old debts - finding status

[rgnsd]

I am the executor of a will and would like some feedback re: finding old debt statuses if you could?

Basically I have found letters threatening CCJs amongst the paperwork but nothing since. These letter are 6-7 years old. I have searched the registry and found nothing registered against the name in terms of court orders but understand this is only relevant for the size years or so.

I'm wondering if the debts are statute barred but also aware that they can't be of there's a CCJ attached.

I am thinking of sending the creditors a 'prove it' letter along the lines of the Limitations Act etc in the hope that they confirmed statute barred, confirm or not a CCJ and give me correct paperwork with the correct debt so it can be paid out of the estate.

I then thought I was going round the houses and should just ask them how much and pay out of the estate.

Any info or ideas would be appreciated.

[nemesis45]

Re: old debts - finding status

Good Morning, welcome to LB,

You should I think advertise in your local press stating that any person/company must notify the executor of the estate of xxxxxxx of any claim they may have on the estate and they must do so within 14 days or the estate will be disbursed.

nem

[charitynjw]

Re: old debts - finding status

Plus a s27 notice?
https://www.thegazette.co.uk/wills-a...estates-notice

[rgnsd]

Re: old debts - finding status

Ah OK. Thank you. I hadn't thought about having the creditors come to me.

[enaid]

Re: old debts - finding status

Ah OK. Thank you. I hadn't thought about having the creditors come to me.

Always lol good luck x

[Peridot]

Re: old debts - finding status

Hi,

It is really important to arrange a section 27 notice. the notice has to be in the deceased's local press and any press local to any business they had when they passed away, as well as the London Gazette. There are several companies that offer to do this service for you and make the necessary arrangements for publications. The fee will be in the £250-£300 region but well worth it and payable by the estate.

The notices have to be in the press for 2 months, after which if you have not been approached by any creditors you would be free to distribute the estate with no recourse to you, as executor. If you distribute the estate without having done this and particularly having suspicions of outstanding debts you would be personally liable for those debts.

I hope this assists.

[rgnsd]

Re: old debts - finding status

I do understand that yes. I am also the beneficiary so even though the section 27 notice will offer me some protection as executor and the first thing I will look into doing, along with a local advert, I have to ensure that everything is paid from the estate because as a beneficiary it will come back to me anyway.

I have wrote to the two creditors that I have found so far and sent it recorded delivery this morning. I have ensured no debt is recognised, suggested it be statute barred and asked for paperwork to the contrary. I need paperwork. I will then send them a thorough letter as executor and expect a clear paperwork trail.

I want any debt paid from the estate but a section 27, although important, won't cover me as beneficiary. For me it's not good enough to just wait and see if they come to and that is the decision I came to overnight. My main priority is paperwork, proof, payment where due and as much protection as I can possibly muster.

This debt is over 6 years old and possibly has CCJs with it (although search the register and nothing noted but that's only as good as the last 6 years) which means it can't be statute barred. As I have found no later paper work it could also mean that a threat of a CCJ means she could well have paid it off. I just don't know and that's why I have to search.

But thank you for all your input. You have helped me realise that I have a very important job to do and it's in my nature to do it properly.

[charitynjw]

Re: old debts - finding status

You can search for current CCJs via Trust Online.
http://www.trustonline.org.uk/