Link Financial chasing deceased parent MBNA debt at my address

[lolo1]

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?

[lolo1]

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.

[brassnecked]

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

[AndyOrch]

So you have 2 letters one to your Mum and Dad ?

[lolo1]

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!

[lolo1]

no I was worried they would identify me - it's actually my mum

[AndyOrch]

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

[dx100uk]

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

[theoldgit]

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?

[AndyOrch]

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

 

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

[brassnecked]

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

[theoldgit]

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.

[AndyOrch]

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.

[lolo1]

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?

[AndyOrch]

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.

[dx100uk]

 

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

 

[lolo1]

thank you Andyorch

- have sent you a private message

- hoping you have the answer.

 

[Old Cogger]

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

[lolo1]

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.

[Bazooka Boo]

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.

[ericsbrother]

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

[lolo1]

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.

[dx100uk]

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

[Mr.P]

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.

[dx100uk]

what is the debt please...

original creditor

type of debt