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Deceased Husband...CCJ

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  • Deceased Husband...CCJ

    Hi

    i have been asked to forward my husband death certificate to DCA. My late husband had a monthly payment arrangement with DCA. We also have a charging order on the house because of the CCJ. Where do I stand in regards in letting the DCA know that my husband is now deceased?
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  • #2
    Amethyst Peridot ... any ideas?
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

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    • #3
      Hi Lexan01,

      As executor or administrator of the estate you have a duty to settle any debts/liabilities from the estate, you should let any creditors that you know of that your husband has died. I assume they know already, if they are requesting a death certificate? Have you spoken to them?

      The order of any payments due from his estate will depend on a number of things including, the type of debt, whether it is a joint or individual debt, whether secured against a property such as the charge or unsecured and the amount available to pay the debts. You need to gather any paperwork you have relating to any debts he had that you can find. This link may give you some pointers:- https://www.moneyadviceservice.org.u...e-who-has-died

      There is a strict order in which creditors receive amounts due to them. If there are insufficient funds in the estate to settle all the debts then they would be reduced proportionately depending on the type of debt.

      The charge on the house is what is known as secured and will therefore come higher up the list of those to be paid from the estate. You need to obtain some legal advice yourself on this. There are several factors that will come into play, for example do you own the house jointly as joint tenants or tenants in common and what the terms of the charge were when it was placed against the property. It may be worth contacting the CAB or some law firms may offer a reduced fee or free half hour appointment to look at the options available to you.

      These other links may also help you:- https://bereavementadvice.org/topics...olvent-estates
      the CAB site has a very small section on debts on this page:- https://www.citizensadvice.org.uk/fa...-died/#h-debts
      I am a qualified solicitor and am happy to try and assist informally, where needed.

      Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

      If in doubt you should always seek professional face to face legal advice.

      Comment

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