Need advice on two scenarios..

Dan0956

Not sure if this is the best sub-forum but as its about money, i thought why not.......

I have 2 issues!

Issue 1

---

2 weeks ago my dad died of cancer. We wernt very close and often argued. I have a younger step sister (24) who he was very close to, me and him were never close (im older)

I live in manchester, he has lived in liverpool for the past 15 years with a partner. He got buried in liverpool as per his partners wishes.

My dad has never been good with money and as such has none and has left none, he didnt even do a will. When he checked himself into marie-curie which is a hostice where you go to die, he put my sister as his "next of kin"

Now the discussion of funeral cost (around £3500) is rearing its head. His partner thinks me and my sister should pay and she doesnt want to pay as "she has paid enough for him over the years" - he was a gambler.

I refuse to pay as he never gave me a penny growing up (him and mum split when i was 1), he never paid a penny in child support or anything.

Where do we go from here?.......

---

Issue 2

---

About 10 years ago my mum got me a computer on finance under my name. She was to pay it off but it dragged for ages. She had a final payment of £115 to pay which she did by going into the local bank and paying over the counter. (this was about 4 years ago)

Since then, even though the debt has been cleared, the debt has been passed from debt recovery agency to another and i keep getting letters about it.

We have told them we have paid but they want proof.... problem is my mum has since switched banks and she cant remember when exactly she paid the money but she knows she did. She cant remember to the year even, its been going on so long.

Im still getting letters from teh debt people, its a black mark against my name and i cant get rid of it. my mum refuses to pay again out of principle but is struggling to get the proof as shes no longer with bank and cant remember when.

I know 100% she did make the payment. Where do we go from here?

GeorgeUK

Issue 1
Sorry for your loss Dan.

Who organised the funeral? It will be that the person that made the actual arrangements with the funeral director that will be liable. The money can then be reclaimed from the estate (if any).

Did he have a pension or life assurance? Could these have a death benefit clause?

Here are some links with some answers and questions.
http://www.mariecurie.org.uk/whatwedo/patient-carer-information/topic-of-month/paying-for-funeral.htm

Issue 2
Slightly grey area i'm afraid.

Even if your mother could find a copy of the statement from the bank it may not be suitable as proof. Was this the final balance owed for the debt or was it a partial settlement? If it was a partial or short settlement then they will argue that there is still a balance outstanding.

If it was the full balance that was paid off, she could send a subject access request to the bank which under the Data Protection Act will provide her with a copy of all the data the bank holds on her. This should include payment details. As i said though - they may not even accept this as proof.

If no payment has been made towards the debt for 4 years and you have not acknowledged the debt in writing during that time, then when it reaches 6 years the debt will be statute barred.

Have you checked your credit file?
When was the debt defaulted? (first missed payment)
They may put a default on your credit file, but it should be within 6 months of the actual default date and will stay on your file for 6 years.

Dan0956

Subject 1, Thanks for your help, it was my partners son and her that sorted the funeral.

Subject 2, I do have the £115 on my file as when i did a mortgage check (to see if i could get one) they mentioned the £115 on my file but said its not a problem. The £115 was a final payment and that figure has not gone up in years. Ive had letters over the 4-5 years from different debt companies all wanting the same amount. we have told them all teh same thing, its been paid to the first debt company that got in touch with us.

i think whats happened is that company went bust and the debts were transfered to another company but ours got transfered over even though we paid it.

My mum intends to go to the bank she left next week to see what they can do, but i dont hold much hope !!

what does "debt will be statute barred" mean?

GeorgeUK

If no payment has been made for 6 years (5 in Scotland) and not acknowledged in writing, then it is statute barred - this means that although the debt will still exist, they cannot enforce the debt; even through the courts. They will be able to ask you to pay, but if you inform them in writing that you will not, they will not be able to contact you agian about the debt.

There is a template letter on the board somewhere if you ever need it.

Dan0956

Thanks george. they have been writing to me (at my mums address where i no longer live) for years now. My mums attitude is that "shes paid it, so they can get lost" my attitude is.... "its a black mark against my name, i want it gone"

i cant be sure if it has been 4/5/6 years to be honest, its been going on along time

Dan0956

george, sorry to sound thick, but where is this form i would need and which one is it?

GeorgeUK

Do you mean for the statute barred letter?
Hang on and i'll try to find it.

Edit: https://forums.moneysavingexpert.com/discussion/comment/11571227#Comment_11571227

Have a look at the letter above this one too - the 'prove it' letter.

Dan0956

just had confirmation from my mum, it was the final payment and it was more that 6 years ago !!!

Dan0956

just an update on number 1. my dads partner is under the impression as they only "lived" together and never got married that she is not liable and his kids are. Not just talking funeral costs, talking about any debts he may have

NorthernLas

Dan - Any funeral costs and debts should be paid by your Dads estate. If there is no money then whoever organised the furneral is liable as they signed the contract with the funeral director. Any debts would be cancelled but the person sorting out your Dads estate or lack of would need to do this.

See this link to infor from Government about what happens http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/DebtsAndArrears/DG_10013093

WASHER

Dan,


Get advice from the CAB. I don't think for one moment you are liable for these debts or the funeral.

Did she own a property with your father? Did he have "an estate", if so, the money for the debts should come from there.