Can council demand bank details

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Comments

  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    I would take the stance the estate was insolvent after funeral debts.

    There is no administrator for them to contact or deal with therefore if they wish to investigate the accounts prior to death they need to do so as a creditor of the estate.
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    edited 17 March 2017 at 7:30PM
    Ecb68 wrote: »
    The little funds in account were used to pay towards the funeral that's it. Dwp were also owed but have accepted the final balance sheet we sent them . Naively we were told as there was less than £200 to close account and use money towards funeral so we did!
    In which case you are in the clear. The council will get nothing. Just write and explain the circumsatnces. If they still insist tell them they will have to pay the bank for the copies..
  • FreeBear
    FreeBear Posts: 14,595 Forumite
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    getmore4less wrote: »
    There is no administrator for them to contact or deal with therefore if they wish to investigate the accounts prior to death they need to do so as a creditor of the estate.

    The council already have the powers to access the account information (via their fraud investigation unit), so if they won't accept the information that has already been provided, they can get it themselves.

    That said, I would be very surprised if the bank released statements to the OP without the appropriate LoA - To do so would be in breach of client confidentiality and the Data Protection Act (in my opinion).... Thinking about it, I'd be inclined to tell the council that the DPA prevents the OP from getting the statements from the bank.
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  • Dr_Crypto
    Dr_Crypto Posts: 1,211 Forumite
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    The DPA doesn't apply to the dead.
  • securityguy
    securityguy Posts: 2,462 Forumite
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    "The DPA doesn't apply to the dead."

    But common-law duties of confidentiality usually do.
  • 74jax
    74jax Posts: 7,921 Forumite
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    If the account only had £200 did the local authority pay for the funeral? Would they not already have evidence in which case of no funds or anything to sell to pay off debts.

    Did they live in council funded accommodation so you can prove they had nothing of worth to sell?
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  • Linton
    Linton Posts: 17,120 Forumite
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    What is the problem with giving the council the bank statement if the bank will print you off one? Didnt they send you a closing statement when the bank account was closed? There was no charge when I had one printed.

    Being awkward may give them reason to believe there was something to hide.
  • Ecb68
    Ecb68 Posts: 7 Forumite
    No problem but they gave me a final balance not statement they want to charge for it I don't have the money
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    Ecb68 wrote: »
    No problem but they gave me a final balance not statement they want to charge for it I don't have the money
    HAve you written to the council explaining the details? Phoning is no good.
  • Marktheshark
    Marktheshark Posts: 5,841 Forumite
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    Instruct them to contact the legal administrator of the estate.
    You do not have to deal with the council unless you have letters of administration or applied for probate.

    If there is no administrator then there is no one for them to contact.

    Do not let them convince you that next of kin rubbish applies, if they become awkward ask them to contact the councils legal department so they can explain how this "law thing" works to them.
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