• Welcome to the LegalBeagles Consumer and Legal Forum. Please register to get the most out of the forum. Registration is free and only needs a username and email address.
  • LegalBeagles® is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

    Please do not post your full name, reference numbers or any identifiable details on the forum.
  • A free service which provides vulnerable consumers the ability to record their personal circumstances at a given point in time when they are looking to protect themselves against further debt or related financial problems. This is done either by self-exclusion from credit and financial promotions or to slow down the credit application process.
    Vulnerable consumers can register for FREE

    REGISTER

    Check if the Debt Collection Agency/Debt Purchaser contacting you is using the VRS register.

    CHECK NOW
    .

debt after death

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • 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
    Tags: None

  • #2
    Re: debt after death

    Originally posted by tonto33 View Post
    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
    The advice I give and draft letters provided are drawn from personal experience and career training and are given freely and without liability.

    Please make your own decisions with care and if necessary seek qualified legal advice. I will not advise by private message. If you'd like me to look at your post please tag me in your post by typing @nemesis45;.

    If you receive messages from anyone offering advice for a fee please report it to the site team.


    Animo et fide.

    Comment


    • #3
      Re: debt after death

      Completely agree with Nemesis....was there PPI on the Loan? Surely death is covered by the policy
      "Family means that no one gets forgotten or left behind"
      (quote from David Ogden Stiers)

      Comment


      • #4
        Re: debt after death

        Originally posted by leclerc View Post
        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
        The advice I give and draft letters provided are drawn from personal experience and career training and are given freely and without liability.

        Please make your own decisions with care and if necessary seek qualified legal advice. I will not advise by private message. If you'd like me to look at your post please tag me in your post by typing @nemesis45;.

        If you receive messages from anyone offering advice for a fee please report it to the site team.


        Animo et fide.

        Comment


        • #5
          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.

          Comment


          • #6
            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!!

            Comment


            • #7
              Re: debt after death

              Originally posted by enaid View Post
              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

              Comment


              • #8
                Re: debt after death

                Originally posted by Debt Camel View Post
                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

                Comment


                • #9
                  Re: debt after death

                  Originally posted by tonto33 View Post
                  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
                  The advice I give and draft letters provided are drawn from personal experience and career training and are given freely and without liability.

                  Please make your own decisions with care and if necessary seek qualified legal advice. I will not advise by private message. If you'd like me to look at your post please tag me in your post by typing @nemesis45;.

                  If you receive messages from anyone offering advice for a fee please report it to the site team.


                  Animo et fide.

                  Comment


                  • #10
                    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

                    Comment


                    • #11
                      Re: debt after death

                      Originally posted by davisgraham View Post
                      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

                      Originally posted by davisgraham View Post
                      Hi,
                      I am a business attorney and so excited to share my knowledge with all community members.
                      Thanks!!
                      Di

                      Comment


                      • #12
                        Re: debt after death

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

                        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                        You and I do not see things as they are. We see things as we are.
                        Cohen, Herb


                        There is danger when a man throws his tongue into high gear before he
                        gets his brain a-going.
                        Phelps, C. C.


                        "They couldn't hit an elephant at this distance!"
                        The last words of John Sedgwick

                        Comment


                        • #13
                          Hi,
                          On the off chance that you bite the dust and have no home, at that point, your obligations kick the bucket with you as they can't be reimbursed. Your relatives don't need to satisfy your obligations except if they have given individual certifications to those obligations. Your banks can sue your home for the installment of extraordinary obligations.

                          Comment


                          • #14
                            Getting a lot of attention for a 5 year old thread !

                            Comment


                            • #15
                              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

                              Comment

                              View our Terms and Conditions

                              LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                              If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                              If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

                              Announcement

                              Collapse

                              MONEY & DEBT

                              Help and support with all issues related to finances. If you’d like information on sources of free, regulated, debt help and advice you can visit the Money Advice Service. It's an independent service, set up by the government to help people make the most of their money.
                              See more
                              See less

                              Court Claim ?

                              Guides and Letters



                              Search and Compare fixed fee legal services and find a solicitor near you.

                              Find a Law Firm


                              Loading...
                              Working...
                              X