Problems with MBNA - Deceased mothers credit card debt

[muldy]

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 August 8, 2013 by muldy

[dx100uk]

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

[goodatresearch]

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.

[muldy]

There is a house to sell which is on the market...but that hasnt sold yet....

[goodatresearch]

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.

[BRIGADIER2JCS]

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

[goodatresearch]

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.