debt agency chasing for funeral payment! help!

boom123_2

Don't know if i'm on the right forum but here goes..my brother passed away 6 months ago. My parents obviously arranged his funeral but as my brother was a home owner he has an estate from which the funeral could be paid.

Problem is he died suddenly intestate at the age of 34, like most people his age there was no will. We approached a solicitor to deal with legalities. However my brothers estate transfers to his son who is only 4 and therefore under Scottish law his mother (my brothers ex) becomes executor. She then got her own solictor and everything was passed to them.

Originally my parents were advised that my brothers funeral would be paid from his estate.

6 weeks after his death coop funeral care sent a demanding letter asking for the balance of the funeral to be paid. At that point our solicitor was still dealing with everything and they wrote to the coop informing them of the situation and that the funeral had to be arranged by my parents as their son had to be laid to rest and that when his estate was completed they would be paid.

Since then we haven't had any letters until today. Wevhave had a demanding letter from a debt collection agency wanting payment within 7 days!

My parents can't pay! Is this course of action legal? Can the coop hand over to a DCA after only sending 1 letter requesting payment?

My parent are in such a state they really don't need this stress. Can any one offer me some advice please?

Larumbelle

I don't know the answer, but I am trying to find out for you. In the meantime :grouphug: I know it isn't much, but I am truly sorry for you and your family x

ETA: Still trying to find out, the helpline I ask are closed until tomorrow, please post anyone else if they know otherwise please check back tomorrow evening Boom x

Floss

I'm sorry to hear you've had this upset on top of your bereavement.

Ring the funeral directors, tell them the estate is still not cleared through probate, and direct them to the solicitors again. Then pass on the debt collectors letter to the solicitors for them to deal with, as they are handling the estate.

I am really surprised at the Coop Funeralcare doing this - they were really nice and waited almost 4 months for our mum's funeral to be paid for, as we had to wait for probate. I guess it's a different branch.

Floss xx

boom123_2

thanks for the replies. I have to say coop branch were very good I can't praise them enough. The account is now being dealt with from their head office, I really can't believe they have got debt collectors to deal with this after only contacting my parents once. It just makes a very difficult situation even worse.
Silvercharming I really appriciate your help and will keep checking thread for progress from your phonecall. Thanks!

Packman_2

Sorry to hear about your situation. I know this might not sound as though I'm helping the situation but it might be best for you to understand that the whole thing might be difficult.

My partners grandad died a year ago last month. We moved him closer to us after his wife died, and his sons and daughter didn't want to have anything to do with him.

So anyway, we moved him closer and after a few months it was said that he wasn't fit to look after himself, so he was then moved to a nursing home. 6 months later he sadly passed away.

For 12 months my partner sorted everything out for him with regards to care and finances. When it came to anything along those lines she was classed as next of kin. But when he died the eldest son got involved. This wasn't a problem because it took the pressure of us. He told the nursing home that if we went near any of his stuff they were to call the police and have us arrested.

While he was too busy thinking about how much he could get for all of his belongings, we were more bothered about laying him to rest. So, because the eldest son lived 500 miles away we set the ball rolling. We set in line a temporary order for a funeral service until we could find out what was going on.

In the end the son said do what you want. So my partner signed for the funeral, because no one else would. And although the eldest son got the whole of his estate because there was no will and he was really the next of kin, we were landed with an £1800 funeral bill.

We managed to get my partners mum to talk to him and he agreed to pay it. Purely because he was on benefits and the social would pay it. But unfortunately they only paid £1200. Which left £600 to be paid. We then received letters from the funeral services solicitor saying they were taking us to court. We went through the citizens advice and they told us it was down to us to pay it.

So in the end we had to pay it. I hope you have better look in sorting your problem out than we did, but you should know it may not be as straight laced as you think.

Sorry to put a damper on the issue.

Cheers Mark

boom123_2

Mark, we have been thinking that this may actually happen, as my brothers ex has control over the estate I think it may be up to her and in all honesty she unfortunatelly is very much like your brother-in-law. She has already claimed bereavement benefit which would have covered some of the funeral expense for herself, so that will give you an indication of the situation we are up against.
I am hoping that if my parents are going to have to pay for the funeral the debt collection agency will take instalments.
Its all very sad that after losing someone we love the stress of dealing with DCA's is thrust upon us.
And to be honest the law is an !!! to allow these things to happen.
My only hope now is that silver charming can come up with some info for me otherwise it looks like my parents are going to have to deal with a DCA for the first time in their life.

floss2

If your brother's ex has a solicitor, then they should be aware of the fact that funeral expenses have to be met from the deceased's estate.

Were your brother & his ex still married? Do you know if it is Funeral Payment or Bereavement Payment? Both rely on being married / civil partnership to the deceased, and she possibly may be excluded if she lives with anyone else. SHe also has to accept responsibility for payment of the funeral expenses.....which should come out of the estate.

boom123_2

My brother was n't married to his ex partner they lived together for 4 years.

My dad has contacted the coop this morning and they said they wrote several letters to the solicitor and because they received no response they have passed to a DCA, who are now persuing my dad as the money owing is in his name.

I think we all know how unsympathetic DCA's are to peoples circumstances. I am wondering if because my brothers funeral is logged as a debt on the estate can the DCA persue my dad for it?

If the co-op were sending letters to the solicitors and not to my parents then I can't understand how the DCA are not contacting the solicitor, I know the debt technically is in my dads name but because the debt id logged against the estate should they not be chasing the solicitor dealing with it?

Aaaaarrrrghhhh! Any more advice/thoughts/help much appriciated

Larumbelle

hi Boom

I spoke to Cruse Bereavement today but had a little trouble explaining everything in a third party sense. They suggested what I was originally going to do, pass their number on.

One thing they did state is that the funeral costs can be taken from the estate even if probate isn't granted.

I do think you should call them as obviously it has hit yourself and your parents quite hard. They are lovely people and are there just to talk to as well as to give practical advice. Also they have local branches that you can go in to if you would prefer to talk to them face-to-face.

Their scottish number is 01738 444178

I'm really sorry I couldn't dig up any more. :grouphug: to you, I'm thinking of you x x

boom123_2

many thanks silvercharming, I did n't know cruise could help i thought they were only there for counselling. I will call them tomorrow, I really appriciate you taking the time to help.

skintscotslass

Hi Boom, I'm really sorry to hear your news. I hope all goes well with cruise xx