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    • Today , after a lotof years i recieved a letter from this lot. Very friendly, "Were writing to remind you that we havent had any contact from you in a while".  The velvet fist, followed by  a veiled threat to get their preferred debt collectors involved. Yep dead right. In 1992/3 I took out a Student load under duress from DHSS. uP TO 2000 I hadsucessfully gotten deferment on low income. But rarther thansign on as unemployed,I decided to be self employed. I applied and they asked for all sorts of documents. I obliged and then correspondance ceased from them, circa 2001. To date  I have had no correspondance from Student Loans. I was made  redundant in 2009 and  reached 65 in 2012 , at which age the loan should have been cancelled. Now ,today, 12 years on retirement and 11 ( at least years after last contact) I get a letter with veiled threats. Do I , as I smell a scam a) ignore it and hope that Erudio will think that this phishing attempt has failed or b) respond with a statute barred letter or c) remind them of legal terms that loan should be cancelled 12 years ago or d) combination of b) +c)      
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    • hes not turning you away he is simply saying that you should stick to one channel of advice. he is perfectly happy with that channel being this forum, and he will help you   all he is saying, and I agree, is that you should stick to one help channel, not mix and match 3/4
    • As long as we are clear . Do the reading and post your letter of claim in draft form as requested and we can go from there.    
    • Hold on @BankFodder, that was a bit harsh. I spoke with the EVRi complaints Facebook group to begin with, a user on that group told me to send a letter but didn't give any specifics. Here at CAG, I was looking more for specific help as I've never raised such a claim before, and wanted to be sure that my claim was correct, which is why I've researched information with the other groups too, to be sure; but you seem to have assumed that I've made some form of contact with the other groups, such that I find your comments and tone to be very unfair. And I do know a thing or two about forums, that forum users are unpaid volunteers, I happen to be a Tableau Ambassador, and so perform a very similar role helping others in an unpaid capacity  
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Problems with MBNA - Deceased mothers credit card debt


muldy
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Hi CaggersPls accept apologies if i have posted this in the wrong thread...Need some advice/pick someones brain or both !!I am currently sorting out the last of my mums debts after she passed away in December 2012.(I am one of 3 executors)I have successfully had all her other debts written off except one....guess who??Yes...MBNA.They are sticking their heels in...and I have already written to them twice to advs that there arent any funds/monies available in any of her accounts. I have also supplied a copy of her last bank statement to prove this.I sent exactly the same letter to all debtors and they are the only one kicking up a a fuss...I have now had another letter saying they would accept xxx amount times xxx payments....I have read up on the web about how to deal with o/s debts relating to deceased persons and as I understand it the creditors (including CC companies) cant ask the deceased persons immediate relatives for monies to personally pay off the debts...Can someone tell me if this is correct or not?? The info on the web says that we arent personally liable. Also please note that Barclays very promplty WROTE OFF my mums debt with them without so much as a "can we have proof??" and that debt was in excess of £6000 !!So we were pleased with that outcomeI am also v tempted to ask MBNA to prove the debt is owed as they have started beiing difficult. They didnt even reply to my statement that we werent liable to pay her debt.Answers on a postcard pls !!Having read with disgust how bad MBNA and the way they treat customers whether exisiting or not it doesnt surprise me in the least....

Edited by muldy
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bugger all they can do

 

shes dead

gone

 

debt goes with her if there is no money in her assets/estate.

 

suggest you tell mbna this one last time

 

and forget about them

 

there cant exactly take her to court!!

 

send them the address of the graveyard too

just incase they are that stupid!!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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If theres no money left after paying for the funeral, any secure creditors and priority debts (gas, elec etc), its tough they have no legal choice but to write it off. Send them a letter of complaint, they have 8 weeks to respond. After this time complain to FOS making sure youy ask for compensation for harassment. Companies like this depend on executors/relatives ignorance of the law to make them pay up. If they took this to court (which they wouldnt), they would be laughed at.

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In that case, once the house is sold you are obliged to pay this debt from the proceedings. Its possible theyv'e carried out a Land Registry search and realised that there entitled to a share (as long as theres equity in the house. If theres not enough equity, you will not be liable for the shortfall). Im suprised that the other credit card companies have written off the debts. If you have not advised them of the property, as an executor, if they find out, you could be in big trouble for not fullfilling your dutities as an executor. All debtors are entitled to payment if theres enough money in the estate. This would be considered to be fraudulent.

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There is an 'estate' with assets so the debt must be paid from the sale of the assets.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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As for the other debts that have been written off presumably on the understanding there is no money in the estate, I would seriously think about admitting your mistake. If you distribute the proceeds of the sale to the beneficiaries and they found out, it is the executors who will be liable for the debts. You could also finish up in court for the criminal offence of fraud. Unless of course you told them about the house and they still agreed to write the debt off, which I find highly unlikely.

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