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    • BananaCustard
    • By BananaCustard 17th Jul 17, 3:19 PM
    • 3Posts
    • 1Thanks
    BananaCustard
    Repaying debt after death help
    • #1
    • 17th Jul 17, 3:19 PM
    Repaying debt after death help 17th Jul 17 at 3:19 PM
    Hi- not sure if this is the right place but I'm looking for some help with settling debt belonging to my father from his estate. I am the executor as he had no will and a small estate / no property. He has 1 outstanding debt which would not be covered by his estate. I informed the company straight away and provided the death certificate. His debt was forwarded to another company who then tell me that they forward deceased debts to yet another company - however this has not been done after 3 months. Each time I ring I am assured that this will happen and then I will be informed of their decision with regard to payment of the debt. I just want to get this cleared up and not hanging over me - does anyone know if there is any time limit on claiming of money from the estate if every attempt has been made by the executor. I do not stand to gain from the estate at all as I am a step daughter - but I have sisters who incurred a great deal of outlay during my father's prolonged illness - in hospital car parking / petrol etc - which it would be nice if they could have if the estate is not needed to pay this debt. Any feedback would be warmly recieved.
Page 1
    • sourcrates
    • By sourcrates 17th Jul 17, 4:12 PM
    • 11,929 Posts
    • 11,417 Thanks
    sourcrates
    • #2
    • 17th Jul 17, 4:12 PM
    • #2
    • 17th Jul 17, 4:12 PM
    Hi,

    here is a suggested letter -

    [Name & Address of DCA]


    Dear Sirs,

    In the case of [Full Name] (Deceased)

    I write in respect of the above named person who died on [date of death] and of whose estate I am the appointed executor.

    It has come to my attention that your company has sent correspondence to Mr [Dads Surname] last place of residence, containing various demands in respect of alleged debts for which no proof has been provided. As executor of Mr [Dads Surname] estate, I have a duty to ensure that only lawful debts are paid from the estate and to ensure any claims on the estate are proven, and to prevent all and any fraudulent claims being made.

    Of the correspondence addressed to Mr [Dads Surname] from your company I can find no conclusive evidence or proof that the estate is liable for the alleged debt.

    Within the next seven calendar days of your receipt of this letter, I shall expect your company to provide me with conclusive evidence and proof that the estate is liable for the alleged debt. I shall also expect you to notify the Original Creditor of this and for them to produce all original documents to prove the alleged debt.

    For obvious reasons, I can only accept original documents and any documents tendered which are or which I with reasonable cause suspect to be forgeries or fraudulent in any material respect will be referred to the relevant authorities for investigation and necessary action.

    As stated above, your company and the original creditor have seven calendar days from receipt of this letter in which to provide conclusive evidence and proof of the alleged debt and liability of the estate for the said alleged debt.

    Yours faithfully,

    xxxxxxxxxxxxx

    Executor for the estate of the Late [Full Name]

    Impose your own time limit on them, unsecured debts are bottom of the list for payment in cases such as this, if theirs nothing left after funeral and other essential expenses, then thats there hard luck, and the debts will be written off.

    Dont be messed around by these people, or feel the need to chase them up over this matter, impose your own time limit on them, if they dont comply with the letter, they dont get anything.
    Last edited by sourcrates; 17-07-2017 at 4:51 PM.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • BananaCustard
    • By BananaCustard 17th Jul 17, 10:44 PM
    • 3 Posts
    • 1 Thanks
    BananaCustard
    • #3
    • 17th Jul 17, 10:44 PM
    • #3
    • 17th Jul 17, 10:44 PM
    Thankyou Sourcrates

    I had wondered about imposing a time limit on them. I'm sure if my father had ever defaulted on a payment they would be straight on the phone!
    • sourcrates
    • By sourcrates 17th Jul 17, 10:47 PM
    • 11,929 Posts
    • 11,417 Thanks
    sourcrates
    • #4
    • 17th Jul 17, 10:47 PM
    • #4
    • 17th Jul 17, 10:47 PM
    Thankyou Sourcrates

    I had wondered about imposing a time limit on them. I'm sure if my father had ever defaulted on a payment they would be straight on the phone!
    Originally posted by BananaCustard
    Very true yes, good luck with it !!!!
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
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