Deceased father multiple debts with collection agencies

[Laszloweiss]

Hello,
I'm looking for some advice on how to deal with my dad's debts. He recently died and I've found paperwork from several Debt collection agencies for debts of around £30000. Cabot holds just under £20000 in 3 debts for instance, all refer to credit card debts that I don't know the details or validity of.

Small monthly repayments were set up by him but my dad sufffered from confusion brought on by his Parkinson's so I'm wary of just accepting the figures quoted. His estate is insolvent but we were joint owners of a flat (joint tenants) so that has directly passed to me and I'm in the process of selling it.

I know the usual advice is to send the death certificate with a covering letter saying the estate is insolvent. However I have heard of DCA's pursuing relatives for jointly owned property with insolvency orders. Are they obliged to provide me with paperwork proof of the original debts before such action and should that request be my first move if they don't write off the debts straight away?

I see that most have been offering my dad large discounts for settlements in recent months so I'd be grateful if anyone who has experience of DCA behaviour in this kind of situation could comment on whether they will suggest similar options to me.

Many thanks..

[Diana M]

Re: Deceased father multiple debts with collection agencies

I'm sorry for the loss of your father and to hear that the debt vultures are now circling the family.

A debt needs to be established as 'enforceable' in law before the estate has to pay it.

If you have the contact details of those who have been writing to your late father then send a s.77 - 79 CCA Request to each of them. If they can't prove the account was opened correctly, defaulted correctly and assigned correctly (if it was sold to a debt purchaser) then they cannot enforce the debt.

This forum has some information and a template letter to get you started. You'll find that here >

http://legalbeagles.info/forums/show...=7670#post7670

If you have any questions feel free to ask.

Di

[Laszloweiss]

Re: Deceased father multiple debts with collection agencies

Thanks Di, I will

[Diana M]

Re: Deceased father multiple debts with collection agencies

Banks and creditors/debt purchasers just send the bill and expect you to pay it without question.

However the statutory provisions of the Consumer Credit Act still apply in the afterlife.

Di

[Laszloweiss]

Re: Deceased father multiple debts with collection agencies

Well that's good to know.. if they do prove to be valid, is the agency likely to go for an insolvency order in relation to the property ( I'm thinking of the larger sum ) and how do courts view this kind of thing ( if that's an answerable question?)

[Diana M]

Re: Deceased father multiple debts with collection agencies

I can't answer that without knowing what the debts are and/or seeing the paperwork.

Have you any idea how long ago he opened the accounts and could it be before 2007? There's a reason for asking that question.

Which is the largest debt and who owns it now?

Di

[Laszloweiss]

Re: Deceased father multiple debts with collection agencies

Yes definitely all before 2001 at least.
Largest is £19000 owned by Cabot

[Diana M]

Re: Deceased father multiple debts with collection agencies

Largest is £19000 owned by Cabot

Who was the original creditor for that one and what was the product (i.e. credit card, loan, HP etc)?

Di

[Laszloweiss]

Re: Deceased father multiple debts with collection agencies

It's a bundle of 4 made up of
Lloyds Loan, lloyds credit card, mbna card and "lloyds banking group"

[Diana M]

Re: Deceased father multiple debts with collection agencies

It's a bundle of 4 made up of
Lloyds Loan, lloyds credit card, mbna card and "lloyds banking group"

You need to send Cabot a separate CCA Request for each account and then post up what comes back if anything

Di

[Laszloweiss]

Re: Deceased father multiple debts with collection agencies

Ok great, sounds promising in an unpromising way. Will do. Thanks Di

[Diana M]

Re: Deceased father multiple debts with collection agencies

Ok great, sounds promising in an unpromising way. Will do. Thanks Di

You're welcome.

We have a particular interest in the way that debt is collected after the account holder dies.

If it's 'unenforceable' then it's unenforceable. The creditors know that but they don't tell you unless you make a formal statutory request to force the issue.

Di

[Laszloweiss]

Re: Deceased father multiple debts with collection agencies

And pre 2007 makes it less likely to be enforceable?

[warwick65]

Re: Deceased father multiple debts with collection agencies

I will leave the details to Di but basically if it is pre 2007 then the agreement needs to be set out with specific terms and conditions, if not it is unenforceable . After 2007 is it rather different but doesn't mean it is automatically enforceable.

I take it from your post your father may have owned a property , again I don't know if the details of how he owned the property- joint tenants or tenants in common , but it might impact any liability.

When my ex died she left debts and insufficient assets to cover them, non were as big as yours however I sent a 'prove it' letter to all ( not as detailed or binding as the CCA request Di recommends ) and most just wrote the debt off , one did send back an unsigned application form with her name and address hand written on it. Non asked me to justify any offers but there was no probate so no public record

I hope you are coping at what is a very difficult time.

And pre 2007 makes it less likely to be enforceable?

[Laszloweiss]

Re: Deceased father multiple debts with collection agencies

Thank you [MENTION=98117]warwick65[/MENTION]