Wescot letter but not my debt

notmydebt

Hi all

First time poster here, so go gentle please...

Received a letter in the post in my father's name, which I've opened as unfortunately he passed away at the start of the year. Letter is from Wescot and says that he owes an amount (less than £1,000) to a credit card company and that they are working on their behalf to recover it.

Now, my father moved abroad about 20 years ago. He only used my address as a mailing address for a few companies. He never lived at my address, nor was he ever registered on the electoral role at my address. He didn't use my address for anything like credit card applications - they were all existing accounts before he moved abroad. I'm pretty sure that this credit card company has his address abroad, but I know that my Mum hasn't received any letters there.

What's my best course of action? As far as I see it, I could:

- reseal the letter and "return to sender" stating "Not at this address" and nothing more
- wait for a follow up letter and "return to sender" unopened stating "Not at this address" (only because envelope says "Private & Confidential - to be opened by addressee only")
- write to them stating that my father passed away earlier in the year and that they should contact my mother at her address abroad. From discussions with her, whilst she had a card on this account, she never used it nor was she part of the original agreement (that was purely with my father), so as I understand it they can't go after her for the money
- ignore them as he's never been at this address

The only complication to all this is that I was the executor of my father's estate. Until I received this letter I wasn't aware of the debt as nothing had been received from the CC company. I've carried out his wishes and settled his estate, but not sure if I'm now on the hook for the debt given my Executor duties. Obviously I would wait for Wescot to write to me in the role of Executor of his estate, before even contemplating any discussion, nevermind payment, but I really don't want to offer up any information that would make their job easier.

Bottom line is that, if there's a way out of paying this, then that's the preference as I certainly don't plan on paying it out of my money and Mum can't really afford to pay it either.

Also I'm not entirely sure if they could put anything negative credit score wise against my address, which clearly I'm keen to avoid as I've got a pretty decent credit rating and plan to keep it that way!

Thanks in advance for your advice. :T

boo_star

You need to deal with it as executor of his estate.

If you've fulfilled your obligations as executor then there's nothing to worry about but you can't just return the letter or ignore it.

notmydebt

boo_star wrote: »

You need to deal with it as executor of his estate.

If you've fulfilled your obligations as executor then there's nothing to worry about but you can't just return the letter or ignore it.

Agreed that ultimately I may need to deal with it as Executor, but shouldn't I at least try and make them work for it rather than make their job too easy? As far as I'm aware, no-one has informed the CC company that he has passed away (neither I nor Mum have) so they probably think that they are going after someone that's still alive.

If I tell them that's he's not at this address, then this is factually correct. If I tell them he's passed away and refer them to his (& Mum's) address abroad, then I'm not sure how much they would chase this down with her being abroad and not being responsible for it.

Having never acted as an executor before I can't be 100% sure that I've "fulfilled all my obligations" purely from the perspective that I may not be fully aware of all of them. Aside from this, there were no debts (that I'm aware of at least) and his estate has been distributed according to his wishes.

sourcrates

Hi,

It is actually a pretty simple situation, when someone dies, the executor (you) realises the deceased’s assets, and pays any outstanding bills in order of there importance, an old credit card debt is a non essential payment, if there is any money left, it gets paid, if there isn’t, then you must tell them so.

No one else is liable, if sufficient funds are not available to pay back the balance, then the debt gets written off, it dies with him.

As executor it’s your job to deal with this matter once and for all.

notmydebt

That's the thing. Prior to realising his wishes and distributing his estate there would have been more than enough to settle the debt but now it's been distributed, there's nothing left to pay it. Where does that leave things?

poppasmurf_bewdley

Presumably, as executor, you placed an advertisement in a newspaper asking for anyone owed money by your father to lodge a claim?

All you need to do is inform them of the death of your father, and as they didn't respond to the advertisement, there is nothing you can now do.

The debt, as Sourcrates says, will be written off.

notmydebt

No, I didn't put any adverts I any newspapers. Didn't know I had to do that.

-taff

If there was sufficient money in his British estate to pay for this, and you didn't pay it, you, as the excutor, are now liable to pay this. They can pursue you for this money.

poppasmurf_bewdley

notmydebt wrote: »

No, I didn't put any adverts I any newspapers. Didn't know I had to do that.

I'm not sure if it's law that you have to place an advertisement, but it is certainly good practice and any solicitor acting as Executor will do it automatically.

Strictly speaking, if the amount left in the estate after the funeral expenses exceeded the amount the DCA are claiming, then you are bound to pay it.

But you could write to the DCA informing them of the death of your father. I'm not sure from your opening statement that your father died abroad. If he did, I would tell the DCA that, and I think they will probably leave it as uncollectible.

notmydebt

poppasmurf_bewdley wrote: »

I'm not sure from your opening statement that your father died abroad. If he did, I would tell the DCA that, and I think they will probably leave it as uncollectible.

Yes he did die abroad - he had been living in the same place since 2000.

So, if I were to send the DCA a letter informing them that he passed away at the start of the year abroad, inform them that my address was only ever a mailing address and request that they address any future communications to his address abroad (I'm sure Mum would probably ignore any communications from them) - chances are that they'll forget about it? I could include a copy of his death certificate which was issued abroad, although not sure if that is going too far. I'm guessing that for the time being I should omit to tell them that I am his executor - if they want to find that out they can either write back or do their own homework. It's easily enough to find out, but why should I make their job easy?!?

Thoughts?

poppasmurf_bewdley

notmydebt wrote: »

Yes he did die abroad - he had been living in the same place since 2000.

So, if I were to send the DCA a letter informing them that he passed away at the start of the year abroad, inform them that my address was only ever a mailing address and request that they address any future communications to his address abroad (I'm sure Mum would probably ignore any communications from them) - chances are that they'll forget about it? I could include a copy of his death certificate which was issued abroad, although not sure if that is going too far. I'm guessing that for the time being I should omit to tell them that I am his executor - if they want to find that out they can either write back or do their own homework. It's easily enough to find out, but why should I make their job easy?!?

Thoughts?

I would write to the DCA stating your father had lived abroad since 2000, and if they wish to see a copy of the death certificate you will be happy to provide one, and leave it at that.

I doubt they will recontact you.