received a pre-action protocol for a debt incurred by my dad whom passed away 3 years ago

[zenith000]

Complicated one.. to a degree

I was chased about a year and half after my partners dad passed away by a local plumber for work my dad had done on a his house that she now rents from her mam.

My  partner was shocked as assumed this was paid and also a long time passed between her dad passing and being chased. Her mum, hasn't got much money nor does my partner. She has never said NO to the debt and asked if a payment of 50 a month could be made which they wasn't happy about. My partner then asked for a proper plan as felt they may mess that up taking into account the length of time they waited to chase.

The debt is in her fathers name at her fathers address and was from over 3 years ago. The debt is around the 5K mark and her dad passed away Feb 2021

Just yesterday she received the pre-action protocol letter detailing their intention to take her to court. She has numerous options in the form to return within 30 days.

My partner receive benefits for her 3 learning disabled children ALL under 16 and also is unable to work due to her illness (diabetes type-1 and a heart condition) so there isn't anything left in the bank at the end of each month.

Any advice is welcome. As mentioned she can set up a payment plan and can provide the bank statements to back up what I wrote above. OR should she respond in a different way to the protocol request.

 

regards

[Ethel Street]

Who was executor to your partner's father's estate?

Did your partner's mother offer to pay make clear she was offering as executor as it sounds like she had no personal liability to pay?

Has plumber been sent a copy of the death certificate?  Does he even know that your partner's father has died?

[zenith000]

Was her mum and this is the strange thing. 

The builder that did the work, her mums house (where the contract was in her dads name) and the house where the work are all within 3 mins walking distance. The plumber never knocked her mums door but did my partners some year and more after his passing.

 

[Bazooka Boo]

Did she make the offer of payment in writing?

I'm not confident that she is in anyway liable to pay for this now, if there was no money left in the estate to pay this then there's no money.

 

Is there a contract for this work? And do you have sight of it?

[zenith000]

I am not sure there is any money left in the estate apart from her mums house.

My partner had no sight of the contract as all the business of the building work was done between the builder and her father.

She may have made the offer via text or email reply.   

[Ethel Street]

Is your partner's mother the sole executor?

Was she aware that money was owing to the plumber when her husband died and she was dealing with his Estate?

Please clarify one important point: do you accept that your partner's father owed money to the plumber at the time he died? And if so is the £5k about right, eg in line with estimates/quotes given before the work started? Or is the £5k disputed?

As executor she could be personally liable for the £5k if she distributed the Estate without paying her husband's debts. It's irrelevant whether there is any money left in the Estate now, the question a judge would ask would be whether the Estate was solvent and able to pay the debt at date of death in February 2021. 

We need more information from you to understand what has happened, a bullet point timeline please. It's completely unclear from what you have posted why the debt wasn't paid, who owns the house now, who owned it when the work was done, what correspondence has passed between the plumber and the family. How many houses are we talking about? Is the house your partner's mother lives in the one the work was done on? Or was the work done on the a different house that you and your partner now live in? When was the work carried out?

And please upload here a copy of the letter you have received (after covering up all information that would identify you including court reference numbers) as a single pdf.

 

[FTMDave]

When my brother died I dealt with his estate.  He left about £22,000 of debts.  I didn't pay a penny as there was nothing in the estate.

However, had there been money I would have had to pay part of the debts. 

That's why the regulars are asking questions.  The whole story is incredibly unclear.  Please answer as Ethel has suggested.  

 

[zenith000]

Hi and thankyou both and will collate the detail as requested and add to the post a around the lunchtime marker