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Do I Have To pay It?

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  • chesky
    chesky Posts: 1,341 Forumite
    Eighth Anniversary 1,000 Posts
    Don't talk to them on the phone again. It's not a good idea and you might say things you later might regret when you reconsider them. Do everything by letter.
  • I would just get the appointment with the CAB and see what they say.
  • I used the £300 to pay his final tax bill, the utility companies wrote their debts off, as that is their procedure. As I have never signed any documents relating to the loan I can't see that I am responsible. They have had the death certificate. I have just posted the letter back to them saying the obvious, no longer at this address.
  • piglet74
    piglet74 Posts: 2,157 Forumite
    1,000 Posts Combo Breaker
    ^^^ I would keep doing this with any letter they send back "no longer at this address"

    Ps, sorry for your loss x
  • TonyMMM
    TonyMMM Posts: 3,424 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 19 March 2013 at 6:24PM
    I used the £300 to pay his final tax bill, the utility companies wrote their debts off, as that is their procedure. As I have never signed any documents relating to the loan I can't see that I am responsible. They have had the death certificate. I have just posted the letter back to them saying the obvious, no longer at this address.

    YOU cannot be held responsible for the debt , but the ESTATE of your partner is responsible.

    As the person who dealt with the estate that responsibility comes around to you -not to pay the debt yourself, but to show that the estate was handled correctly and that there are no assets to pay the debt.

    Keep an account of what money there was and how it was spent - if they persist you will need it to defend any claim against the estate/you.
  • TonyMMM wrote: »
    YOU cannot be held responsible for the debt , but the ESTATE of your partner is responsible.

    As the person who dealt with the estate that responsibility comes around to you -not to pay the debt yourself, but to show that the estate was handled correctly and that there are no assets to pay the debt.

    Keep an account of what money there was and how it was spent - if they persist you will need it to defend any claim against the estate/you.

    Our son actually dealt with everything to be honest, although it was a joint effort with regard to paying the bills. I am hoping that they will think £5k is not worth the pursuit, if they take it to court after what I have been told on here I can't fail to win the case, and that will cost them money. Thanks.
  • gb12345
    gb12345 Posts: 3,055 Forumite
    Our son actually dealt with everything to be honest, although it was a joint effort with regard to paying the bills. I am hoping that they will think £5k is not worth the pursuit, if they take it to court after what I have been told on here I can't fail to win the case, and that will cost them money. Thanks.

    Sorry, but I would disagree that you definitely have a cast iron case and a guaranteed win.

    As others have said, it all boils down to the ownership of the house. If you were joint tenants then yes the house automatically belongs to you and didn't form part of his estate - and therefore, they will not get anything back as his estate did not have the funds to repay (although you need to be prepared to prove this).

    If you were tenants in common, then I'm afraid that they do have a claim against his proportion of the equity in the house and they could well try and force you to sell to pay back what his estate owes them.

    You need to be 100% certain of the ownership of the house and if it is tenants in common then you need to be talking to them about how to sort out the problem.
  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You really need to take advice especially since later on on the thread you said you never married. If his estate was indeed part of the house then it may make a difference.

    See a solicitor
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • McKneff wrote: »
    You really need to take advice especially since later on on the thread you said you never married. If his estate was indeed part of the house then it may make a difference.

    See a solicitor

    It wasn't part of his estate, the house became mine on payment of the Insurance, which I actually paid. That has all been finalised, and the deeds have now been transferred to my name, there is no question of the house being sold.
    In fact for the last 3 years I was the only one paying the mortgage, so if they want to split hairs it was more mine that his.
    I know that I shouldn't bury my head in the sand, but I just want this to go away, that's why I returned the letter. They don't even know my name, so how can they chase me for a debt, it is ludicrous. It is too much to cope with I am trying to be level headed but he is barely cold and they are harassing. Do these people have no compassion.
  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I have said this twice, but you dont seem to be listening.
    Go and see a solicitor.
    You seem to be stuck in the the house is mine because it was transferred to me, you could well be wrong. A solicitor will tell yu the law, not the way you see it might be. Or people on a randon forum.
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
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