Debt collectors chasing deceased sister's owings. Help!

likeamother

Hello, am hoping to get some advice before I call back the collection agency who have been leaving me messages. My sister died suddenly the Christmas before last, about 17 months ago. She didn't own a property or have any savings or 'estate' of any kind. A collection agency rang my elderly mum recently asking for the person dealing with her affairs. She gave them my number as she thought it was referring to circumstances around her death, which I'd been helping to manage. They've now left a couple of voicemails and I know I need to call them back.

From what I've read online, because there is no estate and the debts were in her name, I won't be liable to pay them back. We haven't lived together for over 25 years, but I'm worried about how to handle it and what to say, in case they somehow try to pin non-payment on me and it affects my credit rating. I'm currently separating from my husband and am concerned about it impacting the mortgage application I hope to make shortly.

Any advice or wisdom on rights, legalities or how to word things to them would be greatly appreciated. Thanks.

ryanm8655

Sorry for your loss, I’m sure someone will be along to advise shortly but my understanding is that unless you guaranteed the debts then they can’t chase family members for payment. They could get payment from the estate but if there was none then that ought to be the end of it. 

molerat

Debts are individual and can only affect you if you were financially linked. 

Who actually dealt with the estate ?  All you need to do is state that the estate was insolvent with nothing to distribute after expenses and not to contact you again.

fatbelly

I would be reluctant to engage with themon the phone. Now you might get someone who is lovely. But you might not.

If they are serious about exploring whether they should have been paid from your late sister's estate they will write.
If they do, then you respond with a summary of your sister's estate showing assets (zero?), funereal costs and liabilities (what she owed to who) - it need only be an A4 sheet. 

You would not be liable for payment in  your own  right and there should be no mark on your credit file.

sourcrates

Just to add, anything of this nature is best dealt with in writing only.

Your words can`t be twisted, like they can on the phone, you have a legal papertrail, and a record of the exchange.

likeamother

Thank you all, this is really helpful.
So if I ignore the phone calls, doing this can't somehow affect my credit rating? They don't have my DOB or address. They probably have my mum's address even though my sister was not living there, correspondence like that had been sent to her house before (when my sis was still alive). 
That's a good point about words being twisted on the phone, I think it's why I was a bit nervous about calling back before seeking wisdom on here.

Molerat - there was no estate really. She had £50 or so in her bank, which my mum closed and received, she then had to use this to pay my sister's outstanding phone bill. That was all she had as her home was rented.

monetxchange

Somebody else's debt can't be applied to you by a debt collection company, even if they did have your details. I'm sorry for your loss and hope it gets sorted soon. Don't worry and make sure everything is in writing.

Socajam

I would put everything in writing to them, so that they can stop calling especially your mom who is elderly and may not be able to cope with the pressure and may agree to take on the debt.
Call and let them know that  your sister's estate was insolvent, get a name and address and where you can send a letter.
Ensure that your mother do not take any calls from these people - they are merciless and will prey on the elderly and weak.

likeamother

Thank you both very much. I’ll call and get details for letter tomorrow and also make doubly  sure my mum knows not to speak with them again. Yes it’s absolutely the last thing she needs.

onwards&upwards

likeamother said:

Thank you all, this is really helpful.
So if I ignore the phone calls, doing this can't somehow affect my credit rating? They don't have my DOB or address. They probably have my mum's address even though my sister was not living there, correspondence like that had been sent to her house before (when my sis was still alive). 
That's a good point about words being twisted on the phone, I think it's why I was a bit nervous about calling back before seeking wisdom on here.

Molerat - there was no estate really. She had £50 or so in her bank, which my mum closed and received, she then had to use this to pay my sister's outstanding phone bill. That was all she had as her home was rented.

Her estate was well and truly insolvent the, as it would be:

£50 assets - £cost of funeral = £less than zero.

Strictly speaking your mum didn’t have to pay that phone bill as funeral costs come before debts, but that’s neither here nor there now.  Your sisters debts are gone, nobody has any liability for them anymore.

I’m very sorry for your loss.