Deceased mum's credit card debt

[SamanthaG]

[MENTION=85500]Peridot[/MENTION] Hi, my mum died at the beginning of July with credit card debt in her name. The debts were mostly mine in fact as she helped me out when I was left with nothing after my marriage broke down and I had three children to look after. I've written to let the companies know of her death but am now terrified they will force my dad to sell their home to pay the debts.

Dad's stressing enough at the moment; he couldn't handle any contact from companies threatening him. Has anyone had a similar experience please as I have no idea.

Thank you in advance.

[Kati]

Re: Deceased mum's credit card debt

tagging [MENTION=85500]Peridot[/MENTION] ... she should be able to advise xx

[SamanthaG]

Re: Deceased mum's credit card debt

Thank you

[Diana M]

Re: Deceased mum's credit card debt

my mum died at the beginning of July with credit card debt in her name. The debts were mostly mine in fact as she helped me out when I was left with nothing after my marriage broke down and I had three children to look after. I've written to let the companies know of her death but am now terrified they will force my dad to sell their home to pay the debts.

Dad's stressing enough at the moment; he couldn't handle any contact from companies threatening him.

I'm sorry you've lost your Mum recently and the last thing you need is to deal with all this.

There will be formalities to progress (did your Mum leave a Will?) but in my experience a lot of creditors ask executors (or whomever is dealing with the estate) to pay debts which may not be enforceable in court so perhaps needn't be paid after all.

When you feel up to it send a s 77-79 CCA Request to any creditor who approaches you or your Dad for a loan, credit card, catalogue account etc. If they can't comply with the request then they can't enforce the debt.

Here's a link on how to do this (when you're ready) > http://legalbeagles.info/library/gui...etter-example/

and then post up any response you get.

One step at a time. They're a long way off getting a forced sale of the family home.

Di

[SamanthaG]

Re: Deceased mum's credit card debt

I'm sorry you've lost your Mum recently and the last thing you need is to deal with all this.

There will be formalities to progress (did your Mum leave a Will?) but in my experience a lot of creditors ask executors (or whomever is dealing with the estate) to pay debts which may not be enforceable in court so perhaps needn't be paid after all.

When you feel up to it send a s 77-79 CCA Request to any creditor who approaches you or your Dad for a loan, credit card, catalogue account etc. If they can't comply with the request then they can't enforce the debt.

Here's a link on how to do this (when you're ready) > http://legalbeagles.info/library/gui...etter-example/

and then post up any response you get.

One step at a time. They're a long way off getting a forced sale of the family home.

Di

[MENTION=85500]Peridot[/MENTION] Thank you Di for your quick reply. Mum and Dad have joint ownership of the house (tenants in common i think) and their will is just to pass everything on to myself and my sister. I don't know how to deal with these companies - whether i should offer to pay back an amount each month. One company is Barclaycard with a £9k debt; they'll be hounding us surely for the money? I've downloaded the letter you have sent so thank you.

[Peridot]

Re: Deceased mum's credit card debt

Hi SamanthaG,
Sorry to hear about the loss of your mum.
With regard to the credit card and any other debts, if they were in your mother's name they will be the responsibility of the estate so unless there is anything that can be done following Di's advice, I am afraid that they will be payable.
Are you the executor of the estate? If not who is? Whoever the executor is will be responsible for dealing with the estate, valuing any assets and liabilities (or debts) due from her estate and making necessary payments. Is the house the only asset? What other assets did your mother have and are they all passing to your father?

[SamanthaG]

Re: Deceased mum's credit card debt

Hello, the only asset is the house which my dad is living in. There is no executor unless this is my dad. If they would accept a reduced payment then I could do this at a push but dad could not. If there is no money to pay what will they do?