DWP

[Clarinettist]

Hi
I have been reading a few posts which seem similar to my problem! My mum died in January(2014) after being diagnosed with cancer. Apparently she had been over-paid by her pension credit. I have had a few letters (obviously very upsetting after her death) from the debt recovery agency. I assume the letters had been prompted by probate. My mum left approx. £13,000 . Debt recovery wanted bank statements etc for the last 10years . I managed to get her bank statement for upto 6yrs and I fortunately found her building society book upto 2004. I duly sent these and I have had another letter asking where a payment of over £1000 was from and a cheque for £2000 had gone out of her account. As this is 10 years ago I really don't have any idea. Why would they need to know this information? She worked all her life and never had much at all. If she was over paid pension credit then it will have to come out of the above money - surely the debt agency can see in the great schemes of things she didn't have that much money during her 86 years. The money she left has been shared between myself and brother - unfortunately I have already split it as he is unemployed and has no income. As I am the executor it will be left for me to pay any debt.
Has any one had a similar story? and how long will the debt agency keep wanting info? My mum was a very private and independent person that I really didn't know about her finances. Every time I receive a letter from them it makes me very upset and prolongs the grieving process

[ironman]

Re: DWP

Who is this scum bag DCA

[enaid]

Re: DWP

Hi and welcome, firstly I am sorry about your loss and that you are now having to deal with this situation.
Did you receive any letters from the DWP re the overpayment and if so what were they claiming the over payment happened?

[Johnboy007]

Re: DWP

You only need to furnish evidence of assets at the time of your poor mothers death.
If you are the executor of the estate, then you are responsible for sorting out the debts.
Payments in and out of your mothers account during her life time, is not any of your business.
I would make debt recovery aware of this fact.
If your mother left £13,000, then that is the amount that is available for all debts.
Claims for any money from creditors are put into a queue.
The funeral costs take priority.
Followed by Government departments, such as inland revenue, DWP etc.
There is a strict pecking order for who gets what.
When someone dies, UK law ensures that any debts that they were responsible for are settled out of their estate only.
There is no law in the UK making relatives of the deceased responsible for debt, so essentially whilst a person’s estate may be used to settle debts, the buck stops there and the remaining debt is written off.

There are exceptions to this rule, and principle among those is the situation with mortgage debt and any joint debts. With joint debts and joint mortgages, upon death the sum owed is transferred in most cases into the name of the surviving debtor.
The issue of settling debt after death usually resides with the person responsible for managing the estate of the deceased. This person is known as the Executor of the will, and is responsible for ensuring that all debts are settled, and that the deceased’s wishes are carried out in accordance with any will they have left.

My condolences at your sad loss.

[enaid]

Re: DWP

You are correct johnboy 007, but the op has stated that the remains of the estate have already been shared out and if any monies is still owing to the DWP it will have to be paid from that.
There may not have actually been an overpayment but until this is sorted out the DCAs may not back off.

[Johnboy007]

Re: DWP

A sticky situation me thinks....
DWP can claim whatever money is left, and if they want to be 'funny', although in this case, I doubt they will.
They could make a claim against the executor of the estate, if he/she has failed to carry out their duty, to distribute the assets, according to the rules.
As you stated enaid, until DWP have established if there was an overpayment, then the DCAs should back off.

[Clarinettist]

Re: DWP

A sticky situation me thinks....
DWP can claim whatever money is left, and if they want to be 'funny', although in this case, I doubt they will.
They could make a claim against the executor of the estate, if he/she has failed to carry out their duty, to distribute the assets, according to the rules.
As you stated enaid, until DWP have established if there was an overpayment, then the DCAs should back off.

Thanks for for everyone's reply

[Johnboy007]

Re: DWP

Thanks for for everyone's reply

That's OK
Hope things turn out OK for you.

[enquirer]

Re: DWP

Verify that there actually was an overpayment. The DWP often sends out speculative claims.

[Clarinettist]

Re: DWP

Verify that there actually was an overpayment. The DWP often sends out speculative claims.

Yes thanks - I will do that

[worry wort]

Re: DWP

Please let us know the outcome as many people don't and it may help others with similar problems.

[Clarinettist]

Re: DWP

Please let us know the outcome as many people don't and it may help others with similar problems.

Yes I will definitely let you know the outcome - eventually! As hopefully it might help others.

[buntymart]

Re: DWP

Hi
Just interested to know if the problem with the DWP has been resolved over your mother's estate?

[worry wort]

Re: DWP

Ditto.