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  • FIRST POST
    • Missmarch17
    • By Missmarch17 1st Mar 17, 4:48 PM
    • 18Posts
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    Missmarch17
    Do executors have to pay a disputed debt?
    • #1
    • 1st Mar 17, 4:48 PM
    Do executors have to pay a disputed debt? 1st Mar 17 at 4:48 PM
    Hi, I am joint executor of my fathers will along with my husband.

    We are having trouble with a utility company who are claiming that my dad had an outstanding debt of over £4500.
    We are disputing the bill as my father was on a prepayment meter and had a credit balance of £140 when he died. No debt showed on the machine.
    The company claim that the debt was run up over a period of up to 8 years before the prepayment meter was fitted, however my dad only lived at the property for 4 years before the prepayment meter was fitted.
    Despite repeated requests the utility company are refusing to send copies of any bills covering the entire time my dad had an account from 2007 up until his death.
    The company have also already issued debt collection letters to my home address threatening bailiff action, despite the fact we are still going through the complaints procedure and probate has not yet been granted.
    There is no money left in my dads bank account after his funeral costs are covered, we have incurred costs ourselves to completely pay for the funeral.
    The house he owned has been left to me, but has a lifetime mortgage which will need paying off. I just really do not want to pay such a large sum of money which I do not believe is actually owed. The utility company claim they do not need to prove the money is owed in order to recover it, surely this is not right?

    Thank you for reading, any advice would be appreciated.
    Last edited by Missmarch17; 01-03-2017 at 4:49 PM. Reason: Spelling error
Page 2
    • Yorkshireman99
    • By Yorkshireman99 21st Mar 17, 7:06 PM
    • 2,790 Posts
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    Yorkshireman99
    I have gone through advice in step 12 as part of the formal complaints procedure with the company, they have now stopped replying.

    Do I go to the ombudsman?

    At what point would it go to court? Its causing me so much stress!

    If I thought there was even the smallest chance it was a legitimate debt I would have paid it.
    He was in credit with every single company except for this, and he owed BT £6 which obviously i paid as they sent a bill which showed why it was £6!
    Originally posted by Missmarch17
    If you have exhausted the company's own complaints procedure then you can complain to their regulator. The bottom line is still they want to sue the execuors then they will still have to prove the debt in court.
    • elsien
    • By elsien 21st Mar 17, 8:00 PM
    • 14,901 Posts
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    elsien
    We are still no further forward, still the company claim they can recover the money without providing any evidence what so ever!
    Originally posted by Missmarch17
    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
    • By Missmarch17 21st Mar 17, 8:09 PM
    • 18 Posts
    • 3 Thanks
    Missmarch17
    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
    • By Yorkshireman99 21st Mar 17, 8:38 PM
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    Yorkshireman99
    Regulator first. There are time limits for making a complaint.
    • TBagpuss
    • By TBagpuss 22nd Mar 17, 11:29 AM
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    TBagpuss
    Yes, contact the ombudsman now.
    • JSmith321
    • By JSmith321 19th Jun 17, 7:21 PM
    • 9 Posts
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    JSmith321
    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
    • By Yorkshireman99 19th Jun 17, 8:15 PM
    • 2,790 Posts
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    Yorkshireman99
    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?
    Originally posted by JSmith321
    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
    • By getmore4less 19th Jun 17, 8:16 PM
    • 29,472 Posts
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    getmore4less
    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?
    Originally posted by JSmith321
    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
    • By Yorkshireman99 19th Jun 17, 8:54 PM
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    Yorkshireman99
    Care to explain why? When would this be the case?
    • Geoff1963
    • By Geoff1963 19th Jun 17, 9:13 PM
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    Geoff1963
    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
    • By Yorkshireman99 19th Jun 17, 9:21 PM
    • 2,790 Posts
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    Yorkshireman99
    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.
    Originally posted by Geoff1963
    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.
    Last edited by Yorkshireman99; 19-06-2017 at 10:07 PM.
    • Keep pedalling
    • By Keep pedalling 19th Jun 17, 9:54 PM
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    Keep pedalling
    Care to explain why? When would this be the case?
    Originally posted by Yorkshireman99
    Possibly where the executor was made aware of the debt before posting the notice, assuming we are talking about the same dept mensioned in a previous post?

    http://forums.moneysavingexpert.com/showthread.php?t=5548140
    Last edited by Keep pedalling; 19-06-2017 at 10:19 PM.
    • Keep pedalling
    • By Keep pedalling 19th Jun 17, 10:16 PM
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    Keep pedalling
    I believe that if property is involved a notice must also be posted in a newspaper local to that property, so failing to do that could also be a reason that an S27 in the gazette does not provide total cover for an executor.
    • Yorkshireman99
    • By Yorkshireman99 19th Jun 17, 10:41 PM
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    Yorkshireman99
    I believe that if property is involved a notice must also be posted in a newspaper local to that property, so failing to do that could also be a reason that an S27 in the gazette does not provide total cover for an executor.
    Originally posted by Keep pedalling
    You are correct. Details below.

    http://www.legislation.gov.uk/ukpga/Geo5/15-16/19/section/27
    • getmore4less
    • By getmore4less 20th Jun 17, 7:25 AM
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    getmore4less
    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.
    Originally posted by getmore4less
    Care to explain why? When would this be the case?
    Originally posted by Yorkshireman99
    This is basic stuff

    It can get quite wide reaching but any debt the executors should have found or checked for.

    The obvious ones are Taxes and household related debts.

    The executor can't just stick a s27 notice and hope all the creditors spot it and ask for their money.
    • Yorkshireman99
    • By Yorkshireman99 20th Jun 17, 9:22 AM
    • 2,790 Posts
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    Yorkshireman99
    This is basic stuff

    It can get quite wide reaching but any debt the executors should have found or checked for.

    The obvious ones are Taxes and household related debts.

    The executor can't just stick a s27 notice and hope all the creditors spot it and ask for their money.
    Originally posted by getmore4less
    I well understand that but wanted to know what, if any, other undetected debts might not be covered by S27 as you alluded to?
    • getmore4less
    • By getmore4less 20th Jun 17, 12:29 PM
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    getmore4less
    I well understand that but wanted to know what, if any, other undetected debts might not be covered by S27 as you alluded to?
    Originally posted by Yorkshireman99
    Anything the executor should have looked for or spotted during the inquires and due diligence process.
    • Yorkshireman99
    • By Yorkshireman99 20th Jun 17, 12:45 PM
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    Yorkshireman99
    Anything the executor should have looked for or spotted during the inquires and due diligence process.
    Originally posted by getmore4less
    That is somewhat vague. We all know the standard sort of things but did you have something more specific in mind?
    • getmore4less
    • By getmore4less 20th Jun 17, 5:25 PM
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    getmore4less
    That is somewhat vague. We all know the standard sort of things but did you have something more specific in mind?
    Originally posted by Yorkshireman99
    It is supposed to be vague administrators are supposed to know their job, lay can get away with slightly lower standards.

    Take a self employed person.
    Extra care should be taken over identifying suppliers.

    These days for all, extra care should be taken identifying accounts that may only get one paper statement a year and on-line only.
    • Smiley Lady
    • By Smiley Lady 24th Jun 17, 10:53 PM
    • 9 Posts
    • 9 Thanks
    Smiley Lady
    What an awful situation for you to have to cope with! Your Dad has died and you are going through the thankless job of being his executor and being treated in a despicable way by this company with no compassion for your grief! Reading your post - legally - is paperwork not meant to be kept for 6 years? Surely an outstanding debt from 8 years ago can no longer be collected? Have you taken solicitor's advice ( the cost should come from your Dad's estate)?
    Good luck and I hope this is sorted out soon so you can grieve in peace!
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