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Am I responsible for this debt?

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Comments

  • Brynsam
    Brynsam Posts: 3,643 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Combo Breaker
    p00hsticks wrote: »
    What has happened to the bed and chair ?

    They should form part of the estate so depending on the contract should either be offered back to the finance company or sold and - as his funeral was pre-paid - then the proceeds divided proportionately between any creditors, of which Ikano bank will be one.

    That may be so, but it certainly isn't OP's role to apply to administer an insolvent estate.

    Any creditor can apply to administer an estate, so suggest that if they want the debt settled, they are welcome to take on the administration.
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    edited 1 September 2018 at 10:04PM
    Brynsam wrote: »
    That may be so, but it certainly isn't OP's role to apply to administer an insolvent estate.

    Any creditor can apply to administer an estate, so suggest that if they want the debt settled, they are welcome to take on the administration.
    What was the finance method? If it was HP then the goods belong to the finance company and they should remove them.
  • kiyamr2
    kiyamr2 Posts: 88 Forumite
    Willowbrook have said they won't take the items back and I am now to deal
    with Ikano Bank only, as it is they who Dad signed up for the finance, I'm not sure what type of finance deal it was.
  • kiyamr2 wrote: »
    Willowbrook have said they won't take the items back and I am now to deal
    with Ikano Bank only, as it is they who Dad signed up for the finance, I'm not sure what type of finance deal it was.
    I would write to the finance company telling them the estate is insolvent nd you will not be administrating it. Give them 14 day remove the items otherwise they will be disposed of.
  • fatbelly
    fatbelly Posts: 23,196 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    edited 1 September 2018 at 10:22PM
    I would write to the finance company telling them the estate is insolvent nd you will not be administrating it. Give them 14 day remove the items otherwise they will be disposed of.
    That seems fair.

    I checked their T&Cs. 8.2 says 'Willowbrook shall retain legal ownership of all goods supplied...until 'Willowbrook has received all monies due.'

    The items cannot form part of the estate as they are legally owned by Willowbrook.

    Ikano cannot be paid as the estate is insolvent and you are NOT personally liable for the debts of a third party.

    You do however have to give Willowbrook reasonable opportunity to collect their goods.

    Send the letter 'signed for' and keep a copy
  • kiyamr2
    kiyamr2 Posts: 88 Forumite
    Thank you for looking into it.

    Should I send the same letter to Ikano and Willowbrook or just to one or the other?
  • RADDERS
    RADDERS Posts: 241 Forumite
    Part of the Furniture
    I think Willowbrook will have been paid by Ikano Bank for the items, with the finance that still has an outstanding amount due.

    I would just deal with Ikano and send them the letter,
  • I will put the letter I will send up on here, as soon as I get the begging letter from Ikano.
  • kiyamr2
    kiyamr2 Posts: 88 Forumite
    I am dreading getting this settlement letter from Ikano this week.

    It's just one thing I really don't want to be dealing with right now. It keeps invading
    my thoughts, and the worry keeps growing.
    I'm collecting Dad's ashes on Tuesday, and coping with that is all I want
    to be focusing on.
  • kiyamr2 wrote: »
    I am dreading getting this settlement letter from Ikano this week.

    It's just one thing I really don't want to be dealing with right now. It keeps invading
    my thoughts, and the worry keeps growing.
    I'm collecting Dad's ashes on Tuesday, and coping with that is all I want
    to be focusing on.

    Please try not to worry, I know its easier said than done, but you don't owe them anything. Its disgusting that they are taking advantage of your grief to try and intimidate you, because they know full well you don't owe them a penny too.
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