Sold onCCJ debt with gpb - debtor just died

[Luckysqueak]

Hi

 

New here so excuse me if I don't quite post fully.

 

Many years ago my mum had a loan from Barclay that became a CCJ. She never paid and it sat dormant until 2007/8 when she tried to get credit and it reared it's head.

 

The debt has been sold on and a originally an agreement to pay 25 and then 50 a month was set up..since then the debt has been sold on a number of times. The final DCA was GPB and an agreement of £50 was carried forward.

 

In October my mum became ill and this debt was on her mind, she considered trying to get a single pay off. When I looked into this I found that the solicitors had been suspended and no payments had been taken for a couple of months.

 

Due to the fact my mum was terminally ill and we had other things to think about we decided to wait to see what happened...nothing has but on 7th July my mum died.

 

My husband and I are executors and responsible for her estate. Her estate obviously includes this debt. Although we are just applying for probate we are aware we couldn't "distribute" to my father without making provision for this debt.

 

I think it is approimately £5k but I have not been involved for a little while and and have no paperwork from gpb and no idea how to find the exact amount or if it is even payable.

 

The debt was my mother's and not joint.

 

Her isa would cover it if necessary but not a funeral as well.

[dpick]

Hi the experts will be along this is just to say that the funeral is the first debt that has to be paid other creditors can then be paid if there is any money left if there is not then they can just go hang.

 

 

dpick

[dx100uk]

urm if the CCJ 'debt' was sold several times I smell a cash cow account.

 

as the execs you 'could' send a CCA request to whom you last 'paid'

 

ok theres a ccj involved

 

but I bet gpb knew nothing about it.

 

i'd be sending an sar to BC too

get all the statements

 

did she ever get an annual statement from whomever she paid over all these years

[Luckysqueak]

Urm if the CCJ 'debt' was sold several times I smell a cash cow account. What's a cash cow account? She had no real money and was paying enough to satisfy them...I lost track of dcas

 

as the execs you 'could' send a CCA request to whom you last 'paid' the last paid was gpb. Now suspended

 

I am not sure she had a credit agreement they just kept ringing her up

ok theres a ccj involved

 

but I bet gpb knew nothing about it. About the old ccj?

 

i'd be sending an sar to BC too

get all the statements

 

did she ever get an annual statement from whomever she paid over all these years

[Luckysqueak]

Sorry on phone and didn't let me post properly.

[dx100uk]

cash cow means she is [sri was] paying for something that p'haps does not really need to be paid.

 

ok there was a ccj involved

so its been through court

and been judged.

 

that doesn't mean to say the debt was not vastly inflated with say PPI and PENALTY charges

which could/can be reclaimed even now you the exec]

 

who got the CCJ might throw light on this.

 

I would suspect it was a debt buyer not the original creditor.

 

and that if it was a dca, then them when they got the 'reduced figure they bought the debt for'

 

out of the debtor, they sold it on. to wipe their hands of the dirty deal.

 

I would also guess she knew nothing about the ccj or did not contest it?

 

that sar will be revealing.

 

dx

[BankFodder]

You seem to be saying that the CCJ was obtained before 2007. If that is correct then it is older than 6 years and will be unenforceable. Please let us have all dates.

[Luckysqueak]

The debt was from a barclays loan approx 6.

 

I dealt with the court in about 2007 when everything came live again.

 

I don't have paperwork now but have a trail of companies it has passed to.

 

The lady at court told me it was about a year off being written off which would suggest the ccj was 2002 ish.

 

I didn't know if once back on the market so to speak whether another 6 years had to elapse

or whether they were selling on a non enforceable debt.

In hindsight I should have kept a closer eye on it.

[Luckysqueak]

She didn't contest ccj and at that time I wasn't involved in her financial affairs. She failed to pay original barclays loan but buried head in the sand at the time.i got involved when debt collectors started to bully an elderly lady.

[Luckysqueak]

I hadn't considered ppi. ..Blimey where do I start..

[BRIGADIER2JCS]

She didn't contest ccj and at that time I wasn't involved in her financial affairs. She failed to pay original barclays loan but buried head in the sand at the time.i got involved when debt collectors started to bully an elderly lady.

Maybe a good idea for you and your husband to get your late mums credit reference files, there may be some detail there.

But even if there is nothing relevant it will indicate that more than 6 years has indeed passed since the CCJ was handed down.

[Luckysqueak]

Can I get credit reference files online or do I have to write?

[dx100uk]

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[dx100uk]

noddle is free

the other ensure you cancel by day 30

 

dx

[Luckysqueak]

OK. ...just took a peek. No ccjs or bankruptcies filed. OK credit rating. Could apply for credit. Last time she applied the ccj was under 6 years old.

[Luckysqueak]

if the debt is no longer a ccj but it was last collected sept 13 when gpb were suspended

 

..can anyone else try to collect the debt now she is deceased.

 

How do I find out what she actually owes.

 

 

Need to consider ppi too, good call.

[dx100uk]

IMHO if this were me in this situation

[and I've been there twice with very old CCJ's on 2 people sadly departed.....

 

I would totally ignore the debt.

 

I did

 

there was the odd letter from the usual candidates you'll see named here.

they too got ignored

these were again for CCJ's from the 90's

the debt was sold on many times

the people involved never ever questioned them being handed around the usual fleecers

"here you have some, this muppet is coughing nicely"

 

as a very last belt 'n' braces

 

check the land registry for the house.

 

though I would suspect if there was a CO

you'd already know about it

 

dx

[BRIGADIER2JCS]

IMHO if this were me in this situation

[and I've been there twice with very old CCJ's on 2 people sadly departed.....

 

I would totally ignore the debt.

 

I did

 

there was the odd letter from the usual candidates you'll see named here.

they too got ignored

these were again for CCJ's from the 90's

the debt was sold on many times

the people involved never ever questioned them being handed around the usual fleecers

"here you have some, this muppet is coughing nicely"

 

as a very last belt 'n' braces

 

check the land registry for the house.

 

though I would suspect if there was a CO

you'd already know about it

 

dx

I agree

Also if there is insufficient residual value in the estate nothing can be paid anyway.

[Luckysqueak]

my dad passed on a letter from Cabot Financial making no reference to the fact my mum has died but advising they are dealing with the debt.

 

Is it time to ask for the credit agreement?

[dx100uk]

send them a short letter informing them the person they

have purchased the debt about deceased on .

 

please remove all ref to the debt from your debtor databases list

 

dx

[Luckysqueak]

Thanks

[rameses_qc]

Exactly. In Law, reasonable funeral expenses are priority. All other debts must be paid from the remaining estate. If there is none, then they don't get paid. NO-ONE else is personally responsible for the sole debt of a deceased person, whatever these lying toerags tell you. Executors are NOT personally responsible for debts accrued by the deceased; neither is a surviving spouse.