Advice on debts for terminally ill person

[skinttrev]

Hi I`d like some advice or options for the following situation my father in law is in.To cut a long story short, in June this year he had a fire in his assisted council home (he suffers from MS) and was rescued by the Fire Brigade and admitted to hospital with smoke inhilation.Whilst in hospital following tests , the doctors discovered that he is riddled with cancer,the most serious being his lungs.They have estimated that he probably only has between 3 and 6 months left to live.

As his home has been gutted by fire he has lost everything and wasn`t insured.To help I have had his mail directed to my address and with his permission to act as power of attourney for him as he is in no fit state at the moment to deal with his affairs.

Now, I was aware that he had a few debts,but I wasn`t prepared for the number of debts that he has.I`m not sure how to deal with them all for him.

He will eventually be placed in a care home which will eat into his various disability allowances and leave him with only £20 per week for various personal effects.He has no assets or possessions as they were lost in the fire.

Would writing to the DCA`s explaining the situation and asking for them to write the debts off help, bearing in mind that he has nothing and will only be alive for a maximum of 6 months?

Any advice greatfully recieved.

[rory32]

First of all sorry to hear about the situation with your father in law.

 

Secondly, these are obviously unsecured debts as he doesn't own anything. Due to his circumstances he can not afford to pay them anything. These debts will just go against the estate when he dies if there is money to pay them (unlikely from what you have said).

 

I you want to write to them explaining the situation insist that all communication is in writing and don't give them your phone number. To pre-warn you people who have been in this situation have had very insensitive phone calls from creditors, some have even been phoned on the day of the funeral. If this starts you must be very firm and not get into a conversation with them and report them straight away. Some creditors are understanding, some however are unbelievably crass and insensitive.

 

The problem with writing to them is that they will then have your contact details and from experience some of them will try and pressurise you into paying the debt.

 

Remember this is your father in laws debt and he is the only one liable for payment, no one else.

[JonCris]

Skint sorry to read of your situation.

 

This is also one of those occasions when you must head any communication 'Without Prejudice as to Liability' as they may try & claim your accepting liability for the debts.

 

You must make it clear in all communication that you are acting purely on his behalf

[NitrousOxide]

My father was in the same situation with my mother.

Write and explain everything to them and tell them you have attourney. Some will request proof that you are telling the truth, get it, photocopy it and send it to all of them anyway.

Some may write it off straight away some won't. Be prepared for a shock from some companies that won't.

Even after she died capital one wanted to send someone around to talk to my mother (yes really ).

YOU MUST issue a harrasment by telephone letter as well if they keep calling.

[Tristesse]

I'm really sorry to hear of your situation and as others have said it always shocks me the levels in which DCAs and the like will stoop.

Below is a link to the National Debtline template asking creditors to write a debt off. It will need a bit of rewriting to fit your needs but tis a start.

 

http://www.nationaldebtline.co.uk/england_wales/temp/6300_53311.pdf

 

Kind regards.

[pmhcfc]

I'm really sorry to hear of your situation and as others have said it always shocks me the levels in which DCAs and the like will stoop.

Below is a link to the National Debtline template asking creditors to write a debt off. It will need a bit of rewriting to fit your needs but tis a start.

 

http://www.nationaldebtline.co.uk/england_wales/temp/6300_53311.pdf

 

Kind regards.

 

Our thoughts are with you.

 

Please be aware of these DCA's, expecially people like Cabot. The big-wigs at Cabot feel it's perfectly acceptable to chase debts even when the debtor has passed away - and yes, even in your FIL's circumstances. These companies don't care about people (despite what they may say), all they care about is money. Be careful.

[JonCris]

I agree with pmhcfc be careful.

 

Some, including prime lenders, will even try & claim that relatives such as wives, children are responsible for a deceased debt's.

[rory32]

Some, including prime lenders, will even try & claim that relatives such as wives, children are responsible for a deceased debt's.

Yes, completely agree. There is however no legal basis for them doing this and you should treat any such actions as harassment and report the accordingly.

[JonCris]

I recall the last debtor this happened to committed suicide & his wife was harassed to pay is debts. The lender NW claimed they had 'lost' the letter from the wifes solicitors but they quickly found it again when the media became involved

[rory32]

Yes I also heard of a similar case with Cap One. I also had a bank trying underhand tactics when my Aunt died. She had a loan and an account in credit with the bank that would cover the loan, they actually contacted me as executor to see if they could just take the money out of the account to cover the loan, despite her having half a dozen other creditors. Obviously I told them to bog off and just join the queue to get paid from the estate.