Hire purchase issues

[ummhamza]

Hi all this is my first post and not sure where this should go so hoping its in the right place.
My mum sadly passed away on the 16th oct this year, she had nothing other than a small insurance policy. When she passed I rang probate as my mum had some debt and they said probate wasn't needed when the insurance would only just cover the funeral and the debts would no long exist.
A few weeks on from this I am having major issues, my mum brought carpets with a local well known business and also family friend and agreed to pay monthly for them. She took the agreement out last September which was £2380 and there is now £980 owing. The man came and said they needed to be paid for or he would come and take them he also said I had broken the law paying mums funeral first and not mums debt. I tried to show him all the paperwork and told him about probate but he wasn't interested and said they needed paying.
I took advice from CAB yesterday who wasn't alt of help, she said she didn't know why I was there as no debt would exist and she then rang this man who said he still owns the carpets he did threaten to come and take the carpets lastnight but she told him he would have to go to court to do that. He said im only doing this to get free carpet and I wanted this to happen so I got them for free. He wont supply the agreement but left me with the ultimatum that I either pay up or he will take me court to get the carpets.
Im at my wits end, my husband passed away 3yrs ago and I was left with debt he took in my name so im in no position to take more, ive currently took over the care of my 45yr old brother who has disabilities hes just lost his disability benefits so im supporting both houses also my 5yr old son. This man knows I cannot pay for them but he would rather take the carpet than us have them. He lives across the road from us so im also feeling really intimidated by the situation and not coping well with my mums death. im not sure where to turn or where I stand with this. My mum brought and paid for the carpets for me as I had nothing when my husband died and its the carpets in my home not mums house that he wants to take. Im in desperate need of any advice I can get. Thankyou in advance

[ostell]

Re: Hire purchase issues

Funeral costs have first call on an estate.

The man had an agreement with your mum. any balance would have to be paid out of the estate. Nothing left? Tough.

[des8]

Re: Hire purchase issues

Hi and welcome.
So sorry to hear about your losses and subsequent problems.

The advice you have been given was quite correct.
Debts are prioritised as follows: i) secured loans (eg Mortgage)
ii) reasonable funeral expenses
iii)unsecured debts.

The carpets were purchased by your mother as a present for you, so on her passing the debt passed to her estate.
Do you have a copy of the credit agreement you mother signed?
If it was hire purchase, as over a third of the payments have been made a court order is required for the seller to repossess them.
If it was a credit agreement (most likely) as the estate is insolvent there is nothing he can do. The debt exists, but is unenforcable.

In any event you are not liable to pay the debt

[nemesis45]

Re: Hire purchase issues

Hello welcome to LB.
Sorry to hear of your loss!!

Is this " carpet trader" a one man company, not a major company?
He sounds very unpleasant to me.

I take it he did not provide the agreement? Whose name is the agreement in?
You must if this person make any threats or any attempts to enter the house dial
999 and state you a woman alone an you are being threatened.
He is wrong on the Funeral Costs they are the priority debt.

What you need to do is make a formal request to him/ his company for a copy of the
Agreement Regulated Under the Provisions of the Consumer Credit Act 1974.
This requires a £1 fee ( statutory).
The Carpets in your house have been paid for in ful?

nem

[ummhamza]

Re: Hire purchase issues

Thankyou all so much for your replies, the only thing we have is a payment book which states the cost of the carpets, the interest added, total balance and every payment made. This is in my mums name but old address they forgot to change the address in her book.
But we have no signed contract, I don't actually remember my mum signing anything but if she did she didn't have a copy of her own. They are quite a big business here but cover allsorts like property, subcontractors and then they are the furniture and carpet side of things.
Im just really worried he will take the carpets and I cant possibly afford more, there is £980 left to pay the balance started at £2380

[des8]

Re: Hire purchase issues

Well he can't just come in and take them.

Write as Nem suggested (but I wouldn't bother to include the £1)
Tell them your mother's estate is insolvent and they must not make any more unannounced visits to your home.
If they should return, follow Nem's advice and immediately call the police.

[nemesis45]

Re: Hire purchase issues

Thankyou all so much for your replies, the only thing we have is a payment book which states the cost of the carpets, the interest added, total balance and every payment made. This is in my mums name but old address they forgot to change the address in her book.
But we have no signed contract, I don't actually remember my mum signing anything but if she did she didn't have a copy of her own. They are quite a big business here but cover allsorts like property, subcontractors and then they are the furniture and carpet side of things.
Im just really worried he will take the carpets and I cant possibly afford more, there is £980 left to pay the balance started at £2380

Put this through his door.

Your name your address

Date:

This is a request made under the provisions of Sections 77/78/79 Of The Consumer Credit Act 1974 It requires you to
produce a copy of the Regulated Agreement For The Sale of the carpets you are attempting to claim.

The Law Allows you 14 working days to comply with this request.
Failure to comply with this request renders the alleged debt unenforceable via the court system.

If you contend that there is no such agreement in existence signed by Mrs...................and Dated by her
you appear to have been providing consumer credit without permission (licence) from the Financial Conduct
Authority.
I enclose herewith the required £1.00 Statutory Fee for this request.

Sign it and date it.

Is this a Ltd. Company? If so address it to the Company Secretary.

nem