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lolo1

Link Financial chasing deceased parent debt at my address

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Thanks Andyorch- I appreciate your help.

 

Please don't be so cross ( this stuff is really stressful and confusing to a person with absolutely no experience of this kind of stuff.

 

There is money to pay them now in the estate because I have managed to get 'some debt written off' when there was no executor and the debt exceeded the monies he was due. It was a DCA that wrote off a huge chunk under these circumstances (just listed) and I do hope that means the original creditor won't use another DCA to then chase it. 

 

Back to my original issue with stink

- I have assumed it was statute barred (2006 mbna card) and no assignment until 2014 but I do not know for sure if there was any payment and contact 5 years before that- 2009-14. Hence the panic.

 

IF I get this wrong and distribute the monies to the beneficiaries

- my brother and myself and then Link prove that it wasn't statute barred when they purchased it

- I have to find that 5k for them....that would be a disaster and impossible for me as a single mum.

 

So please be patient and kind, it's a very crucial and scary time of which I need help.

 

Some of this is not clear-cut as it might be if it were my own debt and my own knowledge of what I had received in communications etc.

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Im not cross at all lolo...but sometime particularly when you are dealing with such matters like this......less is always more..the more you escalate the deeper the hole gets and you cant get out of it.

There are only two things for you to do....send the statute barred letter to link..its for them to prove its not and that Dad made payments to them and acknowledged the debt.

If they can prove it and they write to you with evidence in your name as executor...you then send them a section 78 request ( CCA).

Until a court claim is issued in your name as executor....forget all about this.

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Radio silence time

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Thank you. Will do that.

 

Have just looked again at the letter I sent to the other DCA before they wrote off the debt (closed their file) and I haven't told any porkies or misled them so I can't get in trouble with that one either.

 

I did send a SB letter to stink in Dec (registered) and they ignored it then wrote directly to my deceased dad again.

I'll sit and wait and see what they do.

 

I'll also not touch any estate monies until this is resolved or I'll find myself perhaps in debt myself for not carrying out my duties properly.

 

Thank you for your patience.

 

IF they have written to my dad after 2009 (within the 5 years), can it be 'any' letter or does he have to had acknowledged it?

If there is a link to this answer, please do direct me so that you don't have to answer that one.

 

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Send the Scottish sb letter in his name from wherever he left the earth.

you should never have written or replied in the first place.

for future readers..TAKE NOTE!!

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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

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" IF they have written to my dad after 2009 (within the 5 years), can it be 'any' letter or does he have to had acknowledged it? "  :confused:

 

Its the other way round...your Dad had to write to them to acknowledge...its irrelevant what the DCA writes


We could do with some help from you.

 

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I thought / believed that too re: he had to acknowledge/write but what is deeply concerning is that an FO has stated that all they need to do is 'show they have communicated with him.' OMG 

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I'll request the CA if and when they prove it's not statute barred:) FO said 'they have sent him one (a CA) and it "looks like it's right but it's the reconstituted one, which they are allowed and will stand in a court." "They will not necessarily have the original" he quoted. !!!! 

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Only the holder of the agreement can request a copy using section 77/78...until they write to you in your name as executor of the estate of the late xxxxxxx

they are not at liberty to comply


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   

 

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Posted (edited)

Please could you post me in the right direction for your excellent Scottish SB request again. I will print and send recorded this week. I've been getting panic attacks from it- it's a disgrace and not what you want when your beloved dad dies and you are trying to work at the same time :(

 

Edited by lolo1

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On second thoughts I wouldn't bother sending the SB notice.....its making the hole a little deeper and you are in away bowing to them as some kind of creditor.


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

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ok- won't send. I'll await and see what the FO gets back- they have already submitted comms to ask for evidence of SB.

 

If it comes back as 'this is our evidence'- if possible can I come back and ask you if what they provide is 'evidence'?

I will then close my comms with the FO.

Bit late to do that now so will wait. 

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please read carefully what people say,  you dont ahve to provide any evidence and they will lie to you to get some money that isnt due just to recover what they have wasted so far on a wild goose chase.

 

You cant resolve this by being reasonable and as already said, continuing to write to them makes them think you belive they have somehting to say when they dont.

Ignore them and then if they write again ignore them some more.  They will soon run out of steam and in the meanwhile there is another clock ticking away and that will kil stuff them.

just dont do anything or say anything and you wont get it wrong

 

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Thanks everyone.

 

As the executor (now I am), I'm not allowed to ignore any person/company who alleges their is debt owed to them.

 

What I am to do is of course investigate it.

So that is of course what I am doing.

 

I have asked for evidence that it is not statute barred.

I will then need to ensure that the evidence ifs 'correct' and 'authentic' of course.

I might need some help with that as you are all so experienced in this.

Unlike me.

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What do you mean you are not allowed to ignore them?

You have put the cart before the horse and throughout appear to be looking for reasons to fail rather than just accepting the advice.

 

They will not give you proof the debt is active, they dont have to.

If the debt IS SB it is still a debt ( assuming they can prove that) but just cannot be enforced which entitles you to not consider it when doing your duty as executor.

 

Now stop corresponding with them and the debt will die in 6 months anyway, even if they had a valid claim.

 

Dragging this out by your need for reassurance is only prolonging the inevitable, they aren't getting anything  because it isn't legally due to them.

 

you should have just told them it is SB and let them squeal or show proper evidence it isnt

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the debt will not still exist after SB, this was taken out in Scotland ...the debt here is extinguished after 5yrs. does not 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

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