Do executors have to pay a disputed debt?

Keep_pedalling

Yorkshireman99 wrote: »

Care to explain why? When would this be the case?

Possibly where the executor was made aware of the debt before posting the notice, assuming we are talking about the same dept mensioned in a previous post?

https://forums.moneysavingexpert.com/discussion/5548140

Keep_pedalling

I believe that if property is involved a notice must also be posted in a newspaper local to that property, so failing to do that could also be a reason that an S27 in the gazette does not provide total cover for an executor.

Yorkshireman99

Keep_pedalling wrote: »

I believe that if property is involved a notice must also be posted in a newspaper local to that property, so failing to do that could also be a reason that an S27 in the gazette does not provide total cover for an executor.

You are correct. Details below.

http://www.legislation.gov.uk/ukpga/Geo5/15-16/19/section/27

getmore4less

getmore4less wrote: »

The section 27 is not a catch all.

first port of call for a creditor is the administration.

depending on the debt it may not be covered by the S27.

Yorkshireman99 wrote: »

Care to explain why? When would this be the case?

This is basic stuff

It can get quite wide reaching but any debt the executors should have found or checked for.

The obvious ones are Taxes and household related debts.

The executor can't just stick a s27 notice and hope all the creditors spot it and ask for their money.

Yorkshireman99

getmore4less wrote: »

This is basic stuff

It can get quite wide reaching but any debt the executors should have found or checked for.

The obvious ones are Taxes and household related debts.

The executor can't just stick a s27 notice and hope all the creditors spot it and ask for their money.

I well understand that but wanted to know what, if any, other undetected debts might not be covered by S27 as you alluded to?

getmore4less

Yorkshireman99 wrote: »

I well understand that but wanted to know what, if any, other undetected debts might not be covered by S27 as you alluded to?

Anything the executor should have looked for or spotted during the inquires and due diligence process.

Yorkshireman99

getmore4less wrote: »

Anything the executor should have looked for or spotted during the inquires and due diligence process.

That is somewhat vague. We all know the standard sort of things but did you have something more specific in mind?

getmore4less

Yorkshireman99 wrote: »

That is somewhat vague. We all know the standard sort of things but did you have something more specific in mind?

It is supposed to be vague administrators are supposed to know their job, lay can get away with slightly lower standards.

Take a self employed person.
Extra care should be taken over identifying suppliers.

These days for all, extra care should be taken identifying accounts that may only get one paper statement a year and on-line only.

Smiley_Lady

What an awful situation for you to have to cope with! Your Dad has died and you are going through the thankless job of being his executor and being treated in a despicable way by this company with no compassion for your grief! Reading your post - legally - is paperwork not meant to be kept for 6 years? Surely an outstanding debt from 8 years ago can no longer be collected? Have you taken solicitor's advice ( the cost should come from your Dad's estate)?
Good luck and I hope this is sorted out soon so you can grieve in peace!

jay213

Smiley_Lady wrote: »

What an awful situation for you to have to cope with! Your Dad has died and you are going through the thankless job of being his executor and being treated in a despicable way by this company with no compassion for your grief! Reading your post - legally - is paperwork not meant to be kept for 6 years? Surely an outstanding debt from 8 years ago can no longer be collected? Have you taken solicitor's advice ( the cost should come from your Dad's estate)?
Good luck and I hope this is sorted out soon so you can grieve in peace!

I read elsewhere that debts become statue barred after 6 years if no acknowledgement in writing has been made. Is my interpretation correct?