Being chased for late mother's debt which we were told was no longer due

ccmccm

Hi all, not sure if this was the right place to post this but it seemed the most appropriate place.

My mother sadly passed away in February of this year and I have been handling her estate. It's been fairly simple, she was renting, had very little cash/inheritance and the only debt was a therapeutic chair handling on credit through Creation.

The credit agreement was fairly recent, last year I believe and so most of the balance is still outstanding (£2500-3000). Within days of her death my fianc!e had contacted all the required people but getting a response from Creation proved difficult and they said they would try and get somebody from Phillips & Cohen Associates UK Ltd to contact us but in the mean time to cancel the direct debit. The next few months was a lot of chasing but could never get a response. We were hoping we could return the (nearly new) chair and just write off the balance, or in worst case would have to sell it on for a loss and pay the difference.

Finally, around a month ago we found out we were being charged for missed payments (standard £20-30 charges I believe) and when we called we were informed on a recorded phone call by Creation that the account would be closed, we were not liable for the outstanding balance and they did not want the chair back but that the missed payment charge would not be refunded. This was acceptable as obviously the balance was far greater than the charge. We specifically checked over and over again that we would not subsequently be contacted about the balance by themselves or anyone else and they guaranteed the account was settled.

Now a month later I have received a letter from Phillips & Cohen asking me to contact them to discuss the balance owed to their client and asking for details of the estate.

I have the date and time of the phone call but am unsure of what to do next. I thought I was so close to finally having everything settled and being able to move on but now they are backtracking.

Where do I stand on this? I understand they would be within their right to pursue the balance from the estate but after we have done our part and persistently contacted them both on returning the chair and/or the balance, to be told finally that they were closing it I am extremely frustrated and upset.

Would you advise I simply reply (email or letter?) stating Creation have informed us the account was confirmed closed on the specified date and the balance was no longer due?

Many thanks.

wealdroam

ccmccm wrote: »

Would you advise I simply reply (email or letter?) stating Creation have informed us the account was confirmed closed on the specified date and the balance was no longer due?

I would reply by letter along those lines.
Enclose a copy of the statement from Creation saying that nothing is owed.

bod1467

wealdroam wrote: »

Enclose a copy of the statement from Creation saying that nothing is owed.

That might be difficult ... OP said the statement was made by phone.

bris

Is there anything in the estate to pay the debt, after funeral costs? You said very little cash and renting so if there is nothing left you can't pay it anyway.


I am however very surprised they would just write of the balance, they usually want to see a copy of the death cert and ask for the estate details which they are doing now.

ccmccm

Correct, it was by phone only and I realised afterwards I should have asked for it in writing.

There is potentially enough money in the estate. The remainder in her bank accounts probably adds up to a couple of hundred more than the balance.

I too was surprised and had not expected them to write off the balance. I moved the chair out of her flat and it is taking up room. One of the reasons I was frustrated with no progress/response for months was because I wanted to know whether they would take/want it back or whether I should try to sell it etc.
When they said we did not have to pay the balance and they would not be seeking to collect the chair then that was just a pleasant surprise.

The frustration comes because we specifically asked in several ways and wanted confirmation because we didn't want to proceed with using the remainder of the money in the estate only to be asked for it a few months down the line. I expected something like this to happen so I asked over and over again to be told that there would be no further action. No death certificate required and we would not suddenly be asked for the money later.

I don't feel entitled - I understand what they are asking for is reasonable and what I originally expected so it is hardly a surprise. It is just irritating to be back to square one with plans for the chair when the last month has been budgeting around what we have been told, that the estate is essentially concluded.

Thanks for the replies and info you've provided so far.

wealdroam

ccmccm wrote: »

...when we called we were informed on a recorded phone call by Creation that the account would be closed, we were not liable for the outstanding balance and they did not want the chair back but that the missed payment charge would not be refunded.

Then why not ask Creation to dig out the recording of that call?
It was only a month ago, so might well be still available.

bod1467

You also have the option of sending them a Subject Access Request for copies of all data they hold about the account, including transcripts of phone calls. (They are allowed to charge up to £10 for this).

cookie365

Since you have a recording of the phone call, it's simple enough to send them a transcript and invite them to check their own records to confirm.

If the're not able to do so, point out that that's their problem.

hollydays

Is it possible you have a phone you could put on handsfree then ring them
On a mobile and play it to the ? This might be simpler

wealdroam

Perhaps the OP could make it clear just who recorded the call.
My thought was that it was Creation that did the recording, but I've already been wrong once in this thread.

unholyangel

we were not liable for the outstanding balance and they did not want the chair back but that the missed payment charge would not be refunded.

OP, is it possible there has been crossed wires and when they said "you aren't liable" they were talking about you personally rather than your mothers estate?