Received Statutory Demand From Redwoods Collections

[thepalace1]

I have today received a Statutory Demand for a debt totaling just over £3,800, which comprises

original debt + £399.00 debt recovery costs..

 

 

The original debt relates to a Funeral Service, the original creditor is the Funeral Directors, the stat demand is issued on behalf of them by Redwood Collections Ltd, Croydon.

 

Now I know I owe this debt, I buried my mother 18 months ago and buried my head in the sand with grieving and depression. So now it really has come to bite me in the ****.

 

Just before my mother passed, she was paying off the funeral of her second husband (not my father), I do believe the balance that was remaining on that when she died has also been put onto my debt, but would have to confirm that when I find all the paper work.

 

I am on Employment Support Allowance and receive around £60 p/w.

 

What can I do now? Does anyone have any advice? Thanks in advance.

 

If this is in the wrong place, then please accept my apologies and move.

 

 

thepalace1

Edited February 5, 2014 by thepalace1
additional information

[citizenB]

Have you made attempts to enter into a payment plan with the Funeral Directors?

 

Do you have assets eg, property?

 

Would you have been entitled to any government assistance to help towards funding your Mother's funeral ?

[thepalace1]

citizenB, thanks for your reply.

 

I have not called them yet, only received it hand delivered 30 minutes ago.

 

I have 2 assets in life, my car a 03 plate Renault worth £600, and a computer worth £200, I rent my house and am on benefits at the moment.

 

I would have been entitled at the time to apply for a Funeral Grant from the social fund, but as said after my mums death, I buried my head in the sand and never applied.

[citizenB]

Righto, well there is little point in them applying for your BR then (a stat demand is the preliminary steps).

 

I have alerted others on the site team on your behalf and I am sure they will be able to offer you some advice.

[citizenB]

You certainly need to establish what the amount claimed actually covers - if it is for anything other than your Mother's funeral costs then I would think you do can dispute the amount claimed. You are not responsible for debts incurred by your Mother.

[thepalace1]

Thanks citizenB, should I ask them for a breakdown of the debt, or just rely on my documents?

[citizenB]

Thanks citizenB, should I ask them for a breakdown of the debt, or just rely on my documents?

 

I think you need to contact the solicitors acting on behalf of the claimant and request a full breakdown of the claim.

 

I am just a little confused - is the claimant Redwood Collections ? If so, were you advised the Funeral Directors had assigned the debt to them ?

 

If not, I think that could be a reason to have the demand set aside. If the debt was not assigned then I think only the Funeral Director can issue the claim ?

[thepalace1]

I am just a little confused - is the claimant Redwood Collections ? If so, were you advised the Funeral Directors had assigned the debt to them ?

 

If not, I think that could be a reason to have the demand set aside. If the debt was not assigned then I think only the Funeral Director can issue the claim ?

 

 

Never received anything from the Funeral director saying they were going to assign the debt or had assigned the debt.

 

Looking at the SD again, It says

 

This demand is served on you by the creditor:

Name: FUNERAL DIRECTORS NAME

Address: THEIR ADDRESS

 

but in Part B, The individual or individuals to whom any communications regarding this demand may be addressed is /

Redwood Collections Ltd, Airport House, Purley Way, Croydon, Surrey, CR0 0XZ

[mjt2013]

It's not been assigned then, the funeral directors still own the debt but they've instructed Redwood to chase it.

[thepalace1]

It's not been assigned then, the funeral directors still own the debt but they've instructed Redwood to chase it.

 

So would I write directly to funeral director or Redwood, to ask for breakdown?

 

I must add for clarity though, that all though the account at the funeral directors is in my sole name, My sister is 50% liable for this debt, she has confirmed she will pay half, but unfortunately she is in as bad a financial situation as I am.

[mjt2013]

The individual or individuals to whom any communications regarding this demand may be addressed is /

Redwood Collections Ltd, Airport House, Purley Way, Croydon, Surrey, CR0 0XZ

 

Why is your sister liable for half? Just saying so out of a sense of duty will not change the legal position, is there any legal basis for her liability?

[citizenB]

I would send your request for information regarding the outstanding balance to both the Funeral Director and Redwood Collections. Just print out one letter and then take a copy.

 

Do please obtain at the very least a free proof of posting when you mail the letters - if you can afford it, send at least one of them by recorded delivery.

 

When did the demand actually come into your hands ? You have 18 days from the date of receiving it to make an application to have it set aside.

[mikeymack2002]

ok Who is executor? all debts must go to them and be paid out of the late estate, if there is no money in the estate then the debt cannot be enforced, the debt was in the name of your late mother (rest her soul) then the creditors can only sue if there is any monies left from the estate.

 

 

They can not make you pay for that debt, but if there was money left over, then they can TRY, to enforce, was there a current signed will please? if not then things get sticky. Under the Wills Act 1837 many times this Act has been repealed so look up the latest one which is I think 1963 the estate should of had an Executor if not then it would have gone to Probate, all debts should be paid first, then the remaining monies and chattels divided up as per Will request.

 

 

Wills should have this clause included to make things legal and smooth, the creditors will try all they can to suggest you pay this debt in legal jargon YOU are not responsible for it, this is something the Executor should have sorted out, was this you or another family member?

4. ADMISITRATION OF THE ESTATE

 

All the assets that I can dispose of by this will are my Estate. My executors may sell all or any of the assets in my Estate as they consider appropriate. From my estate they must pay

 

(a) All of my debts;

 

(b) All gifts and testamentary expense’s; and

 

© All the gifts in this will.

I hope this helps, but if the will was not correctly written up you may have small issues at a later date,

MM

[thepalace1]

Why is your sister liable for half? Just saying so out of a sense of duty will not change the legal position, is there any legal basis for her liability?

 

Hi mjt2013 and thanks:

 

She is not liable in any legal standing, just morally I suppose, My parents only had me and my sister, we remain close, when my mother passed away it was our responsibility, we didn't even have to speak about the funeral expenses, we both presumed and presumed correctly that we both would pay 50/50, something that even up to this afternoon she confirmed she will pay half of everything. It was just myself who was the lead contact with funeral director, It was myself who signed forms and ultimately gave instructions, so that's why the debts are in my name.

 

 

 

Hi and thanks for replying mikeymack2002:

 

ok Who is executor? all debts must go to them and be paid out of the late estate, if there is no money in the estate then the debt cannot be enforced, the debt was in the name of your late mother (rest her soul) then the creditors can only sue if there is any monies left from the estate.

 

 

They can not make you pay for that debt, but if there was money left over, then they can TRY, to enforce, was there a current signed will please? if not then things get sticky. Under the Wills Act 1837 many times this Act has been repealed so look up the latest one which is I think 1963 the estate should of had an Executor if not then it would have gone to Probate, all debts should be paid first, then the remaining monies and chattels divided up as per Will request.

 

 

Wills should have this clause included to make things legal and smooth, the creditors will try all they can to suggest you pay this debt in legal jargon YOU are not responsible for it, this is something the Executor should have sorted out, was this you or another family member?

4. ADMISITRATION OF THE ESTATE

 

All the assets that I can dispose of by this will are my Estate. My executors may sell all or any of the assets in my Estate as they consider appropriate. From my estate they must pay

 

(a) All of my debts;

 

(b) All gifts and testamentary expense’s; and

 

© All the gifts in this will.

I hope this helps, but if the will was not correctly written up you may have small issues at a later date,

MM

 

 

 

My mother died intestate, she had no assets as such (normal household items, which i suppose if sold would not raise much), she also passed away without any debt apart from £87.00 remaining to the same funeral directors for her husbands funeral 12 months earlier, which I believe has been added to the debt in my name.

 

As stated she left no will, neither myself nor my sister ever applied for any grants of probate or anything. We register the death, instructed the funeral directors etc etc. All her houshold utilities were up to date, she had an annuity which paid £20.88 weekly for the rest of her life from my dads pension (he passed away 1998 aged 45) but that annuity passed away with her.

 

So with this little bit of updated information, where does that lie in relation to your information regarding the estate?

 

And thanks again mikeymack2002

 

 

thepalace1

[mikeymack2002]

You will need to speak to a probate advisor on this, as things are complicated, If you or your sister have not done so yet, it will be the best advise to do so, not only will this give you a break it will take a lot off of your plate, you will need to close all service accounts, clear any bills, close utility bills down, or change them to whom ever is running the household now.

 

 

What you really need to do is check all paper work and make sure all is in order. You will need some certified copies of the death certificate to send off to anyone that needs to know, sometimes when you fell its never ending it will get easier in time. All I can say is if you feel like its too much step back a while, breathe then start again.

 

 

I know it may seem wrong ready all that is private but to save agro in the long run double check any other debts that may still be out there, explain the situation, eventually it will all get sorted. Don't forget to check all the missing bank account registers, as she may of had some accounts that got forgotten, it happens and that will go to the estate.

Also so you will only have a very small window in which to deal with the SD, you can always apply for a stay, especially under the circumstances.

 

 

MM

[AndyOrch]

You cant stay a Statuary Demand only set a side one.

 

Andy

[thepalace1]

Thanks MM, everything like that has been dealt with almost 2 years ago now (I forgot to mention my mum died July 2012) everything is accounted for/dealt with except the funeral debt.....

 

To Andyorch, thanks for looking in on the thread...

[mikeymack2002]

more of the story lol..

Andy that's what I meant but couldn't think of the right word

 

 

MM

[thepalace1]

I sent a letter to both Funeral Directors and Redwood Collections, Redwood called me and stated they will not be issuing me a breakdown because I should already have had one, I insisted I believe there are other debts that are not mine on it but he was not interested.

[mikeymack2002]

You could perhaps pay the £2-00 fee to the Credit Reference Agencies and get her full report, this way it will show if their are indeed any further debts, who owns them.

 

 

You will probably need to send off a Certified copy of the death certificate, then once you get all the reports you can come back to update this thread.

 

 

MM

[citizenB]

I sent a letter to both Funeral Directors and Redwood Collections, Redwood called me and stated they will not be issuing me a breakdown because I should already have had one, I insisted I believe there are other debts that are not mine on it but he was not interested.

 

Have you made your application to set aside the Stat Demand yet ? You should include their refusal to provide a breakdown of the account.