debt collection agencys and estate?

sjlwthrs

Hi, wondering if anyone can help me, my father recently passed away and we're trying to sort out his estate. I've found a couple of old letters from a company called lowells portfolio 1 ltd. Will this company have any claim on his estate as looking at some of the posts on here about them they sound like a bunch of crooks!
Thanks in advance for your help.

Crabapple

I've had a quick look on here to see what you've already found out about Lovells. It looks like they are a company who buy old debts (often statute barred ones) and try to enforce them.

The answer is that they might have a claim against the estate but that would depend on how recent the debt is, so whether it can be recovered or they are out of time. It will also depend on whether matters were dealt with by your father.

Normally we'd say contact a creditor and ask for details. I think with this kind of company the best thing would be to gather all correspondence from them that you can find and then get copies of your father's credit reports (don't know quite how easy/difficult this is for a deceased person). You need to find out where and when this debt may have arisen.

Don't contact Lovells direct at this stage until you know what debt they may be chasing. If new letters do arrive just send a copy of the death certificate back.

If you can pinpoint the debt concerned then I'd look on here for the various letters to write when debts are statute barred etc. You've already found the right areas of the forum.

If by some strange chance the debt is recent then it will need to be paid if there are assets available, but don't rush into that, make sure all the assets and liabilities have been itemised first.

Buzby

In the case of the deceased, it is up to the creditor (or their agent) to make their claim within a reasonable time following the issuing of the death certificate. If they do not, any claim is void - especially as you (probably) have no mechanism to verify their claim is correct.


I'd leave it up to them to make the first move, but it would be unlikely they will.

sjlwthrs

Thank you for the quick replys. It is an emotional time as we still haven't had the funeral yet (crematorium backlog), but looking at the paper work he has left us to sort out, I think we may be in for a rough ride. Tax owed, unpaid loans, pensions he hasn't taken, he should of retired 2 years ago, no will and the list goes on.

Crabapple

Buzby wrote: »

In the case of the deceased, it is up to the creditor (or their agent) to make their claim within a reasonable time following the issuing of the death certificate. If they do not, any claim is void - especially as you (probably) have no mechanism to verify their claim is correct.


I'd leave it up to them to make the first move, but it would be unlikely they will.

I should say there are some differences between Scotland and England & Wales so it may depend where the deceased lived. I note Buzby is in Scotland and I only know E&W.

Whoever administers the estate should advertise for creditors and if no-one comes forward during the specified period then the debts cannot be enforced against the estate. If funds have been distributed without advertising then the personal representatives may be held liable and the debt still claimed.

Gather as much information as you can from the recent correspondence, and feel free to come back here for more advice when you are ready.

The priority is not dealing with the paperwork, so try and focus on your family for now and worry about the rest later.

Savvy_Sue

sjlwthrs wrote: »

Thank you for the quick replys. It is an emotional time as we still haven't had the funeral yet (crematorium backlog), but looking at the paper work he has left us to sort out, I think we may be in for a rough ride. Tax owed, unpaid loans, pensions he hasn't taken, he should of retired 2 years ago, no will and the list goes on.

I am sorry to hear that.

Take it slow and steady. If there's any chance of the estate not being able to pay all the debts, then it may be simplest to do nothing at all to adminster the estate and let those who are owed money do so.

getmore4less

as above check the solvency, a couple of links a search will find more.


http://www.bereavementadvice.org/probate-and-other-legal-procedures/insolventestates.php

http://www.step.org/insolvent-estates

Savvy_Sue

getmore4less wrote: »

as above check the solvency, a couple of links a search will find more.


http://www.bereavementadvice.org/probate-and-other-legal-procedures/insolventestates.php

http://www.step.org/insolvent-estates

Thanks for the links, my words had gone and I couldn't remember what the OP should look for!