Debt Collection Agencies Deceased Father

[Bonzo34]

Hi, looking for some advice in an area that is new to me. My father passed away a couple of months ago after a lengthy battle with illness. He was unable to work for 18mths & due to this has ended up with unpaid debts. Unfortunately he never discussed any of this with me & in fact threw away any evidence of these debts, I guess coping with terminal illness was enough for him to cope with without worrying about money.

He died without a will & I have therefore, as his only child, been dealing with his Estate (he was divorced). Anyway, he had no savings, half a property owned as tenants in common & a refund of pension contributions totaling a few thousand. Up until last week I had a 3 letters from dca's, one from Lowells for a CC, & two from BCW for Mobile phone & one for GE money. I wrote to them all with copies of the death certificate. I did the probate application form and added these debts to it.

On Saturday two letters went to his home address from Assisted Probate Services (arm of BCW I believe) Asking for full payments on the GE money & a totally new CC in excess of £5k! They are asking for details of the executor of his Estate.

What do I do? How do I know for certain these debts are his? If I total all of these debts up, I don't think the pension refund will clear them all, does this mean his house will have to be sold to meet them? It worries me dealing with these people as know they can be fairly ruthless in their tactics, but don't want to pay debts that weren't his.

When I get the letters of administration, I believe I can request a copy of his credit file, which will help me identify his debts, but this will take some time as the forms were only sent last week.

Any help would be very much appreciated.

[The Cosmic Connection]

Re: Debt Collection Agencies Deceased Father

Whilst I do not wish to add to the pain of your bereavement, but was your father's illness Alzheimer's Disease or Vascular Dementia? I am asking this for a reason as it may have a bearing on whether these alleged debts can be enforced. I would also put these DCAs on strict proof that the debt is attributable to your father's estate.

[Bonzo34]

Re: Debt Collection Agencies Deceased Father

Thank you for the reply. No he didn't die from either of those diseases. So do I send a letter people seem to refer to as a 'prove it letter' to the DCA's? Also do I give them my home address or correspond with them through my late fathers home address? The thing is my home address is actually on the death certificate so they probably already have it. Just don't want people turning up at my home address chasing this money! Never dealt with a DCA, think I need to man up (although I am female) & not be so intimidated by them.

[The Cosmic Connection]

Re: Debt Collection Agencies Deceased Father

As the executor of your father's estate, you have certain duties you have to ensure are met. One of these is to ensure only lawful, okay, lawful debts are paid from the estate. This means that you must scrutinise all and any claims being made, especially from DCAs behaving like vultures.

One thing you must remember when dealing with DCAs and that is to be firm with them and not stand for any nonsense. Be assertive when dealing with them. If they don't like it, tough. If they bleat about their client and their rights, just come back at them with, "Yes. And, as an executor, I have a duty to ensure only lawful debts are paid from the estate and report to the police any claims I find or suspect are fraudulent."

Lowells are known for making dodgy claims and issuing dodgy Statutory Demands. Don't trust them as far as you can throw them.

[gravytrain]

Re: Debt Collection Agencies Deceased Father

This is a free charity, they should be able to give you some useful help.

http://www.stepchange.org/Howwecanhe...reavement.aspx

Try not to worry it will work out.

This happened to me recently with my brother.

I wrote a template letter explaining that there was no will and in his case no estate to speak of, most creditors sent me a letter back saying the debt had been cancelled, i enclosed a photo copy of the death certificate.

However I would talk to one of the free debt charities, the one I linked is as good as any.

[Bonzo34]

Re: Debt Collection Agencies Deceased Father

Thank you everyone, I wrote a letter yesterday to the DCA's explaining I was administrating the Estate & I would need proof of any debts they are trying to collect. I will wait to see how they respond.

[alham]

Re: Debt Collection Agencies Deceased Father

Absolutely. Also, do remember that they can not add any further interest charges or fees to the account after the date of death. Remember, when it comes to it you must post a notice in the "London Gazette", then any "debts" not notified within certain period following the publication will become void.

[enquirer]

Re: Debt Collection Agencies Deceased Father

If DCA goons turn up at your house, don't hesitate to call the police. Explain that you are the executor, that you suspect their claims to be fraudulent and that you are being personally harassed in an attempt to get you to pay out on those suspect claims.

[Bonzo34]

Re: Debt Collection Agencies Deceased Father

These forums are so helpful & I have to say I am feeling much more confident dealing with the DCA's. I do have a question though & I wonder what your thoughts are alham. I read about the publication in the Gazette & understood that after the 8 weeks it protect the administrator from claims however claimants can still recover debts from beneficiaries. As I am the administrator & sole beneficiary, is there any point, as they can still try to claim from me. I was planning on getting a copy of his credit file from Experian to check I had contacted everyone. Just seems a waste of money? Have I understood this correctly?

[gravytrain]

Re: Debt Collection Agencies Deceased Father

Another thing which I am sure you know but I don't think has been mentioned is that any debts owed come down the list of payments due, after any costs and expenses incurred by the funeral and executor process.

[Bonzo34]

Re: Debt Collection Agencies Deceased Father

Morning everyone, I sent a prove it letter to the DCA's on the 22nd April (recorded delivery) giving them 14 days to respond. It has been three weeks & I haven't heard anything from them. Is this normal? I appreciate it may take them some time to collect the information but thought they may have written back to confirm they were doing this. How long does this process normally take?

[enquirer]

Re: Debt Collection Agencies Deceased Father

I read about the publication in the Gazette & understood that after the 8 weeks it protect the administrator from claims however claimants can still recover debts from beneficiaries. As I am the administrator & sole beneficiary, is there any point, as they can still try to claim from me.

Yes - this needs to be watertight.

They may try to get money out of you later, but this would take a great deal of time and expense. The chances of success would be very poor if you have Gazetted it (the courts expect debt-recovery professionals to check the Gazette as a matter of course), advertised locally, and sent the ones you know a 'prove it' letter.

I was planning on getting a copy of his credit file from Experian to check I had contacted everyone. Just seems a waste of money?

On the contrary, it's a good idea. It also means that if any DCA tries it on, you can show that they never bothered to record their interest.

[labman]

Re: Debt Collection Agencies Deceased Father

The London Gazette is two months.

This link also appears to give helpful advice:

http://www.lawdonut.co.uk/law/person...-administrator

[Bonzo34]

Re: Debt Collection Agencies Deceased Father

Thank you both for the info. I'm finding this whole process emotionally very challenging, it was my dad & I miss him. I'm glad I can do all this but I will also be glad when it's finished, it almost feels disrespectful trawling through his credit file. I will of course do it though & the Gazette. It's only three months since he died & I know in probate terms that is short, but I really would like this process concluded as swiftly as possible, I guess realistically it is going to be another three months though.

[labman]

Re: Debt Collection Agencies Deceased Father

Good on you Bonzo, and I'm sure your Dad would be proud you're making sure he pays only what he should and doing such a stalwart job.

I understand totally the feeling of being disrespectful going through his affairs - although my Dad is alive I've just had to do the same with him and it's not pleasant.Keep up the good work - you're doing great!