Do executors have to pay a disputed debt?

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  • elsien
    elsien Posts: 32,683 Forumite
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    Missmarch17 wrote: »
    We are still no further forward, still the company claim they can recover the money without providing any evidence what so ever!

    They can claim what they like - it doesn't make it true.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • Missmarch17
    Missmarch17 Posts: 18 Forumite
    The complaint was opened in November, initially I thought it must be a silly error which would be easily rectified, so it was dealt with over the phone, by January I switched to email communication as they kept altering their story and I wanted a paper trail.
    I have heard nothing from them since the beginning of march.
    So far more than 8 weeks have elapsed.
    I want closure as I do find it very stressful, I don't know if my best course of action is the regulator or wait to see if it goes to court and fight it there?
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    Regulator first. There are time limits for making a complaint.
  • TBagpuss
    TBagpuss Posts: 11,199 Forumite
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    Yes, contact the ombudsman now.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • JSmith321
    JSmith321 Posts: 56 Forumite
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    Does anyone know if an executor has to provide information to a debt collection agency after the estate has been distributed where the correct process has been followed - e.g. Section 27 London Gazette. I presume an executor's responsibility ends following the distribution of the estate after creditors were given sufficient time to come forward specified in the gazette. The Will and Gazette entries are in the public domain I believe so why would the DCA need to contact the executor?
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    JSmith321 wrote: »
    Does anyone know if an executor has to provide information to a debt collection agency after the estate has been distributed where the correct process has been followed - e.g. Section 27 London Gazette. I presume an executor's responsibility ends following the distribution of the estate after creditors were given sufficient time to come forward specified in the gazette. The Will and Gazette entries are in the public domain I believe so why would the DCA need to contact the executor?
    Assuming the executors have followed the rules and published the stautory notices they are exempt from further action. However a creditor can still pursue the beneficiaries. If the excutor has followed the rules I don't think they have any obligation to assist the debt collectors. The will is in the public domain so the ceditor can buy a copy if th want one.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    JSmith321 wrote: »
    Does anyone know if an executor has to provide information to a debt collection agency after the estate has been distributed where the correct process has been followed - e.g. Section 27 London Gazette. I presume an executor's responsibility ends following the distribution of the estate after creditors were given sufficient time to come forward specified in the gazette. The Will and Gazette entries are in the public domain I believe so why would the DCA need to contact the executor?

    The section 27 is not a catch all.

    first port of call for a creditor is the administration.

    depending on the debt it may not be covered by the S27.
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    Care to explain why? When would this be the case?
  • Geoff1963
    Geoff1963 Posts: 1,088 Forumite
    First of all, sorry for your loss. What goes without saying, shouldn't always go without saying.

    I would want the company to formally state that they have no further intention of chasing the alleged debt. Just stopping contact, isn't giving you the peace of mind you want.

    You could say that if they don't write such a letter, you'll get a solicitor to ask them; and they'll get the bill.
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    edited 19 June 2017 at 10:07PM
    Geoff1963 wrote: »
    First of all, sorry for your loss. What goes without saying, shouldn't always go without saying.

    I would want the company to formally state that they have no further intention of chasing the alleged debt. Just stopping contact, isn't giving you the peace of mind you want.

    You could say that if they don't write such a letter, you'll get a solicitor to ask them; and they'll get the bill.
    There is no need to go to that expense. The electricity supplier has a complaints procedure that has to be followed before involving the Ombudsman.
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