debt after death

[tonto33]

need advice the missus hadn't seen or spoke to her dad for 10 years, sadly he passed away 3 weeks ago, he was living in a council house, he had no money due to not working for last 3 years due to having lung removed from having cancer, which came back hence why he passed, after being told he died, the missus cleared his house which 99% of it was junk and we burnt loads, went to close his bank account from barclays to be told that had taken out a loan a few years ago and there still 10 grand owned which missus knew nothing about but now barclays says we have to have pay that debt as she is his daughter, is this right? as we cant afford that after just paying 3400 to burn him, tried to explain it to barclays they just said you have to pay

[nemesis45]

Re: debt after death

need advice the missus hadn't seen or spoke to her dad for 10 years, sadly he passed away 3 weeks ago, he was living in a council house, he had no money due to not working for last 3 years due to having lung removed from having cancer, which came back hence why he passed, after being told he died, the missus cleared his house which 99% of it was junk and we burnt loads, went to close his bank account from barclays to be told that had taken out a loan a few years ago and there still 10 grand owned which missus knew nothing about but now barclays says we have to have pay that debt as she is his daughter, is this right? as we cant afford that after just paying 3400 to burn him, tried to explain it to barclays they just said you have to pay

Good evening welcome to LB

If your wife's father died with no realisable assets savings etc., the debt is dead.
Which bank told your wife this nonsense, was this from some " alleged" customer
service expert or someone actually or supposedly in authority?

Quite simply your wife has no liability whatsoever for this loan.
Name and shame this bank and I'd be pleased to draft a letter for you to sort this out.

nem

[leclerc]

Re: debt after death

Completely agree with Nemesis....was there PPI on the Loan? Surely death is covered by the policy

[nemesis45]

Re: debt after death

Completely agree with Nemesis....was there PPI on the Loan? Surely death is covered by the policy

This bank need to be taken properly to task Leclerc, so very wrong and insensitive in these circumstance.
I will help all I can!!

nem

[enaid]

Re: debt after death

I think Barclays was mentioned in the ops post.
If the loan was in you FIL sole name and there are not enough assets then the debt is written off. Definately worth asking re the PPI too especially as it was a large loan.

[davisgraham]

Re: debt after death

Hi tonto33,
Sorry, but I don't have knowledge about this issue. You should consult with a bank advisor regarding this issue.
Thanks!!

[Debt Camel]

Re: debt after death

Definately worth asking re the PPI too especially as it was a large loan.

Not sure why it is worth the hassle of bothering to check if there was PPI? The poster isnt liable for the debt, full stop.

It may be worth checking if the poster is eligible to get help with the funeral costs: https://www.gov.uk/funeral-payments/eligibility

[enaid]

Re: debt after death

Not sure why it is worth the hassle of bothering to check if there was PPI? The poster isnt liable for the debt, full stop.

It may be worth checking if the poster is eligible to get help with the funeral costs: https://www.gov.uk/funeral-payments/eligibility

Barclays are saying she is responsible but if there is PPI it would have paid it off anyway so they wouldnt owe. Don'r know why Barclays are trying it on tbh

[nemesis45]

Re: debt after death

need advice the missus hadn't seen or spoke to her dad for 10 years, sadly he passed away 3 weeks ago, he was living in a council house, he had no money due to not working for last 3 years due to having lung removed from having cancer, which came back hence why he passed, after being told he died, the missus cleared his house which 99% of it was junk and we burnt loads, went to close his bank account from barclays to be told that had taken out a loan a few years ago and there still 10 grand owned which missus knew nothing about but now barclays says we have to have pay that debt as she is his daughter, is this right? as we cant afford that after just paying 3400 to burn him, tried to explain it to barclays they just said you have to pay

Hi Tonto,

Getting back right to the start of this, who at Barclays says you wife is liable for the debt? Is it a local manager of Barclays HO?

I presume FIL died intestate and with no realisable assets and your wife was in now way involved in this loan?

My suggestion is you go to the top at Barclays and make a Formal Complaint this obliges the bank to fully investigate and respond within 56 days.

If you need help in writing such a letter I can help you with it.

nem

[Diana M]

Re: debt after death

Unless I'm imagining it this thread was started in December 2015 so I'm not sure why it was bumped today by another forum member over a year later.

Anyway my short answer is the Executor of the Estate (if there was a Will) or the Administrator (if there wasn't) should send a section 77 CCA Request to Barclays bank to establish whether the personal loan debt is enforceable in law especially if it was opened before April 2007.

That should shut them up

We do this all the time. Too many creditors think they can pull the wool over the eyes of family members handling their relatives' finances, and too many Executors pay up without question. Always challenge the enforceability of a debt even after death.

Di

[Diana M]

Re: debt after death

Hi tonto33,
Sorry, but I don't have knowledge about this issue. You should consult with a bank advisor regarding this issue.
Thanks!!

I see from your forum profile page that you say you are a Business Attorney from Denver Colorado where the legal system is different from the UK where this site is based.

All views are welcome of course

Hi,
I am a business attorney and so excited to share my knowledge with all community members.
Thanks!!

Di

[charitynjw]

Re: debt after death

http://www.vault.com/company-profile...-overview.aspx

[ostell]

Getting a lot of attention for a 5 year old thread !

[justindrew21]

Untangling precisely what happens to debt once death may be a very little tough. It depends on a variety of things, including:

The type of debt

Whether some other person may be a co-signer or has joint possession of the property securing the debt
Whether the deceased lives in an exceeding community property state
The laws of the state within which the person lived when they died

[Amethyst]

Fascinating