Funeral expenses debt

[Stand Sure]

Hello all I have joined this site to ask for some serious advice, as I can't find a strait forward answer anywhere and not so trusting of Youtube video's, without meaning to discredit the knowledge obtainable and to be disrespectful, I'm just an anallytical kind of person.

 

My case is one which has caused me a lot of suffering my father passed away back in 2015, I rang around to find the cheapest funeral option for myself to take out (sounds bad I know, money is tight) I contacted one director who gave me a price of £3100.00, who then dropped it down to £2900.00.

 

Just under half was paid of via a funeral grant with the social fund, I'm now left owing £1500.00.

 

My issue is I asked the funeral director to allow me to do a speech, at least 6 times when I met him, he said this would be fine and then we chose the music and so forth, I left then on the day of the funeral he skipped my chance to speak and left it as a silent memorial with just music playing.

 

I should have said something then but I wasn't in the best frame of minds at the time. No longer than 10 minutes after my father was lowered for cremation the director stopped me and told me not to forget about arranging the Funeral grant and not to forget paying, I was in a state of shock at this point and just nodded, then went of to the wake.

 

I got home a couple days later, as I live roughly 200 miles away from where my father was, I had sold my fathers van on to help with the cost of the funeral, however at this time my family hit another crisis, My "Father in law" turned out to be a paedophile and was convicted as such.

 

Myself and wife are guardians over a little girl who at the time was going to a local school, she got abuse from other kids and we all got the looks and so forth from parents, there were others also connected in this Paedophile ring that had been uncovered so we had to move ASAP for our own protection, meaning I had to use that money from the van to pay, I also couldn't inform anyone even creditors at the time of an address change while investigations were ongoing.

 

roughly 2 months passed and the funeral grant came through it was paid directly to the director. I then received an updated bill of £1500.00.

 

I also had a breakdown at this point and was diagnosed with PTSD, Comorbid depression with secondary agoraphobia, my wife was also diagnosed with cyclothymic disorder, we completely forgot about the Funeral debt.

 

2016 two days before good friday I received a phone call from the funeral directors, he sounded quite irate wasn't abusive but the tone said it all, at this point I still felt under threat and wouldn't disclose my situation to him and his tone triggered myself into a Hypervigilant state, I was blunt and cold with him and said that I was in no position to make any payment in large towards the cost, I said I could only manage £20 per month as I was on benefits, he said this wasn't going to be good enough and that it would only be a drop in the pond.

 

He then enquired about van and said he could take that as a down payment if I wanted to use it in that way, I said the van hadn't been sold yet and would get back to him on that front, keeping in mind I wasn't in the right frame of mind and began to disassociate I recognised my mind was slipping and hung up.

 

2017 Feb/March time, I had a phone call received from Final Demand Ltd stating that they had been contacted by their client as a last step before seeking CCJ, after explaining my position to them and emailing them my Diagnosis letter from the Psychiatrist, my letter from the Mental health team stating I was on the waiting list for Trauma Based Individual Cognitive Behavioural Therapy, a copy of the Newspaper story referring to the Paedophile case and the reasoning as to why we moved, we agreed that £20.00 a month would be acceptable.

 

I also made them aware that I may not always be in a good state of mind when they contact so to be wary of my situation and apologised in advance and gave them permission to share what I had with them to the Funeral Director so they to could be updated to my situation.

 

I paid the £20.00 a couple weeks later, and then made a phone call to their office on two separate numbers no answer one line was just dead. I tried multiple times on different days and nothing, so I sent them an Email asking for confirmation of their business or otherwise I wouldn't continue to pay them £20.00 every month.

 

Still nothing I checked their business status with HMRC online using their registration number and it shows as active, I also checked their bank account details with my bank and the account was showing up as active and open still.

 

I haven't paid anything since April, I now don't know what to do here, I don't know if to expect Bailiffs or a CCJ or to just wait it out and see what happens, considering I made offers to pay and I weren't satified with the Funeral would I have a leg to stand on in court if it came to that ?

 

And would I get the opportunity to defend myself against a CCJ ?

 

First time posting I apologise If I have made any mistakes or posted in the complete wrong section.

 

Thanks in adavance for any help and advice recieved, and Kind regaurds all.

[unclebulgaria67]

Write to the Funeral Directors by recorded delivery, just simply saying that you agreed an arrangement with Final Demand Ltd to pay £20 a month towards an outstanding account, but that Final Demand do not seem to still be operating. Ask them to find out what is going on and to write back to you with details.

[Stand Sure]

That seems fair, Daunting as hell mind but fair, I don't think they hold my current address, I did update the debt company though

[dx100uk]

well from now on you IGNORE TOTALLY the powerless DCA

they are NOT BAILIIFFS

everything in writing ONLY

do not phone.

 

 

dx

[Stand Sure]

I will be writing to them on monday stating what went on with Final Demand Ltd, and then providing them with an Email address that they can respond to I don't feel comfortable with just handing over my address if they haven't got it already, I've changed my number too.

 

Thank you DX

[dx100uk]

just be careful if they haven't got your correct address as they could quite legally get a backdoor CCJ against your old one.

 

 

pers i'd be writing to them and getting proof of posting from the post office counter to to prove postage.

 

 

don't waffle too much either.

simple letter. brief update.

 

 

dx

[unclebulgaria67]

I will be writing to them on monday stating what went on with Final Demand Ltd, and then providing them with an Email address that they can respond to I don't feel comfortable with just handing over my address if they haven't got it already, I've changed my number too.

 

Thank you DX

 

Agree with dx. Don't try to hide. The funeral directors will get a CCJ using your last known address. They may then elevate it to High Court enforcement who will add large fees, making it more like £2500, rather than the current £1500. High Court agents with a writ can seize your goods e.g car on your driveway, to cover the debt.

 

By writing to the funeral directors, it should stop this happening and you can then continue paying the £20 a month previously agreed.

[Stand Sure]

Will do and Thank you

[Stand Sure]

The trouble is there is no guarantee that the Funeral Directors would now accept £20.00 per month as they dismissed it it in the past, that is my worry because I was told they could go for a CCJ if they didn't see my offer as acceptable.

 

If they did go for a CCJ would I have a chance to defend myself or is it just automatically applied ?

[unclebulgaria67]

They would apply to your last known address and if you did not receive the claim could not defend, so would get a CCJ bt default. The first thing you might know about it is a 6am loud knock on the door demanding money.

 

Final Demand acting as agents of the funeral directors presumably with their authority accepted £20 a month based on your circumstances.

 

The funeral directors cannot really refuse to accept the £20 payments.

 

If it went to court and you were paying £20 a month, any Judge is likely to say that this was already agreed. They might look at a new circumstances, but if your finances have not changed it is unlikely to change.

 

Write to the funeral directors is the best way forward, so no sneeky court claim to your old address.

[Stand Sure]

Aye I'm definitely writing to them tomorrow, stating that I will pay £20.00 per month and ask for a account to pay into regardless of whether or not they accept this I'll still make the payments and highlight them on my Bank statement too, that way I'm paying what I can and that must look good in the eyes of a judge at least.

[jellycubes]

Hello Stand

 

Remember to keep a copy of anything you write to them. Writing your offer shows that you are willing to address the debt at an affordable rate. If the funeral director still wishes to take it to court you will be made to pay no more and you will have a chance to go to mediation prior so you can offer this amount via the mediation team.

 

You will get through this and well done for facing up to this difficult process. It must be an emotional reminder that you can well do without and once it is sorted you will be able to let this stress go

 

JCx

[Stand Sure]

Hello Stand

 

Remember to keep a copy of anything you write to them. Writing your offer shows that you are willing to address the debt at an affordable rate. If the funeral director still wishes to take it to court you will be made to pay no more and you will have a chance to go to mediation prior so you can offer this amount via the mediation team.

 

You will get through this and well done for facing up to this difficult process. It must be an emotional reminder that you can well do without and once it is sorted you will be able to let this stress go

 

JCx

 

Aye all copies are stored, they're written on the PC then Saved away, this would be the 3rd attempt at settling this debt since 2015, so hopefully this is the last, but seeing as he turned down my offer last time I'm not too optimistic this time.

 

The chance to mediate would be good, awkward as I live over 200 miles away but at least all views are aired and heard officially.

 

It is highly emotional I'm only just about to start counselling on Thursday for PTSD so its a tough time, but I'd rather not wait for bailiffs for my sake and theirs.

[unclebulgaria67]

Aye all copies are stored, they're written on the PC then Saved away, this would be the 3rd attempt at settling this debt since 2015, so hopefully this is the last, but seeing as he turned down my offer last time I'm not too optimistic this time.

 

The chance to mediate would be good, awkward as I live over 200 miles away but at least all views are aired and heard officially.

 

It is highly emotional I'm only just about to start counselling on Thursday for PTSD so its a tough time, but I'd rather not wait for bailiffs for my sake and theirs.

 

Mediation is done by all parties on the phone by a company that tries to avoid it going further in court. They just go back and forward talking to each party.

 

Just sort out re-starting payjng the £20 a month.