Deceased debt

[numanator]

Hi All, hope i can get some tips here.

My Father passed away a year and 8 months ago, my family and I paid all his creditors that we knew of.. IE Electric, Gas and a glazier company he had been paying a monthly fee too.

We sent a death certificate to them and they replied in kind with a letter to state the account is clear, closed and no further payments are necessery.

My brother decided he would like to buy the house and when he did discovered a COA on the house, we know Its a COA because we sent for all the details from the land regestry, this CO is in favour of this Glazier Co, who are now refusing to remove the caution unless we pay them £10,500 in interest.

We rang and sent letters via ourselves and sols letters to get them to prove what the prinicpel amount was that was owed and how they calculated the interest.

Its now been six weeks since we wrote and we recieved a letter from there sols via my brothersw sols with two sheets of A4 paper with numbers and two lots of interest a court one and a contractuael one, NO other proof, IE copies of the CCJ or COA which we have asked for.

Now the COA dates back to 1993(known from land registry docs) and I have been thru every channel Courts Land registry and there is no copies at all anywhwere.

I would like to take this to court to get the COA lifetd so we can get the house sold. Does anyone think i should just go to the courts to do this or via a sols, to be honest I would like to do this myself as Sols cost the earth, has anyone else been in a similar situation?

Appreciate any advice peeps, and thanks for listening.

[righty]

Re: Deceased debt

Hi All, hope i can get some tips here.

My Father passed away a year and 8 months ago, my family and I paid all his creditors that we knew of.. IE Electric, Gas and a glazier company he had been paying a monthly fee too.

We sent a death certificate to them and they replied in kind with a letter to state the account is clear, closed and no further payments are necessery.

My brother decided he would like to buy the house and when he did discovered a COA on the house, we know Its a COA because we sent for all the details from the land regestry, this CO is in favour of this Glazier Co, who are now refusing to remove the caution unless we pay them £10,500 in interest.

We rang and sent letters via ourselves and sols letters to get them to prove what the prinicpel amount was that was owed and how they calculated the interest.

Its now been six weeks since we wrote and we recieved a letter from there sols via my brothersw sols with two sheets of A4 paper with numbers and two lots of interest a court one and a contractuael one, NO other proof, IE copies of the CCJ or COA which we have asked for.

Now the COA dates back to 1993(known from land registry docs) and I have been thru every channel Courts Land registry and there is no copies at all anywhwere.

I would like to take this to court to get the COA lifetd so we can get the house sold. Does anyone think i should just go to the courts to do this or via a sols, to be honest I would like to do this myself as Sols cost the earth, has anyone else been in a similar situation?

Appreciate any advice peeps, and thanks for listening.

My 1st advice is DON"t do it yourself its a minefield 2nd do let the solicitors do it why because (assuming you win) any costs/fees they incur will be recovered from the otherside Also as there's a CCJ limitation does not apply AND they can argue that they have already proven the debt beyond doubt

The house can be sold but not completed until the order is satisfied

[Sapphire]

Re: Deceased debt

Hiya

Thanks for replying Righty, I've also flagged up this thread, hopefully we can get loads of help on here.

[numanator]

Re: Deceased debt

Thank you for the reply Righty.

I have spoke to Sols since posting this, and he reckons that the other party should give my family the proof we have asked for, its like they just expect us to hand over such a huge amount of cash for no reason, and to be honest i think its tantomount to blackmail what they are doing.

There isnt a shred of evidence anywhere to say what the Principle sum was or what the outcome of the CCJ was, apart from it going to a COA, apart from the land registry docs saying its a COA, thats all it says, no amount no nothing.

my brother spoke to his sols about just getting the house sold to him and holding the money untill we sort this out, his sol's said they could but would have to pay the amount to the Glazier co. i was totally confused on why he said this, as I thought they would have asked for proof too. Is it just me, im i missing something? cause i wouldnt give anyone any money unless they could prove it. other wise if thats the case ill start writing to everyone i know and ask for a few quid, LoL.

Anyhoo ill take the advice and keep fighting. thanks again.

[righty]

Re: Deceased debt

HE can't pass clear title to your brother or anyone else until the charge is settled & if there's a mortgage funding the purchase he dare not do it otherwise he could be struck off

[Shepherdess]

Re: Deceased debt

Has a formal Subject Access Request been sent to the Glazier Co asking for all they data they hold on your father (the Executor would need to sign this). If not you need to do this as a start..at least then you have the ICO behind your request.
You need to see the CCJ and original agreement with them to check whether post judgement interest is allowed in the T&C's.

Shepherdess x

[numanator]

Re: Deceased debt

We have requested everything from them, any contracts, a proof of the CCJ and the COA where it states the interest, and they have done nothing to provide anything. As far as im concerecnd we have done all things possible to be nice.

Its been two months since we requested this now, and im getting completly sick of it. I just want to take it to court and ask them to remove the CO.

Thank you again guys for a crutch of support, this is a blinding site, keep up the good work. :santa_smiley:

[Shepherdess]

Re: Deceased debt

But did you make the request in the form of a formal Subject Access Request enclosing the £10 fee?
If so and they haven't supplied the info within 40 days then you can report them to the Information Commissioner and can also send them a Letter Before Action..
More info here:

http://www.legalbeagles.info/forums/showthread.php?t=70

kind regards,
Shepherdess x

[frisp]

Re: Deceased debt

I agree with Shepherdess, the executor should submit a SAR straight away. Also too late now but I wouldn't have paid any of the debts off as they are irrecoverable after a persons death.

The only debts that are required to be paid are for the funeral, any property and the tax man all others can whistle for it as there should be no assets left in the estate after they have been bequeathed.

[CYNthesys]

Re: Deceased debt

Re: SAR

I dont know if they would have to comply with an executor's request, as far as I know the Act is only applicable to living individuals.

[The Debt Star]

Re: Deceased debt

debts are irrecoverable after a persons death.

Not true.

The only debts that are required to be paid are for the funeral, any property and the tax man all others can whistle for it as there should be no assets left in the estate

Only true to the extent that an estate is insolvent once priority debts are paid; and the priority debts are legal and funeral expenses.

[righty]

Re: Deceased debt

Re: SAR

I dont know if they would have to comply with an executor's request, as far as I know the Act is only applicable to living individuals.

The Executor is a living individual & he/she now 'owns' the assets AND liabilities The death of a secured debtor does not negate the debt its still payable

[Shepherdess]

Re: Deceased debt

It is a tricky one, as normally a creditor would be required to prove a debt, so it's in their own interests to supply documentation, after which, subject to sufficient funds, it would be paid.
Unfortunately in this case the creditor holds the cards as they already have the CO in place. Therefore it's already "proven" to some extent. Obviously it's not in their own interests to supply anything that may cast doubt on their claim...hence their procrastination, which makes me suspect that they may not in fact be due to post judgement interest...Surely if they had proof they'd be falling over themselves to supply it and hasten the sale of the property so they could have their £10 grand?

Shepherdess x

[frisp]

Re: Deceased debt

Thanks to Debt Star for clarifying what I should have said. Priority debts must be paid i.e. TAx, Funeral and any legally binding order.

From my own experience as an Executor for my Dads estate we (he and I) made sure before he died that any spare cash went to his Grand kids, I prepared a IE statement with zero balance & sent it to all his creditors not one came back for more - except the tax man of course.

As the Exec I sent out a SAR where required and everyone complied - even the taxman.

HTH

[righty]

Re: Deceased debt

Was the secured loan from First National (they were the leader on home improvement loans) if so they do have it written into their contracts. It was challenged in court by the OFT & the OFT lost