Intrum chasing my late wife's JDW CAT debt

[Biofuel]

Some advice please on how to handle this.

 

My wife passed away on the 7th June 2020

 

was going through her desk I found letters from Intrum about a debt she had accrued with JD Williams Ltd a catalogue shop to the tune of £2850.02.

I know nothing about this and I have never seen anything come from J D Williams Ltd.

 

today I had another letter from Intrum asking me to allow them to place a charging Order on the property.

I have no idea if a default notice has been sent or if a CCJ has been sort.

 

Should I send an Account in Dispute letter to Intrum?

Send a Subject Access Request Letter to J.D Williams Ltd

 

Any advice welcome please

 

Thank You

[honeybee13]

Hello and welcome to CAG. I'm very sorry to hear about your wife.

 

People will be along to advise later, please bear with us until they're able to get here.   They'll know what to do.

 

Best, HB

[dx100uk]

typical tactics for 1st credit now intrum

have you got her credit file?

if not go get it and see if they've sneaked in a backdoor CCJ.?

 

it could just be that they were after her and you signing a voluntary charge without going through a court claim.

 

nasty lot sadly.

dont do anything for the minute regarding them

lets get info 1st then we will attack or simply ignore them

 

dx

 

 

 

[brassnecked]

Sorry to hear about your wife. For clarity have you contacted them to say your wife has died or at all? If you haven't it might change the advice. DX and others will know more

[AndyOrch]

Check here first and see if they have judgment against your wife.

 

https://www.trustonline.org.uk/

 

Andy

[Biofuel]

Yes I have informed Intrum about her death and sent a copy of the death certificate.

[Will Goodfellow]

What type of joint ownership was the property, were you joint tenants or tenants in common?

Did you wife leave any capital in her estate?

 

Where you were joint tenants, the property passes to you and is not considered to be a part of your wife's estate.

 

Where there is capital or equity in her estate, the executor or administrator of her estate would usually need to settle this debt from any capital left after funeral costs.

 

If your wife did not leave an estate of any value, the debt is unenforceable, unless she also has other debts which amount to at least £5000 which haven't been paid.

[dx100uk]

so is this CCJ on her credit file?

[Biofuel]

My Wife and I purchased the property from the council and mortgage paid off

 

I cannot access her Credit File hence the phone call to Experian tomorrow

[dx100uk]

pop up on 

19 hours ago, Andyorch said:

Check here first and see if they have judgment against your wife.

 

https://www.trustonline.org.uk/

 

Andy

 

follow above.

 

use her name and address E&W costs £3

 

if the home was jointly owned and you are obv not part of a joint A/C with JDW then intrum are flying a kite without an existing CCJ in-place and like all her debts , can mostly be ignored , YOU personally are not responsible for settling them.

[Biofuel]

I have just checked Trustonline NO CCJ's listed.

 

I remembered checking my Creditkarma report and seeing a mistake on the Financial Associates It states that my wife has a Lloyd's Bank Account (Wrong) she has only had two accounts one with Barclays and one with HSBC.

 

[AndyOrch]

Excellent...and you have informed them of her death...safe to ignore.

 

Andy

[brassnecked]

Excellent no christmas bonus for Intrum. Nothing they can really do.

[Biofuel]

Thank You for the replies. Seems for now I can forget Intrum.

 

But I still want to get some information from JDW to see if the debt was my wife's, so I will Send a SAR's letter JDW.

 

 

 

[dx100uk]

[Biofuel]

Here is a copy of my Sar's Letter to JDW

 

Subject Access Request.

 

 

Dear Sir or Madam,

                        I am the husband and executor of the late Mrs *************** of the above address. Mrs ********* pas

(template removed -dx )

[dx100uk]

what does our sar say in red at the top....

 

i would simply send it, you dont need to list chapter and verse

[Will Goodfellow]

As mentioned, you are not personally liable for any consumer credit debt which is in your wife's sole name just because you are her husband. But depending on the value of her estate, as the executor, you are legally obliged to settle outstanding debts owed by her estate where there is capital available to do so. It's not simply a case of 'you are not liable, there is nothing Intrum can do', as the executor you could be held personally liable if you did not fulfill your obligations correctly.

Edited September 14, 2020 by Will Goodfellow

[Biofuel]

The day after my wife passed away I started to contact her creditors and explained that as autopsy need to be carried out I could not send them a death certificate.

 

About a week later I heard from the coroner that tissue samples had to be sent to the lab for testing and that she could issue an interim Death Certificate

 

I sent copies of this to all her creditors and explained that there was not any money in her estate. All but Intrum wrote off the debt. 

 

However, there was a small amount of money in her bank accounts. She was in receipt of PIPS and state pension this does need to be paid back and is in a separate bank account waiting to be reclaimed.

 

The state pension went into her bank account the day after she died. Her pip's went in a few weeks before so not sure how much needs to be paid back on that. But they have been notified of her death and payments have been cancelled.

[AndyOrch]

Ignore them.....no estate...no pay......debt is unenforceable.

[Biofuel]

Hi All. Just as a matter of curiosity I sent a SAR's letter to JD Williams/N Brown  requesting details of my late wife's account  and a copy of the Default Notice. I received the reply today but it did not include a copy of the Default Notice. So I emailed N Brown Ltd and this is their response.

 

Good afternoon, 

 

Thank you for your email.

 

We are sorry you are not happy with not receiving a copy of the default notice as requested. In our initial response we mentioned that in instances where we do not hold a copy of the information requested, we cannot provide it. However, we apologise that this point of your request was not addressed directly and therefore was not clear.

 

We have provided a list of letters issued on the account under the correspondence header. The letters included in this list, including the default notice, are system generated and we do not hold a copy of the actual letters. We only store the letter code and date it was issued, and this is what we have provided, along with an explanation as to what each letter is.

 

As we do not hold a copy of the default notice, unfortunately this means we are unable to provide it.

 

Kind regards, 

 

Data Protection and Governance Team

 

So I can not check to see if the Default Notice meets the statutory requirements of the CCA.

[AndyOrch]

Quote

So I can not check to see if the Default Notice meets the statutory requirements of the CCA.

 

 

Why would you want to...not your debt.....irrelevant.

[Biofuel]

Hi Andyorch The debt was sold to Intrum, and they are asking for a voluntary charging order against the house which was in joint names. There is no CCJ for this Debt against her.

The CCA states that before enforcement action can be taken the Debtor must be served a default notice, making the Default Notice a legal document.

[dx100uk]

34 minutes ago, Biofuel said:

they are asking for a voluntary charging order against the house

 

so what..stuff and all they can do unless you want to be a mug and pay for their xmas staff party by giving them free money

 

dx

[brassnecked]

Not your debt not enforceable most likely so why would you "Volunteer" to give them a stake in your property?  If you don't volunteer  they can't do diddly.