PPI Fee for Deceased Claimant

tkretailacc

Hello all

My father, an 83 year old man with dementia, let a PPi company do a PPI claim for him. He died shortly after and then claim was approved about a month after his death. I have been dealing with Amex to obtain the PPI refund however the PPI company have been hounding us to pay them their commission even though I've explained in writing and verbally about 10 times now that the claimant is deceased, we have received no PPI payout and there is nothing to pay them with.

Amex have been diabolical in dealing with this but the question I have is, given how disgustingly poor the behaviour of the PPI claim company has been, can I refuse to pay them this outrageous 20% + VAT fee? The claimant is dead and holds no assets other than his house which is transferring to sole ownership of my mother. So couldn't careless if they put a mark on his credit file, he is deceased. I wanted to do the right thing and pay them their commission but after the way they have behaved during this really difficult time for our family I basically want to tell them to sod off instead. I also don't believe in the legitimacy of the claim in the first place because they got an 83 year old man who didn't know what planet he was in half the time, to agree to sign their document.

[Deleted User]

The PPI company will be paid out of the estate, if there are sufficient funds in it.

Pass their invoice to the executor so they can consider alongside any other creditors..

tkretailacc

I am the executor of the estate but that wasn't the question. If the claimant is deceased and his estate has no liquid assets (the house is owned as tenant in common with his wife) then there is nothing for them to chase. It's only £1,032 commission anyway. I just don't want to pay them any more because a) they can't prove an 83 year old man with dementia understood what he was signing b) their behaviour during this process has been appalling with constant threats

[Deleted User]

Ask them for the signed authority. They don't need to prove he understood it unless they knew of his condition. If you think they did, tell them that.

The rest of the information you need is in post 2. Whether or not there are funds, that's how you handle it.

Wanting or not wanting to pay them is not the issue.

Nearlyold

If the debt is valid then the executor is legally obliged to pay the debt from the estate (provided the estate is not insolvent), the executor's personal feelings regarding a particular creditor do not come into it.

Because the house was owned as "Tenants in Common" the deceased's share of the house forms part of his estate, creditors are legally entitled to be paid from this asset, the fact that it is not a "liquid" asset does not alter this.

SonOf

How has the estate got nothing if the PPI redress has been paid out?

tenants in common means there is an asset available.

I just don't want to pay them any more because a) they can't prove an 83 year old man with dementia understood what he was signing b) their behaviour during this process has been appalling with constant threats

Equally, you cannot prove that he didnt understand. And they did deliver on what they said they would do.

[Deleted User]

tkretailacc wrote: »

I just don't want to pay them

You really don't have any choice in the matter I'm afraid.