Credit card debit and death

chattychappy

antrobus wrote: »

No, 'technically' they could claim off the survivor i.e. the mother, in the OP's case. It's in s421a Insolvency Act 1986, and yes, they would need an an insolvency administration order. Whether the CC co would bother for £3,000 I do not know - it might depend on costs and recoverability thereof - but it would be an easy win for the CC co if they did.

Correct (I was being lazy). My post #12 in https://forums.moneysavingexpert.com/discussion/2403433 gives some more "technical" background and #18 on discretion. I don't think the position has changed since 2010 when I wrote it. It would be useful to know if CCs actually use these things for this scale of debt.

But until the CC gets the order, and the facts are as described (with the house being held as joint tenant) then the mother owes nothing. If they start going down the court application route, then I'd offer them a deal.