Jump to content
lolo1

Link Financial chasing deceased parent debt at my address

Recommended Posts

Please can someone help.

I have Link Financial writing to me about my deceased father owing them money.

They have been sent death certs already but have now addressed a statement to him at 'my house.'

The letter talks to him

- saying 'behind on payments.

They are lunatics.

They have had (and acknowledged x2 death certs).

I have written to them saying I believe that debt is statute barred and that my father has died.

They waited months with no communication and now this.

Shall I just return to sender?

Share this post


Link to post
Share on other sites

When my Father died last year, I found one letter from Link Financial saying she owed x amount.

I contacted them and said that she had died and that she had no monies.

There was seemingly lots of debt and there was no executor as no will and too much debt for anyone to take it on.

They asked for the death cert.

Tons of calls later, and speaking to many people over weeks, transpires this cowboy company lost one cert.

I paid for another and sent it and then they sent both back.

They asked for a list of all the creditors.

I sought advice and they said that Link wanted that list so they could join ranks etc and not obliged to give a list of anything.

Further research I found out that this particular debt was from 2006 and Link bought it in 2014.

That was over 6 years between.

I asked for proof it was owed (by letter 3 times) and no answer.

I wrote to ombudsman about their lack of communication and haven't had response yet from FOS

- apart from to say ombudsman will reply.

I wrote to link again to say 'it's statute barred' and don't expect to hear from you.

They wrote to the solicitor looking after my grandmother's affairs (she too passed away) who I had told them 'may' be holding a small amount of monies but they are not my Father's solicitor.

It was like they were hedging their bets hoping that someone would just pay this unproven debt. the solicitor replied with 'not acting on their behalf and don't know of the executor. This week after 2 months of nothing-

I have received a letter 'addressed to my Father' (who they know is deceased) at MY address, saying she owes this amount and please get in touch as debt shouldn't be ignored etc.

How can she reply if she's not alive?

It's as if they have just sent out a generic letter again.

What should I do?

There 'might' be a small amount of cash to pay however if it is statute barred then I don't think it needs to be paid.

Scotland is 5 years s barred where she lived.

Share this post


Link to post
Share on other sites

You shouldn't have contacted them, and have wasted too much time on these fleecers already. wait until the team come on and advise further


The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Share this post


Link to post
Share on other sites

thank you. I need advice on the statute barred element. I 'think' they bought a statute barred debt and have listed purchase date as 2014. However, surely the statute barred part is before that if my Father didn't acknowledge it nor pay it. They never answer that question and now mail him directly at my house- corrupt and wrong. My Father has never lived here!

Edited by Andyorch
Edited

Share this post


Link to post
Share on other sites

Okay with you I have made a few edits so this thread flows regarding your Fathers death.

 

With regards to link ignore and forget them....they cant write to your address for another person debt and they cant chase a deceased persons debt unless officially through the executor/administrator.

 

You have informed them and supplied the necessary documentation.

 

The debt is statute barred

 

Any further letters write across the front return to sender not known at this address.

 

I know its difficult and very insensitive but keep your cool and deal with this calmly and methodically.The debt died with your fathers passing...nothing they can do or get.

 

Andy

 

Thread title updated


We could do with some help from you.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

    Donate button something to the Consumer Action Group   

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

if the debt was taken out whilst he was resident in Scotland its extinguished. Dead gone parrot ..doesn't exist.


PLEASE DONT USE REPLY WITH QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI Read Here

3. Reclaim Bank Account, Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

Am I right in thinking that debt collectors can't force the next of kin to supply a death certificate, but they should be advised to apply, and pay for, a copy themselves?

Share this post


Link to post
Share on other sites

Its the Executors responsibility to inform and then provide a copy should it be requested.Telling them to apply and pay for their own copy wouldn't help and most probably antagonise the situation

 

Andy

 

CAGlink31.gif will be CLOSED due to a major upgradelink3.gif from 14:30PM Tuesday 26th 2019 for at least 48hrs and will be available in Read Only status during this process


We could do with some help from you.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

    Donate button something to the Consumer Action Group   

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Io;o1 has done more than was required, so any more hassling from Stink Financial should be ignored.


The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Share this post


Link to post
Share on other sites

I realise that it's the job of the Executors responibility to provide details of the death, it there is an executor and thus a will, but surely death certificates are a public record and a debt collector could obtain one if they needed to satisfy themselves that the person is indeed deceseased.

A next of kin, maybe when they're possibly greaving would, in my opinion, have discharged their duty by informing a debt collector of the death and maybe gone the extra mile by providing a copy of their certificate.

I was asked or an original or certified copy of death certificate of my father, that was when a lawyer advised me to tell them to obtain it themselves, which I assume they did, their approach to me was certainly antagonistic and verging on the bullying.

Share this post


Link to post
Share on other sites

Yes I appreciate your points.....but when you are going through this process its probably best to comply and simplify the process rather than you antagonise the process...that is if you feel the need to actually inform a DCA..my points are very much concerning an Original Creditor....on a live account.

 

I suppose it depends on whether the deceased was actually cooperating with a DCA and actually making payments...if not as I have stated ignore and as for posting letters to family address of the deceased then that should be reported the relevant regulated authorities.


We could do with some help from you.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

    Donate button something to the Consumer Action Group   

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

He had no agreement in place and paid nothing 'if it was even his debt' who knows!

If there is some money in the estate

- however small,

I am refusing to give it as  I said,

I believe they bought a statute barred debt.

The only thing I care about is whether they can sue me if I ignore them?

Share this post


Link to post
Share on other sites

Cant sue you its not your debt...its a pity you informed them of his death though...now they have your address and assume you are the executor.Still no monies no estate no payment and anyway statute barred.


We could do with some help from you.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

    Donate button something to the Consumer Action Group   

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

 

your real problem is you responded to them in the first place.....

they think you are a mug and one more threat will make you cave in.

A DCA  couldn't careless he is dead

a DCA couldn't careless its not your debt

a DCA couldn't careless the debt is statute barred

 

dx

 


PLEASE DONT USE REPLY WITH QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI Read Here

3. Reclaim Bank Account, Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

thank you Andyorch

- have sent you a private message

- hoping you have the answer.

 

Share this post


Link to post
Share on other sites
On 3/2/2019 at 10:33 AM, Old Cogger said:

make a formal complaint?   and if they continue then send evidence to the Financial regulator  read this:- may help:-  Harassment by creditors - Citizens Advice

I've already complained to the Ombudsman

that when asked direct questions:

Is the debt statute barred when you purchased it? They didn't answer but replied with something else they wanted.

This meant that they had deliberately not answered that question because they are snakes.

I also asked if they would be taking on the executor role and said that the debt wasn't even proven.

Ignored all points and instead waited months and wrote to my deceased father again.

Mental! Waiting to hear from ombudsman. re the first points.

Share this post


Link to post
Share on other sites

Whilst the incestuous world of DBSG'continue to rub each others ego's, (amongst other things!) let your local MP know about how corrupt and rotten to the core these clowns really are.

Also lodge complaints with the FCA, and hammer the Ombudsman when they ignore your complaint too.

  • Like 1

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

HOW DO I START A NEW THREAD?

 

 

 

Share this post


Link to post
Share on other sites

Are you the executor of the estate? If so carry on doing your job ad distribute the estate as per the terms of the will, there is no need to consider their demands becasue they have failed to follow the procedures (and that ignores their lack of any substance). Do not communicate with them as that only encourages them to continue to try it on.

i would also be tempted to report this to the consumer advice section of papers like the "Times" and the "Mail on Sunday" as it is jam on their bread and butter. However, you must let your complaint to the Ombudsman run its course first

Share this post


Link to post
Share on other sites

Thank you- there was no will, he died intestate.

No wife, just two children, myself and my brother.

Link have been by far the worst people to deal with in ALL ways.

They didn't even once offer condolences.

At least the other creditors always said 'sorry first.' 

They lost one death certificate and denied receiving it.

I bought another and they initially said that was lost.

THEN months later sent both back.

They then demanded a list of all creditors and one of the creditors said 'no, you do not have to tell them about us.'

They are outrageous.

Will ignore them.

They are not getting a penny!

Fingers crossed.

If they ever write it off, they probably won't tell me as they don't want you to know they can't chase you.

It's part of their control.

VERY immoral.

Share this post


Link to post
Share on other sites

its statute barred under Scottish law the debt does not even exist


PLEASE DONT USE REPLY WITH QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI Read Here

3. Reclaim Bank Account, Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites
4 hours ago, lolo1 said:

If they ever write it off, they probably won't tell me as they don't want you to know they can't chase you.

They will probably sell the debt on to Phillips & Cohen who specialise in "deceased account management". P&C have a pretty grubby reputation when it comes to collecting on these types of debts.


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

No... you can't eat my brain just yet. I need it a little while longer.

Share this post


Link to post
Share on other sites

what is the debt please...

original creditor

type of debt

 


PLEASE DONT USE REPLY WITH QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI Read Here

3. Reclaim Bank Account, Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

Ok is there an estate as such? ie property, stocks and shares, money in the bank and important collections or works of art?

Dont forget, people pay for their own funerals andif there is no cash after this then all the other stuff that you get in a normal house is not part of the estate, just effects or chattels and is discounted. That applies to cars as well (unless he had a collection of Ferraris) you can dispose of these as you see fit, rules of intestacy will leave anything under £325k to you and your sibling equally.

Now if there is money and other estate such as a house you need to consider settling any provable debt before you divide the rest of that up. these bandits so far havent proved ant debt and wont try to because they know their claims are duff. they have had an opportunity to do  what they need to do but ahve just harassed you instead and that is all they can do and hope that you are nice enough to go along with it.

Now the other thing is who notified the death to the registrar? that person is then responsible for the funeral costs of the estate cant meet the bill. Any creditor has no comeback against the executor ( or you acting in that capacity) but can go after the beneficiaries but of course without a will there is no record of who those people

Share this post


Link to post
Share on other sites
19 hours ago, Mr.P said:

They will probably sell the debt on to Phillips & Cohen who specialise in "deceased account management". P&C have a pretty grubby reputation when it comes to collecting on these types of debts.

well that will be interesting as P&C have already closed one HUGE debt after his death. They were the nicer ones tbh. 

Share this post


Link to post
Share on other sites
Please fill in your quit date here

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.


  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?




  • Tweets

  • Our picks

    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • I was talked into signing up with Future Comms (future-comms.co.uk) who cold-called me to change my mobile contract to them, via 02, rather than EE. I have a small business (only me!) and it's a business contract. True, the 4G network is better for my area. This company seemed to be a marketing set-up for various telecoms companies, so I assumed anything I signed would be with 02 and didn't think it might be a problem.
       
      They sent an email whilst I was on the phone to set up the direct debit mandate with my bank which I signed electronically. That was the first, of many, problems I found. Apparently THAT was my contract, binding me to 3 years and no 'cooling off' period, because I was a 'business' (meaning any consumer rights did not apply). When I subsequently asked in writing for a copy of my contract, that is what they sent - when I argued it was a DD mandate they insisted it was my contract!
       
      2 days later they asked for my phone details to get it unlocked which I sent. 10 days later, EE closed my account, so I changed the SIM card to 02 that had come a few days before. No network! They had done nothing about unlocking it. Fortunately I was lucky with EE who managed to give me the right codes, rather than the usual 10 days to go through Samsung.
       
      By this time I was suspicious of their set-up and wanted to cancel. As I said earlier, I found myself trapped into a 3 year contract with no 14 day cooling off period (they don't offer that). Promises to deal with my complaints never happened, promised return calls neither....and on and on.
       
      Ofcom's rules apply to consumers and small businesses (under 10 employees), yet this shower don't acknowledge that. They just repeat and repeat that I am a business so it doesn't apply. To cancel the contract I have to pay the full 3 year's fees!!
       
      I would like to know if others have had similar experiences? Or does anyone know how I can maybe declare the 'contract' unenforceable? I have never before been locked into something without a clear written contract, with t&c's! And, yes, I have asked, and yes, I have been ignored.
      • 84 replies
    • Future comms!. Read more at https://www.consumeractiongroup.co.uk/topic/415706-future-comms/
      • 10 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
×
×
  • Create New...