debt after death: dad has same name as grandad

miss_marsters

Hi,

Was wondering if you could help me? my grandad passed away in 2000 leaving debts behind. He has the same first, middle and surname as my dad. DCAS have been contacting my dad, who has been trying to tell them hes not my grandad, now they are telling him he needs to find the excuetor of the will, but my dad is unclear of who this is and my nana isnt much help.

My question is does my dad have to chase this info for them? or is there a letter he can send to get them to sort it out themselves

Many thanks,
Kayleigh

Marisco

Hi Kayleigh, it's not up to your dad to prove anything! It's up to them to prove who owes the debt. Also if your grandad died in 2000, then the debts will be statute barred after 6 years, so they cannot do anything about it. Get your dad to send a prove it letter, I think there is a template for one here somewhere, someone will know where it is.

kittiej

Just because you have the same name does not make you all the same person.

My mother had the same problem only the other woman lived about 300 miles away and she hadn't a clue about her.

Have they actually confirmed the DOB?

pipsi_2

I've had a similar thing, a company started chasing me a few years ago, they had my first name but spelt differently and the same surname, my name is unusual so i guess they just assumed i was the same person. When i pushed them on it they disclosed the DOB of the person which was different to mine, in the end it turned out the loan or credit card or whatever it was was taken out when i was 16 so there was no way it could have been me anyway. I just refused to give them any information, repeatedly told them it wasn't me and the gave up after a while.

miss_marsters

kittiej wrote: »

Just because you have the same name does not make you all the same person.

My mother had the same problem only the other woman lived about 300 miles away and she hadn't a clue about her.

Have they actually confirmed the DOB?

I'm not entirely sure about the DOB i'll try and get some more info tomorrow. My dad did say that they have said they know its not his debt, but they seem to want my dad to do all the legwork in finding out about the excutor of the estate. My grandad did have life insurance (i think!) though how much is left is anyones guess

he has a copy of his death certificate should he send this with a prove it letter?

WRINKLES

miss_marsters wrote: »

I'm not entirely sure about the DOB i'll try and get some more info tomorrow. My dad did say that they have said they know its not his debt, but they seem to want my dad to do all the legwork in finding out about the excutor of the estate. My grandad did have life insurance (i think!) though how much is left is anyones guess

he has a copy of his death certificate should he send this with a prove it letter?

No just send the prove it letter , do not help them , you do not have to prove anthing , these rotten companies do not deserve your help this debt can not be enforced through the courts .

NorthernLas

Here is a link to the prove it letter http://forums.moneysavingexpert.com/showpost.html?p=33792241&postcount=37

I would agree with other posters that it is up to the DCAs to prove that the debt is your fathers. Also after all of this time the debt surely is statute barred (here is the link to the statute barred letter http://forums.moneysavingexpert.com/showpost.html?p=33791957&postcount=25).

He may want to speak with National Debtline just to confirm what can and can't be done with the old debts.

WRINKLES

Iwould make a complaint to trading standards and the office of fair trading .

magpiecottage

WRINKLES wrote: »

Iwould make a complaint to trading standards and the office of fair trading .

No - have a look at this thread and my template letter.

The breach is paragraph 2.8J "requiring an individual to supply information to prove they are not the debtor in question".

WRINKLES

magpiecottage wrote: »

No - have a look at this thread and my template letter.

The breach is paragraph 2.8J "requiring an individual to supply information to prove they are not the debtor in question".

Thank you magpiecottage , i have put this thread in my favourites .

miss_marsters

Hi just got the orginal letter sent to me, the people wanting the payment are APS (assisted probate services) they are writing to the executor of the estate (through my dad) They want him to pass the information on about the executor. They talk in the letter like my grandad is just dead, but hes been dead for 10 years.

What do i need to send to them to get them to drop this?

Kayleigh

p.s should i include the death certificate?