HP on Deceased persons Vehicle - BH say widow must pay it?

[alexmoore90]

Hi,

 

My dad recently passed away to cancer, only last year he bought a Kawasaki Ninja ZX-10R Motorbike from a main dealer brand new on finance via Black Horse.

 

The bike was only ridden twice before my dad fell ill and has been under cover ever since,

my mum has recently contacted Black horse, they have sent her a letter giving her options:

 

 

1. Pay the settlement figure of £12,003
   
2. Voluntarily surrender the vehicle to them and if any moneys in outstanding after the sale they will make an application to his estate.
   
3. Continue with the monthly payments
   

My mum has already signed and returned the from stating she will Surrender the vehicle to them.

I am looking for any advice on where she stands legally with this,

theoretically speaking they could sell the bike at auction for lets say £4,000

and then she would be liable for a balance of £8,000?

 

Is this correct??

 

I am quite concerned that mum has felt pressured by them and not thought about the possible consequences.

 

Could anyone offer some advice?

 

Would be greatly appreciated.

 

 

Many thanks!

[citizenB]

I dont think you Mother is responsible for your father's debts ? Did your father leave any money ?

 

I will try and find someone who has more knowledge in this area for you.

[sequenci]

Hello there,

 

I'm very sorry to learn about your loss.

 

You mother is *NOT* directly liable for any money owing under the contract. If there is a shortfall they could try and recover the money from any estate that your dad left.

 

Here is a useful fact sheet: http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=21_what_to_do_about_debt_when_someone_dies

 

If you have any further queries or concerns, you're welcome to contact me anytime you need.

 

Seq.

[dx100uk]

i'd also look at cancelling that agreement to VS

 

if she is handling his affairs

 

she should VT not VS

 

that way only 50% of the total will poss need to be paid.

 

tyical of BH sadly

 

they always think of themselves rather than the customer

[alexmoore90]

Yeah I've read a lot and I think she would have been much better to VT rather than VS.

 

She has already signed to say she would VS though, is there any legal grounds to cancel that?

 

Thanks

 

 

 

 

 

i'd also look at cancelling that agreement to VS

 

if she is handling his affairs

 

she should VT not VS

 

that way only 50% of the total will poss need to be paid.

 

tyical of BH sadly

 

they always think of themselves rather than the customer

[dx100uk]

going what seq posted and comment elsewhere

 

we don't even think that will stick.

 

they cant do either and are out of order sending anything like that

 

as they know

they can only get money from the REMAINING estate.

 

have you a solicitor involved in the will side etc etc

 

and I assume shes a names executor?

 

dx

[sequenci]

Hello there,

 

I guess the important questions are

1) Is there an estate

2) Is there a property?

 

It's generally very difficult to implicate a property although not impossible. If you can answer those questions we can let you know exactly how to sort this.

 

Seq.

[alexmoore90]

Hi,

 

Thanks for your replies.

 

There was no property left, there was a small lump sum from a life insurance policy however the was bank loans etc that has needed to to be settled.

 

Do they have access to the life insurance money? Could they take it from that if there is a shortfall?

 

Thanks

 

 

 

Hello there,

 

I guess the important questions are

1) Is there an estate

2) Is there a property?

 

It's generally very difficult to implicate a property although not impossible. If you can answer those questions we can let you know exactly how to sort this.

 

Seq.