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Advice please? Credit card debt from late mother-in-law

Hi everyone.
My mother-in-law died aged 81 late last year and sorting through her papers we were shocked to find she was shouldering a huge credit card debt we knew nothing about.
Partly this is because she never had any income to speak of other than her state pension and a few hours a week on minimum wage as a shop cleaner.
The account was opened in around 2015 and it seems a significant amount was put onto it early on (in the region of £15K) and she had then been paying back many hundreds of pounds a month thereafter, without any further debits to the account. Several key bits of the paperwork are missing but she paid back many many times what initially went onto the account.
She had money in the bank that would have covered the debt (or had she asked for help we'd have paid it off for her, or put it on a zero percent card, or something!) so it's all very odd.
It's made us very angry that someone with no income to speak of should be allowed to run up a huge debt.
Does anyone know - as her executors or representatives are we able to request the initial application form and copies of the few early missing statements which are key? At least that way we know what happened in the very beginning, how much credit she was given - very irresponsibly! - and, more importantly, where the money went! (There's no wardrobe full of Gucci handbags or Jimmy Choo shoes - we've checked!)
Any advice or similar would be appreciated.
Thank you.
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Comments

  • TP71
    TP71 Posts: 6 Forumite
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    Unable to edit original post - sorry.
    The account was opened maybe fifteen years ago, in around 2003-2005, not as stated above.
  • SeniorSam
    SeniorSam Posts: 1,674 Forumite
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    Obtaining records should not be difficult as the credit card company would be anxious to obtain settlement from the executors.  Just explain the position and suggest that if the company wants settlement, then they need to supply the information to you.

    A difficult time for the family without this additional burden. Good luck
    I'm a retired IFA who specialised for many years in Inheritance Tax, Wills and Trusts. I cannot offer advice now, but my comments here and on Legal Beagles as Sam101 are just meant to be helpful. Do ask questions from the Members who are here to help.
  • TP71
    TP71 Posts: 6 Forumite
    Sixth Anniversary Photogenic First Post Combo Breaker
    Thank you, Sam.
    Annoyingly they will get most of what they want without lifting a finger as my m-i-l also had her bank account with them, and there is enough money in that to cover much of it.
    It's one of the ironies of her persistent and significant debt to them.
    It's shocking when we think of how many tens of thousands of pounds she must have paid out to them. Unfortunately she was not at all money-wise, having never had her own money, really, as my f-i-l dealt with "all that." 
  • SeniorSam
    SeniorSam Posts: 1,674 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Not sure that they can touch another account without the authority to do so. You should check on that.
    I'm a retired IFA who specialised for many years in Inheritance Tax, Wills and Trusts. I cannot offer advice now, but my comments here and on Legal Beagles as Sam101 are just meant to be helpful. Do ask questions from the Members who are here to help.
  • Keep_pedalling
    Keep_pedalling Posts: 22,854 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    SeniorSam said:
    Not sure that they can touch another account without the authority to do so. You should check on that.
    Banks are allowed to offset accounts. If someone dies with £20,000 in their current account and £12,000 of credit card debt the net amount held within that institution is £8,000 which is exactly what they will pay to the estate.
  • TP71
    TP71 Posts: 6 Forumite
    Sixth Anniversary Photogenic First Post Combo Breaker
    Yes - they've already calculated how much the late mother-in-law still owes them, despite the offset. They were quick enough to do that! 
  • Pennylane
    Pennylane Posts: 2,721 Forumite
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    So sorry to read this.  It must be a worry for you.  What a pity your MIL didn’t feel able to discuss this with you because you sound so kind and understanding and, as you say, would have helped her out.   
  • TP71
    TP71 Posts: 6 Forumite
    Sixth Anniversary Photogenic First Post Combo Breaker
    Thank you Penny. She was a proud lady and wouldn't have wanted anyone to know she was in trouble, which, coupled with a real lack of financial savvy, meant she obviously got in a right pickle. Such a shame as it's easy enough to sort out. My step-daughter got in all sorts of serious trouble with credit cards and over a year or eighteen months we sorted that out, thankfully, but sad to say my MIL never got rid of it. We're angry, more than anything, that the card company would let someone on such a tiny income have so much available debt. And we're wondering where the money went, as there's no evidence of purchases made. A sad mystery at the moment.
  • I don’t see what you are hoping to get out of this. She be was in her mid sixties when she opened the account and spent on it, so unless there’s any missing information here she was a competent adult who made a decision that she was entitled to do.

    Her estate sounds as though it has enough money in it to settle the debt, so I’m not sure what it is that you are chasing.
  • Froglet
    Froglet Posts: 2,798 Forumite
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    TP71 said:
    Thank you Penny. She was a proud lady and wouldn't have wanted anyone to know she was in trouble, which, coupled with a real lack of financial savvy, meant she obviously got in a right pickle. Such a shame as it's easy enough to sort out. My step-daughter got in all sorts of serious trouble with credit cards and over a year or eighteen months we sorted that out, thankfully, but sad to say my MIL never got rid of it. We're angry, more than anything, that the card company would let someone on such a tiny income have so much available debt. And we're wondering where the money went, as there's no evidence of purchases made. A sad mystery at the moment.
    Surely at some point,either before,or after probate,they will have to provide statements showing what was bought on the card,and why it never got paid off.Especially as they want it paying off.That will be the time to.challenge them over  why it was allowed to go on so long. I certainly think you may have a case  over the colossal amount.
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