Deceased with outstanding LOAN with Hitachi Capital

fatbelly

Twilighter wrote: »

The solicitors have got back with me saying that they understand no estate has been left but now its the persons responsibility who owns the sofa to pay the remainder of the balance, or sell the sofa and pay off the debt.

fatbelly wrote: »

Hitachi usually take county court action to recover the outstanding balance. They can try it in this case, taking action against the estate. But it would be pointless if it is agreed there is no estate.

So they're saying now that they WILL take action against you as the personal representative of the estate, even though they understand that no estate has been left!

Well, that's a hearing I'd like to eavesdrop on!

Twilighter

** UPDATE ** Advice needed ASAP

Hi everyone, as you are aware I wrote off to the solicitor echoing basically what yous lot have advised me and I recieved this today off soloicitor

"We acknowledge receipt of your email of 24 November 2011.

The furniture the subject of the agreement is an asset of the estate of the late (my nans names) and therefore, any such assets should be liquidised and the proceeds used to discharge the debts and liabilities of the estate.

We have been instructed, therefore, to request that the furniture be sold and that the proceeds of sale be paid to us in at least partial discharge of the balance outstanding to our client.

We look forward to hearing from you in due course with your proposals."

Now im very confused at what I need to write to them.

There are fully aware that the sofa was delivered to another address (not my nans) and on the agreement the guy even wrote "buying for granddaughter".

So how can the sofa be a asset of my nans estate when my nan didnt have it ......... and they are aware NO ESTATE has been left.

I would be very gratefull if someone could give me some advise on what to do now.

Thanks in advance

molerat

The second word in the letter would be "off" (refer them to arkell and pressdram). I cannot believe they are pushing this.

poppasmurf_bewdley

Write back and tell them you're fed up with talking to idiots, and tell them to do whatever they want as there is no money available and the furniture is no longer available, and you will be very happy to prove both statements in court. Send it recorded delivery.

Tixy

I would write to them (send recorded) and refer to their latest letter. State that the sofa is not as asset of the estate of [nan] as it was gifted to a third party by [nan] in 2009.
The only reason I would consider writing to them again is because the last letter went by email and its preferable to send it by postal recorded.

You might also state that the estate has priority debts of £X regarding funeral expenses that remain outstanding and even if any further assets were identified these would not cover the cost of these priority items and there will absolutely not be any funds remaining in the estate to make any payment with regards to this debt.

boo2410

How about going to the CAB and getting them to write on your behalf. It might just add a bit of clout as they really are trying it on. Did you email the CEO??

chesky369

Go to your local MPs surgery and ask for their help - they will just LOVE this one.

Twilighter

Thanks for the advice guys. Really appreciate it.

Ive recieved more bad news .... not only have I recently lost my nan, now im dealing with solicitors who keep harrassing me, but I was told yesturday im been made redundant from my job

And theres me thinking this year couldnt get any worse. Im really at breaking point now, and I could be doing without this stress from these solicitors

polly5

I cant give you advice, but big hugs to you

ALIBOBSY

Twilighter what a rotton time you are having, we all have those times when life just seems to kick you down then put the boot in.
OH has been made redundant for the second time in 2 years so I feel your pain.Thats bad enough without having to deal with the idiots at hitachi.

I would do one more letter as the other posters suggest-sent recorded delivery so they can't deny they have had it.
State one final time there is no estate to pay from and the sofa is gone-tixy sums it up well that nothing is left to pay them and even if something was there the funeral etc would need to be covered first.
Either do the letter yourself or ask someone like CAB to help you-include in the letter the statement that this is your final response regarding this matter and you will not enter in further correspondance regarding the issue.
Send it off and try to forget about it.

Sending a virtual hug, remember the hard times always pass and make the good times so much more welcome and enjoyed.

Ali x