Unsecured debts on late mum’s estate without loan agreements.

Abbotacus

My late mum passed away leaving a couple of credit card debts, the debts have been passed on from debt collection company to debt collection company.

I have asked the Phillips and Cohen, the latest DCC, to provide me with the original loan agreements so I may check the terms and conditions for insurance and assurances that may pertain to the death of the borrower and a detailed break down of repayments. 

They have been unable to provide me with either.

My question is do I need to repay the debts having not been provided with any tangible proof that these debts actually exist?

[Deleted User]

If you doubt the validity of the debts, you can ask for evidence. It won't be the originals, but will be reconstituted version of the agreements. It they can't evidence it, the debt will be unenforceable until they can. What has their response been to date?

They won't have details of any insurance policy as that will be with a separate company, so you'll need to do some digging if you think she had one you could claim on.

Abbotacus

They have ignored my requests for the documentation, it's been several months since I requested them.

They were able to provide the agreement for a personal loan, but not for the CC debts.

They wrote to me last week to discuss the accounts with a view to repayment. I'll repay the personal loan, but I'm tempted to wait for the requested documentation until i repay the CC - if they ever sent it.

They will presumably have problems legally enforcing debts without evidence.

born_again

Does the estate have funds to pay the debt back?

Brie

You are not obliged to pay her debts yourself.  If the estate has nothing there is nothing that can be paid back.

Abbotacus

In theory the estate does have sufficient funds, there is a property but a disabled sibling lived with mum and still lives there,

I don't really think they are up to the move so will have to pay the debts myself if they need to be paid.

MalMonroe

Abbotacus said:

In theory the estate does have sufficient funds, there is a property but a disabled sibling lived with mum and still lives there,

I don't really think they are up to the move so will have to pay the debts myself if they need to be paid.

Hi, I'm very sorry for your loss. No you won't have to pay the debts. They are not in your name. 

Before you start paying out, you really do need to either contact a solicitor or Citizens Advice (the latter offer free advice).  

https://www.citizensadvice.org.uk/

There's some information here -

https://www.moneysupermarket.com/life-insurance/what-happens-to-debt-when-someone-dies/

also here -

https://www.nationaldebtline.org/fact-sheet-library/debts-after-death-ew/

It goes without saying that you should never pay anyone anything if they have no proof that anything is owing.

born_again

Abbotacus said:

In theory the estate does have sufficient funds, there is a property but a disabled sibling lived with mum and still lives there,

I don't really think they are up to the move so will have to pay the debts myself if they need to be paid.

Was there a will?

YOU should not be paying anything for unsecured debts. As the debtor is dead. (sorry for the loss) They could try claiming against the estate, but most would not bother. (does not look good)
It seems odd that CC debt has been passed onto a debt recovery co. As they are usually written off once they are aware that the estate will not cover them.

Were the companies informed at the point of death & advised that there were no funds in the estate?

y3sitsm3

born_again said:

Abbotacus said:

In theory the estate does have sufficient funds, there is a property but a disabled sibling lived with mum and still lives there,

I don't really think they are up to the move so will have to pay the debts myself if they need to be paid.

Was there a will?

YOU should not be paying anything for unsecured debts. As the debtor is dead. (sorry for the loss) They could try claiming against the estate, but most would not bother. (does not look good)
It seems odd that CC debt has been passed onto a debt recovery co. As they are usually written off once they are aware that the estate will not cover them.

Were the companies informed at the point of death & advised that there were no funds in the estate?

There are funds in the estate, there's a house.

born_again

y3sitsm3 said:

There are funds in the estate, there's a house.

Then OP would be best taking proper legal advice given these are unsecured loans & has not come back on the point of is there a will.
A unsecured loan is just that. 

https://www.stepchange.org/debt-info/bereavement-and-debt.aspx

Abbotacus

Yes there is a will of which I one of the named executors and probate has already been applied for by myself and granted.

My question is whether as no evidence has been provided either with regards to balances of payment or original credit card loan agreements should i hang fire on the payment?

All I have is the debt collection company’s word that these sums are owed without any supporting evidence.