Executor paying DCA from mothers estate.

[Ranchhand958]

Hello everyone,

Dealing with mums estate, been through probate and have the " Grant". House is now up for sale and a small outstanding mortgage and a Barclays loan debt,which was on a CAB payment plan to clear over about 15 years, needs to be paid from the proceeds.

I informed Barclays of the death sending in the death certificate as required and asked for a balance for probate purposes. I only have an old letter from them from Aug 2015
saying the balance was £4,500. They sent a reply saying the balance was now £7,000

I sent a letter asking them to provide details of how they arrived at this figure,since the account was on a payment plan which was kept to for at least the last 10 years as far as I can tell £10 a month for about 6 years and now £27 up to mums death.

They sent a reply saying the account has now been passed to their probate specialists Phillips and Cohen. I received a letter from P&C saying the were acting on behalf of their client Barclays and a balance of £3,900 was now required to be paid from the estate. Bit of a difference but more like the true figure I would say.

I don`t dispute the debt and intend to pay it, I would just like some advise on asking for statements of payments received,charges,interest etc that arrives at this figure.

I have to justify any payments from the estate in the accounts. No payment can be made anyway until the house is sold, as the only money will come from the sale of the property.

Am I opening a can of worms here, given that the balance they ask for is less the what Barclays stated and is quite close to what I expected the amount to be.

I have not made any contact with P&C yet.

Thanks for any help offered.

[warwick65]

Re: Executor paying DCA from mothers estate.

I think this is one for [MENTION=87380]Diana M[/MENTION]
When was the card taken out?

I think I would be sending a CCA request to Barclays - do they still own it?

[Peridot]

Re: Executor paying DCA from mothers estate.

Hiya,
I have had dealings with P&C. They can be quite pushy and will keep nagging wanting to know when you'll be in a position to settle. If you know the debt was due then it will need to be paid.

I would say that holding fire for a little bit may be worth while. Negotiating is always an option with P&C. They want to be able to tick off another debt basically. I expect your asking for bank statements flagged you may want to argue or look deeper. I'm not an expert on these CAB plans but I'm sure someone will be along shortly with some comments. I would say that P&C are reasonable, you can talk to them. Offers are known, maybe pursue the account statement again with them and see what happens.

[Ranchhand958]

Re: Executor paying DCA from mothers estate.

I think this is one for @Diana M
When was the card taken out?

I think I would be sending a CCA request to Barclays - do they still own it?

Hi Warwick65 and thanks for your response,

It was not a card but a Barclays loan which became to much to pay back hence the CAB helping. I think the loan was taken in 2006.

I think Barclays still own the debt and P&C are just acting for them,don`t think there has been any sort of assignment. When I asked Barclays for statements they just referred me to P&C.

Hi Peridot and thanks for your response,

I have not had any contact yet with P&C only with Barclays who referred me to there collections dept who said now P&C are dealing with the account. I am not speaking to anyone on the phone just snail mail only, to keep a track of whats been said etc.

As said I know I will have to pay it just a question of waiting for the house to be sold which could be some time .Its only just gone on the market as mum only passed in April.

[warwick65]

Re: Executor paying DCA from mothers estate.

I am told that just because the person is deceased ( I am really sorry to hear about your Mum's death- not an easy time I imagine) the enforeceability of the debt can still be challenged

I am not suggesting you want to do this but maybe it is an option to reduce what you pay.

From personal experience P&C are one of the better trained and more understanding DCA's , in theory one letter to them should deal with all accounts - didn't quite work that way for me but as soon as I told them I had written to them they were apologetic and left me alone. As the house has not been sold yet they can npt have their money and I am sure they will understand that

[Peridot]

Re: Executor paying DCA from mothers estate.

Hi again,
Agree with Warwick65 just explain the situation to P&C they will back off and leave you to deal with the other bits and bobs and the house sale. You'll get reminders but don't panic. As others have pointed out you can challenge the debts if you feel so inclined. It may also be sensible to place a section 27 notice if you suspect there may be other creditors you don't know about. That way you know you have dealt with everything as well as you can. If you have been dealing with the affairs already and believe you have all the necessary details then it may not be necessary.
Give us a shout if you need to know how to do this or need more information.

[Ranchhand958]

Re: Executor paying DCA from mothers estate.

Hi Again,
I wrote and asked P&C to provide statemented evidence of the amount owed,I received a reply a couple of days later saying that they would request the additional information from their client.

A few days later they sent me a copy of a computer printed statement starting May 2007 £6700 and ending with a balance after a few pages of payments and interest added of £7079 C , June 2008 A/C closed.

I have put a C after the amount because it is in the receipt column and then says A/C closed. Does this indicate the debt was settled by their insures and sold on ? It definitely was not paid by my mother.

They say here is the information requested from our client and details to pay an amount of £3900. My question would be where are the records of the payments made since a plan was agreed with the CAB or even just the last 12 months payments towards the debt and how do you arrive at this figure. These statements are 9 years old.

What should my next move be?

Thanks

[Peridot]

Re: Executor paying DCA from mothers estate.

[MENTION=6]Amethyst[/MENTION] and [MENTION=45315]Diane[/MENTION]M may be able to help here