Jax v Barclaycard Court Claim

[jax007]

Could someone give me a little advice here please?

A court claim (by Howard Cohen) was issued against my husband in March 2009 for non-payment of credit card. Between this time and September 2009 the various court procedures were followed, ie acknowledgement, defence on the basis of CCA being unenforceable, AQ, etc, and then the last communication was a statement of account.

Nothing has been communicated since then until last month when we've received an amended POC from Howard Cohen!

There has been no notification that they were intending to do this - this is the first communication since September 2009.

Now, here's the tricky bit, my husband died last year so what should I do??

Do I continue with the claim as Executor or do I just write to the Court and inform them of his death?

Hopefully someone can give me some advice please?

Many thanks
jaxx

[WendyB]

Re: Jax v Barclaycard Court Claim

I would send them a copy of the Death certificate. They may try and claim from the estate but isn't there a 6 month time limit on that? and that's always supposing there was any money in the estate to cover it anyway. I would also inform the Court as well, might be worth ringing the Court to see what advice they offer.

[Budgie]

Re: Jax v Barclaycard Court Claim

Hi Jax,

Was the Barclaycard credit card a joint account or held in your Husband's name only?
IE ( Were either you or he a second named cardholder on a single credit card account or was he the only cardholder on this specific account)?

Have you finished the probate process yet or are you still going through it?

What is the balance on the account?

First things first, you must send off an original version of the death certificate to Barclaycard, with a copy of the letter and certificate to the Court and to Howard Cohen.

That will stop the current court action.

Then wait to hear back from Barclaycard. No doubt they will write to you, returning the original certificate and advising how they intend to proceed.

Budgie

[jax007]

Re: Jax v Barclaycard Court Claim

Thanks for all your advice guys - I'll get the DC sent off to Howard Cohen, court and Barclaycard as suggested.

The card was in sole name of my husband and balance is around £5K (there are other cards in his sole name as well!!).

I am the executor.

Probate all done and dusted.

Also seems funny that this amended POC should have turned up without any prior notice of intention AND after some 15 months of no communication from court or HC!!

I thought that any debts could be claimed from the estate and you could (???) be made to sell your house if that's all there is????

jaxx
------------------------------- merged -------------------------------
btw Bud my friend - loverly to see you're back!!

Missed you hun

xx