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Debts but no estate to settle with.....

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My Dad passed away suddenly last summer leaving a fair amount of debt and no estate. All the banks and creditors quashed the debts except the HSBC who have been hounding my mum for months. Now she has received a nasty letter from MCS (which I gather is HSBC?).

The debt with the HSBC was a business account for which my Dad and a partner were responsible. The partner has been avoiding the bank and we cannot get hold of him as the business has since folded and he is not returning our calls. The bank are saying that unless he authorises it, my Dad cannot be removed from the account (as it was a joint account) even though we have provided them with a copy of the death certificate and a signed letter confirming that there is no estate!!??.
The amount is around £1600 and we have no means to pay this. The reaction of the other banks led me to believe that as my Dad had died so did his debts - can anyone advise why HSBC do not follow this principle? My Mum is so anxious and worried that it is making her ill.
Any help would be greatly appreciated.
Thanks

Comments

  • it could be because its a business account,but thats only my take on this.
    Have you asked the bank why they are taking this unlike the other debts have?
  • Yes, they just just pass us from pillar to post when enquiring! My thoughts are also that it may be because it's a joint and a business account but they are so unhelpful it is unreal.
  • bouncydog1
    bouncydog1 Posts: 2,696 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Are you able to speak to a solicitor - I think that some of them do half hour free cosultations - this could point you in the right way of legal rights. As a starter I would write to HSBC's representatives and tell them to stop contacting you by phone and put all future correspondence in writing.

    I would also provide them with the last known address for the other account holder (if you have it). They will have means of making additional enquiries.
  • Thanks, yes I think i will speak to a solicitor for some clarification.

    Thanks for your help
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