Ex Vet needs help quick!

[sapper248]

Hi Everyone,

I come to you with advice badly needed. I have a story to tell but it is very long winded and I have to apply for a set aside to my local EJO. Before I go into this story will depend on the answer to this question. Can my mother be held liable for her husbands (Deceased) Debts. My mother has never signed any forms or had any joint accounts linked with the debt ( this is a loan and an O/D combined). It would have been Statue Barred in 3 weeks but the banks solicitors have decided to play hardball. My mother is at her wits end and I need to protect her. Please help us in you can.

[Amethyst]

Re: Ex Vet needs help quick!

For a loan and overdraft that were solely in your father's name are nothing to do with your mother and no she is not liable personally.

However the creditor may be able to make a claim against your fathers estate.

Has the death certificate been sent to the creditors and/or the solicitors? Have they sued your mother directly ?


( apologies for the assumption there btw)

[sapper248]

Re: Ex Vet needs help quick!

Yes, is sent the death cert to the EJO and they replied say that no further action would be taken against my father. I cannot see why or how they have drawn my mother into this. There is no estate and no savings.

[Kati]

Re: Ex Vet needs help quick!

Yes, is sent the death cert to the EJO and they replied say that no further action would be taken against my father. I cannot see why or how they have drawn my mother into this. There is no estate and no savings.

can you post up a copy of the letters she's received? I agree with [MENTION=6]Amethyst[/MENTION] ... they can't chase your mother for a debt that is not (and was not) hers!

[Amethyst]

Re: Ex Vet needs help quick!

What's the EJO ? (sorry - are you in Northern Ireland?)

[sapper248]

Re: Ex Vet needs help quick!

Enforcement judgement office, i have to go into work shortly but i can photograph the letters and post them tomorrow morning. Is there anything i should blackout on them for security?

[Kati]

Re: Ex Vet needs help quick!

i have to go into work shortly but i can photograph the letters and post them tomorrow morning. Is there anything i should blackout on them for security?

Names/addresses ... any identifying account/ref numbers etc... Alternatively you could email them to me (kati@legalbeagles.info) with a link to your thread, and I can redact and post up xx

[Kati]

Re: Ex Vet needs help quick!

Enforcement judgement office

Northern Ireland then

I can't find anything that would mean it would be different there than England :noidea:
http://www.nidirect.gov.uk/what-happ...n-someone-dies

[sapper248]

Re: Ex Vet needs help quick!

I have sent through some photos of tge court papers to your email address kati. Im afraid i dont know how to send a link to this thread.

[Kati]

Re: Ex Vet needs help quick!

got them

[sapper248]

Re: Ex Vet needs help quick!

Thank you Kindly Kati, I am going to fill in my reasons for asking for a stay/set aside of this enforcement. I will be stating that we were not given the opportunity to defend against this claim being made. My mother has never had her name on a loan, O/D or account related to this alleged debt. If anyone has any advice I would be very grateful. I also spoke with the enforcement Office on the phone and they have asked that my mother appear to show means/Income. Should I have to do this if I will be contesting that the debt has nothing what so ever to do with my mother?

[Kati]

Re: Ex Vet needs help quick!

It's not your mother's debt ... personally, I wouldn't be giving them ANY of her income details until ordered to do so by a court!

[sapper248]

Re: Ex Vet needs help quick!

I agree with your Kati, the reason I ask is because I will go in front of what they call a Master of the court and his office the EJO has asked me to provide it and i do not want to appear as if i am being disrespectful to his office, I feel that until they hear my argument my mother should not have to appear or provide details!.......saying that I would like to air on the side of caution and have my mother waiting just in case the Master wanted to ask her anything. I will make the the argument that there is no case to answer ( in agreement with you, my mother owns none of this debt)

[sapper248]

Re: Ex Vet needs help quick!

Hi Kati,

I have managed to get a set aside hearing on the 3rd Dec for my mother, what i find strange now is that last night I was served with a notice to show means were the solicitors acting for the bank have now got their sites back on me, this may have something to do with me asking for proof that my mother had any borrowings from the bank....they still have not produced any evidence to date, as their is none to produce. In 2008 the solicitors took my name off the court documents, well I am assuming this as I went online to the EJO site paid £8 to view the case and it was only my mothers name that came up ( this was approx 4 months ago). They have not been in contact with me from 2008 but what I find disturbing is that they say in the summons that I failed to reply to the first summons, now I can assure you I did not receive any 1st summons. As far as i am concerned they had no contact with me from 2008, up until 2008 I was named along with my father and mother, after this date my name was dropped off any papers. This should be statue barred, now I firstly tried this defence for my mother and the EJO came back stating that it was 3 weeks short of being statue barred, so why did the bank wait so long...I don't know. Can I put it out to you guys for advice please, I attempted to contact a solicitor who works in this area but he wanted £2500 on account first and more if we had to take it back to the high court. I hope this makes some sense, to put things into perspective this has been going on since 2003 when we first contested any charges/debt from the bank.

[Kati]

Re: Ex Vet needs help quick!

[MENTION=55034]nemesis45[/MENTION] ... any advice??