CCA requests as executor - Philips and Cohen

[Bosschow21]

 

After my father's death, I uncovered evidence of a whole heap of credit card debt (not to mention the equity release mortgage etc, etc ), - half a dozen accounts totalling >30k . Via Cabot/IDEM etc these were all then passed to Philips and Cohen and I have been dealing with them as executor to the estate.

I contacted National Debt helpline who advised that the executor (me) would step into the shoes of the deceased and be able to follow the CCA request route to get more information. Mainly I wanted to check these companies had the right to any money from the estate and to get some understanding of how my dad got into this situation in the first place.

I’ve since had one account closed due to the information being too old to find, and gradually over the following year the remainder returned various bits and pieces at most but nothing I'd be sure I'd class as making it 'enforceable', as I've read it (variously generic t's and c's, possible agreement/application document only for one - mainly piles of statement lists from his DMP (Stepchange) or the original accounts.

Not sure what to do next - If these were my debts I understand I could sit on it until they produced the required info for the CCA (assuming I'm right on these) or these timed-out. 18 months have now passed since the request and P&C have not stated these are unenforceable and I’m not sure if I have grounds to ignore their requests for payment.

 

I really want to sort the estate accounts now and finally move on with things so any help would be much appreciated!

Edited January 14, 2022 by Bosschow21

[BazzaS]

I’d put them on notice that you wish to sort out the estate, and need them to demonstrate why these sums are owed and not unenforceable.

 

As executor you are not permitted to treat any creditor preferentially. You are also only required to act reasonably, and then to the best of your knowledge and belief.

 

Wtite, recorded delivery. Stress that you have already asked them to prove any debt and it’s enforceability. Having given them 18 months already, give them a further 2 months to reply with why the alleged debt is enforceable, and settle the estate after that time if you still haven’t heard anything.

[dx100uk]

Philips are specialists at scamming executors out of money their deceased relatives never owed in the 1st.

 

simply IGNORE them!!!

You should never had responded to anything in the 1st place.

 

Close the estate, ignore everyone. Move on with you life.

 

There literally is zero they can do to you.

 

Dx

[BazzaS]

Executor takes on a fiduciary duty’s, and can acquire personal liability if they don’t “dot the I’s and cross the T’s”

 

Hence far better to create that audit trail.

Recorded delivery letter, reasonable deadline and then put them in the dustbin of history. 

[dx100uk]

[Bosschow21]

Thanks for the swift responses both - greatly appreciated!

 

I'll take another look at what documents they've returned where there's some information, to be sure I've understood the enforceability correctly on these, and then write to the as suggested.

 

He was ill and I wish he'd told me about this so I could help -  he must have paid them many times over looking at it, so I'd dearly love to tell them to stick it after the stress he must been living with. Fingers crossed!

Edited January 14, 2022 by dx100uk
added A few blank lines only..dx

[dx100uk]

Who contacted who?

did you write to them or they wrote to you in the 1st contact?

 

totally ignore Philips, they are scammers United soo many threads here on them.

 

as for these 'agreement s'

Scan everything to one mass pdf. Let us decide please.

redact and rwad our upload guide carefully.

 

Dx

[Bosschow21]

I had sent stepchange his death certificate after finding his arrangement with them. The companies then passed their accounts to Philips and Cohen, who wrote to me wanting payment and later details of the estate (which I have not given). I then sent cca request.

 

I'll send a pdf on Monday when I can get at a scanner for the pile I have!

[dx100uk]

good idea.

 

Programmable Search Engine

CSE.GOOGLE.COM

^^ clickme

 

rad a few threads here none went anywhere.

just ruddy ambulance chasers after dead peoples money for their new free holiday on MUGS that cough up blindly.

[Bosschow21]

FivexCCAreturneddocs_Redacted.pdf

I've uploaded the documents P&C returned in dribs and drabs for the 5 five remaining accounts. Can I get thoughts on those?!

[dx100uk]

1. Cabot and old sav credit card debt..most probably an old HFC or HSBC card .

looks like for years he was scammed by clarity credit management out of money. Nothing new there, thats all rhey ever did. No signed agreement, no nothing to prove the debt. Sav credit would never have had a signed agreement. Card will be 90's era if not close too. Unenforceable!!

 

2. Natwest duo MasterCard..now rbs..cabot. No signed agreement. unenforceable.

 

3.  An mbna card from about 1999/2000 idem dca scammers no signed agreement unenforceable

 

4. Some kind of lloyds credit card, with idem. Theres a signed application form but that does not meet the requirements as there are numerous prescribed terms on that missing . Unenforceable.

 

5. Some kind of rbs secondary? finance no idea what, no agreement. Unenforceable.

 

pers id be totally ignoring them on all those.

just because he got cash cowed for far too many years running the sb date to infinity, makes no odds to any of them.

 

old school..morally thought he owed the debts..got had blind from day one, aided and abetted by yet again one of the so called charities, there to help..not!!

 

Dx

 

 

[Bosschow21]

Thanks for all that Dx!

 

I’d thought similar for 1, 3 and 5 given they hardly had anything on them, the other two I wasn’t sure about…

 

2. I wasn’t sure re this one as there as it looks like an agreement (plus a lot of other info, T’s and C’s etc) – is it because this isn’t signed? I was under the impression that they could reconstitute this without it?

 

4. It’s good to have clarified they have to fulfil all the requirements. With the signed application form you mentioned there are prescribed terms that are missing – can I check which those are?

 

I agree about stepchange – I spoke with them on the phone initially when I first discovered this and the staff were very nice and sympathetic which to someone in my dad position would seem good. When I tried to ask questions I quickly began to question there competence though and despite being a charity whose best interest they were working in.  

[dx100uk]

Search using our enhanced google search box

Prescribed terms

 

Pers id simply now totally ignore Philips.

They are nothing but scammers.

Not one thread involving them here has ever gone anywhere.

Dx