Jeremy Sutcliffe & Co Solicitors - Yorkshire Bank

Gavinr01

Hi,

I hope someone can help.

My Grandad died in March 2003 apparantly with a loan oweing to the Yorkshire Bank for £8000 - my Grandads estate is now long closed and settled however a company called Jeremy Sutcliffe & Co claiming to be working on behalf of the Yorkshire Bank have now in November 2009 written to my Grandma stating that at the time of my Grandads death they contacted the solicitor dealing with the financial affairs and that the loan needs to be repaid in full by my Grandma! Can she be liable for a debt that wasnt hers?

I have since advised her to respond asking for a copy of the original loan agreement - they have responded with a copy of an unsigned loan agreement!! All details are complete but no signatures at all. How can this be a valid document?

Are they able to proceed with persual of this debt given the circumstances? What is the next step you would advise?

Thanks in advance

fermi

Unless she was a joint signatory to a loan agreement, then the debt is not her responsibility.

Are you sure this was not the case?

If she is not then all they can do is seek repayment from whatever was in your Granddad's estate. If there is nothing for them in it, then they will be forced to write the debt off.

When requesting a copy loan agreement the creditor is legally entitled to omit the signatures from any copy. Daft, but true.

What you should really do is write to them requiring that they provide evidence of her liability. If they can't provide anything undisputable, then it would be unfair practice for them to continue to pursue the matter.

I should just add that should they attempt to take this to court, you would then have a right to demand that they produce the original signed agreement to support their claim. Once it goes to court you then have a legal right to demand this.

So maybe a letter along these lines?

Dear Sir/Madam

Ref: xxxxxxxxxxx

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

We would point out that we have no knowledge of any such debt being owed to The Loan Company in my name.

We would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore, ignoring and/or disregarding claims that debts have are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

We would ask that no further contact be made concerning the above accounts unless you can provide evidence as to our liability for the debt in question.

Please note that should you attempt legal proceedings, you will be required to provide full evidence supporting any liability you are claiming; including, but not limited to, a genuine signed copy of any credit agreement you claim exists.

We await your written confirmation that this matter is now closed.

Otherwise we will have no option but to make a complaint to the trading standards department, and consider informing the OFT and the Solicitors Regulation Authority of your actions.

We look forward to your reply.

Yours faithfully

Gavinr01

Hi,

Thanks for taking the time to respond its a help

The loan agreement was not a joint one (she wasnt a joint signatuory), however the repayments where made from a joint account (both Grandma and Grandad) My Grandma didnt have any knowledge of this.

There was money in my Grandads estate that was distriduted to various parties including my Grandma, does this mean they can now persue her for the outstanding? The estate is now closed

Taking the above into account would you now send your advised letter?

Tozer

Good letter. The fact that it was a joint account does not by itself make any difference to the liability to repay the loan.

ALIBOBSY

My understanding is the responsibility fro settling all debts before paying out to beneficiarys is down to the executor of the will. If they were a solicitor sounds like they have messed up and will have to sort it out.
Another issue is the fact that this debt (whoever is liable) is now outside the 6 year statute of limitations.

May be worth a one off solicitors chat or someone like CAB just to suss out the exact legal postion.

Good luck
ali x

fermi

ALIBOBSY wrote: »

Another issue is the fact that this debt (whoever is liable) is now outside the 6 year statute of limitations.

Good point. Didn't notice the initial date when I first read that.

Link: Statute barred debts - Links and letters.

Gavinr01: Have a read through the info in the link above, and I should think take some advice.

Assuming upon advice it is statute barred, then you would be best adding some of the info in the SB template letters to the one above.

In other words, you dispute the liability, but should the liability be hers you contend that the debt is statute barred and unenforceable regardless.