Do executors have to pay a disputed debt?

Missmarch17

Hi, I am joint executor of my fathers will along with my husband.

We are having trouble with a utility company who are claiming that my dad had an outstanding debt of over £4500.
We are disputing the bill as my father was on a prepayment meter and had a credit balance of £140 when he died. No debt showed on the machine.
The company claim that the debt was run up over a period of up to 8 years before the prepayment meter was fitted, however my dad only lived at the property for 4 years before the prepayment meter was fitted.
Despite repeated requests the utility company are refusing to send copies of any bills covering the entire time my dad had an account from 2007 up until his death.
The company have also already issued debt collection letters to my home address threatening bailiff action, despite the fact we are still going through the complaints procedure and probate has not yet been granted.
There is no money left in my dads bank account after his funeral costs are covered, we have incurred costs ourselves to completely pay for the funeral.
The house he owned has been left to me, but has a lifetime mortgage which will need paying off. I just really do not want to pay such a large sum of money which I do not believe is actually owed. The utility company claim they do not need to prove the money is owed in order to recover it, surely this is not right?

Thank you for reading, any advice would be appreciated.

Stevie_Palimo

Speak to these below :-

https://www.ombudsman-services.org/energy.html

In the meantime tell them to bog off until they can show proof of the debt in full. Also state it will be dealt with in writing only.

Yorkshireman99

Stevie_Palimo wrote: »

Speak to these below :-

https://www.ombudsman-services.org/energy.html

In the meantime tell them to bog off until they can show proof of the debt in full. Also state it will be dealt with in writing only.

The OP also needs to keep detailed records of all comunications to and from the company. If they do take him to court then he can produce all the paperwork to prove his case.

Missmarch17

They are refusing to send proof of the debt (bills) as they say they have been put in archives, as the alleged debt dates back so far.
They refuse to send any recent bills either but will not explain why.
I am a little nervous to go to the ombudsman in case they just side with the utility company.

Missmarch17

At what stage would this go to court? I thought it would go to court before threats of bailiffs? However we have already had letters threatening bailiff action, even though we did not holkd the account and it was not at our property.

Yorkshireman99

Missmarch17 wrote: »

At what stage would this go to court? I thought it would go to court before threats of bailiffs? However we have already had letters threatening bailiff action, even though we did not holkd the account and it was not at our property.

Is there a will? If so who is the executor? Don't miss the point that YOU owe nothing. Any debt, if it even exists is owed by the estate. The cannot successfully sue you as an individual but might if you are the executor.

Voyager2002

It sounds as if you are being hassled by a debt collection agency acting in the name of the company. The behaviour that you describe would be unprofessional under any circumstances, and is inexcusable in the aftermath of a bereavement. I urge you to complain to the Ombudsman about the behaviour of this company.

And yes, they need to provide evidence of the debt before expecting it to be paid, and the discrepancy about dates does suggest that the money might not be owed. Ultimately it would be up to a court to decide this, and if the company cannot produce records their chances of winning in court are vanishingly small.

pollypenny

In a situation like this I would be tempted to contact the press, ie one of the trouble-shooters on the financial sections of a broadsheet.

I've read such complicated situations, and their resolutions, in The Guardian. I'm pretty sure The Times has similar pages.

Missmarch17

Yes there was a will, myself and husband are joint executors. We are awaiting grant of probate. He has left a small cash gift to a friend which I will pay from proceeds of the house along with the lifetime mortgage which is owing.
I am just very concerned at the prospect of paying such a huge amount that I simply do not believe is owed.
He was in credit with every other bill and was a stickler for paying everything on time, it just doesn't add up.

getmore4less

Perfect for Martin and his weekly TV program.

http://www.itv.com/hub/the-martin-lewis-money-show/2a1827

Yorkshireman99

Missmarch17 wrote: »

Yes there was a will, myself and husband are joint executors. We are awaiting grant of probate. He has left a small cash gift to a friend which I will pay from proceeds of the house along with the lifetime mortgage which is owing.
I am just very concerned at the prospect of paying such a huge amount that I simply do not believe is owed.
He was in credit with every other bill and was a stickler for paying everything on time, it just doesn't add up.

The utility company have to prove the debt just like any other creditor would have to. You may need to go further up the organisation to get a result. Be firm, polite and don't allow yourself to be bullied.