it? They cannot chase the Estate for it can they?

 

This is not for you to deal with. Once you have sent them a letter with your name/address they may try to contact you again.

 

Pass the letter on to whoever was executor and get them to write back. They will know more information about how your late fathers estate was settled. Executors have a legal responsibility in regard to dealing with estates and if they are in any doubt about how to respond to the debt company, they should obtain advice.

[Artan]

I ended up calling the company as they did not actually state there was a debt in their letter and who knows, I may have been left a fortune!

 

No fortune but a minor O/D with Barclays which had accumulated thousands in charges.

 

I refused to handover more contact details and insisted they put me through to someone now or I would let my solicitor contact them. I was put through to someone and asked why this debt was not subject to the Limitation Act 1980, section 5 and he folded completely and said he would close the matter. I asked how he had got my address and then asked that he put on the case notes the fact that I would consider any further contact to me or my family as a breach of teh Protection from Harassment Act 1997.

 

Thank you so much for all your help and advice... it was a fun phone call to make

[Guest]

Maybe I am overly suspicious but they could deny the call was ever made, however it doesn't change the SB situation of course. I would be tempted to follow the call up with a letter "further to our telephone conversation" and repeating what you have informed them. Just what I would do. However I could be completely off here and those in the know may say no point. Well done anyway, these things make my legs fold and calls like that would be too much for me to do confidently.