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Advice on death of partner


Shaza40
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Hi

 

I wondered if someone could advise.

 

 

My husband passed away in January unexpecedily.

He left behind his share of the house and nothing else (other than some debt).

 

 

Most of Wyeth debt has been written off by the bank and his other credit card company.

He had a capital one card and I informed them within a week after he passed to inform them of the situation.

They requested his death certificate, which I provided and sent a form regarding the estate.

 

 

I informed them he left nothing other than the house to me and

today I received a letter from them saying there was no ppi on the account

and they have sold it to lowells.

 

Now I have had dealings with Lowell a long long time ago and it was stressful to say the least.

My question (and sorry for rambling on) is

am I liable for my husbands debt?

I assumed they would write it off like his bank but clearly not.

I expect to hear from lowells shortly (they are always quick when they want money!!)

and wonder how I should approach them.

 

 

I work but money is obviously tight as its only my income.

 

Any advice would be appreciated.

 

Thanks.

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No, unless it was a joint debt then you are not responsible for it.

 

 

I will try and find someone who will be able to advise more fully.

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi

Firstly, I would write a Formal Complaint to Cap1. What they have done is disgraceful and should be brought to book.

 

Once Lowell write, one letter back telling them the situation and should they persist in chasing this non debt will result in further action by you for harassment, especially at such a sensitive time for you. Then ignore them. If they ring up either refuse to deal with them or record them.

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First of all, I am sorry for your loss :(

 

 

IMHO, I have no time or respect for Lowells (nor any other DCA.. but Lowells specifically). However, It does seem as though they are now getting their act together and will (sometimes) do the right thing.

 

 

Do you know when Capone sold the debt to Lowells ?

 

 

I have to say, if they requested a copy of hte Death certificate, and then sold the account on knowing the status of the account holder - I think that deserves a formal complaint to the Ombudsman.

 

 

If they had already sold the account prior to your contacting them, then there was no reason for them to have sight of the Certificate ?

 

 

If you have not been advised of the sale/assignment - then theoretically you are not aware that the account HAS been sold - so my immediate thought is that you need do nothing until Lowell makes contact.

 

 

Howeve, I will ask what others on the site team think is the best move.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thank you both. I knew nothing about lowells being involved and was surprised by the letter today. Capone requested the death certificate, which I sent, I had no idea nor had they informed me that they would sell the debt on when there was no estate.....not sure why they did? As far as I can make out, my husband only missed one maybe two payments (November/December) as he was very ill During these months.

 

I have to say, the more I think about it the more annoyed I get. I absolutely intend to complain to capital one about it but hadn't thought about the ombudsman......might well do this.

 

As it was solely in my husbands name and they have seen the death certificate, how could they sell it on why they knew he had passed? Surely lowells know this - what do they hope to gain?

 

Very upset and confused by the situation to be honest but appreciate your posts, thank you.

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You will need to make a formal complaint, in writing, to Capone's Head/Registered office.

 

 

Point out that you did the right thing by contacting them - provided a Death certificate at their request - only to then discover that they then promptly sold the account onwards. You would like to know if they have informed the new owners and provided htem with a copy of the Certificate. Or will you have to deal with a Debt Collection Agency as well ?

 

 

Tell them that you require an urgent response to your complaint that unless you hear from them within 14 days then you will be escalating your complaint to the Ombudsman.

 

 

You might also want to tell them that if you are subjected to any harassment from Lowells, then you will be making that a point of your complaint to the Ombudsman as well.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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simply return the letters to lowells

 

 

person deceased.

 

 

in this situation i'd love them to take him to court

 

 

if you want to play games as I did and have a laugh at their expense.

 

 

write back stating he no longer lives at this address

and would they like a forwarding address.?

 

 

when they reply,

give the address of the crem or graveyard as necessary.

 

 

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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