Phillips and Cohen Associates asking for money after my husband died

macman

This is a duplicate thread, better answered on your other thread.

BooJewels

I'm sorry for your loss.  Others have already answered the question about the debt. 

Having been widowed myself not that long ago, I found that the bereavement departments of financial institutions to be very sensitive and helpful.  If you haven't already done so, it might be worth talking to the bereavement department of Barclaycard to see if you can come to some arrangement.  For example, we had an outstanding balance on a consolidation loan - which for various admin reasons their end had ended up in his sole name, but when I rang the bank to re-organise our banking, they waived payments until his life insurance money came in (I actually paid it before that) and the interest penalty I should have paid for paying it off before term - they gave me a settlement figure and generous date to pay by.  So they can be quite reasonable in these circumstances.

If you're only 62, have you applied for the Bereavement Support Payment - you may well be eligible for it?  If you don't have young children, you get £2,500 up front and £100 per month for up to 18 months - I think you might just have missed out a month or two of that.  I just got my last payment this month and it has been a real help.  When I applied, the first payment came through to my bank in just over 2 weeks.  The local Job Centre certified my marriage certificate and checked the form for me and were lovely about it.

Richard1212

I'm truly sorry for your loss, Claudibee ( and to BooJewels as well). Four questions if I may ask please ?

a)You don't say how much we are talking about here---is it a large sum and do you know what all this is about? And why is it owing to Philips and Cohen--who are they ( if debt collectors, for whom are they acting ?). If it's a lot of money, they will no doubt hound you. But "hounding"is something many people can cope with by returning letters saying "gone away" and saying on the phone that you are not the person in question. I have been doing it for years with the TV Licensing people who keep threatening me with fines and legal action every year when I KNOW that the Licence has always been paid in full. 
b)Was enough money in your late husband's account to pay them what they want ?
c)Was the money transferred from your late husband's account to yours before or after his death ?
d) Did your late husband have life insurance and was it solely for you? 

Without knowing the answers to the above questions , I cannot give you my full opinion.
 
But I'll give you an interim one based on what I would do ( and don't forget, you can change your approach at any stage---for example if legal proceedings are instigated, which is unlikely in my opinion unless we are talking big money ).

First, I totally agree with macman's views ( get the money-grabbers to prove their case---and more than that, make them dance through hoops), rather than the heartless who tell you : "it's harsh but pay up no matter what your circumstances". I also agree that BooJewels approach would be option number one. 

But, if neither options help, then you have to be a bit more proactive :  I would write to them, just once only, saying the money is not available, tell them your circumstances ( not that they'll be interested) and say that you have no intention of selling possessions to give to money-grabbers and that you are moving your location to a different part of the country. Also say that, in the meantime, you will complain to newspapers and local TV news' programmes ( though you know full well that you won't do that----unless that option appeals to you)---just in case it has an affect ( story of poor widow being hounded by evil money-grabbers can often be very effective ).

I don't see, regardless of those who tell you that it's harsh but you have to pay up, that you should just give in and make it easy for debt collectors or companies. I'd give them a fight and hope that given your circumstances and threats of naming and shaming them in the press/tv, they might write off the debt as not worth it ( if the amount is not very large). And let them do all the leg work and hassle of proving their claim.

Don't forget Citizens Advice Bureau---they really do help( go to them at any stage, especially when court action is threatened----it may be, don't be afraid of it). And I sincerely that you have loving family who can help you through this dreadful time.
Kindest wishes and sympathy, Claudibee.

Keep_pedalling

P&C are specialists in handling the accounts of deceased clients for a number of large companies so they are not bottom feeding debt collectors. In this case they are acting for Barclaycard so this is unlikely to be spurious or time-barred debt.

Whether it needs to be repaid or not depends on whether the OPs husband’s estate was solvent or not. If there was anything left after funeral costs then unsecured debt has first call on the remainder, only after that has been settled does what remains go to the beneficiary.

iIf he only had enough to cover funeral expenses then you write to P&C to inform them inform them that the estate is insolvent and that there are no assets to pay the debt and that no one is administering the estate. 

msb1234

Unfortunately, the post written by Richard1212 is at best unhelpful, at worst downright dangerous.

The firm chasing the debt are not ‘money grabbers’. They are a legitimate deceased accounts management business. I have dealt with them over my mother’s estate and found them to be nothing but understanding. In my initial dealings with them, a couple of months after my mum died, they just took my details, listened to me and then said they would contact me again in 6 months’ time when I might be better placed to repay her debts. I’ve no doubt that if I don’t pay her debts from the remnants of her estate then they will chase this up. That’s to be expected. It was money my mum owed so needs to be paid back.
The absolute worst thing you can do is lie to them about where you live, or bury your head in the sand. 

Please ring them and speak to their advisors. At least then you will have a better idea of what to expect.

J63320

BooJewels said:

….

If you're only 62, have you applied for the Bereavement Support Payment - you may well be eligible for it?  If you don't have young children, you get £2,500 up front and £100 per month for up to 18 months - I think you might just have missed out a month or two of that.  I just got my last payment this month and it has been a real help.  When I applied, the first payment came through to my bank in just over 2 weeks.  The local Job Centre certified my marriage certificate and checked the form for me and were lovely about it.

Please do get in touch with the DWP and claim this benefit. A lot of people miss out because they don’t know about it. I only got it because Tell Us Once wasn’t available in my area, so I had to call the DWP to ask them to stop paying my husband’s pension, and they asked if I wanted to claim it. I was surprised to be entitled to anything, because I had my own occupational pension and some savings, but it’s not means tested.

Marcon

Richard1212 said:

I'm truly sorry for your loss, Claudibee ( and to BooJewels as well). Four questions if I may ask please ?

a)You don't say how much we are talking about here---is it a large sum and do you know what all this is about? And why is it owing to Philips and Cohen--who are they ( if debt collectors, for whom are they acting ?). If it's a lot of money, they will no doubt hound you. But "hounding"is something many people can cope with by returning letters saying "gone away" and saying on the phone that you are not the person in question. I have been doing it for years with the TV Licensing people who keep threatening me with fines and legal action every year when I KNOW that the Licence has always been paid in full. 
b)Was enough money in your late husband's account to pay them what they want ?
c)Was the money transferred from your late husband's account to yours before or after his death ?
d) Did your late husband have life insurance and was it solely for you? 

Without knowing the answers to the above questions , I cannot give you my full opinion.
 
But I'll give you an interim one based on what I would do ( and don't forget, you can change your approach at any stage---for example if legal proceedings are instigated, which is unlikely in my opinion unless we are talking big money ).

First, I totally agree with macman's views ( get the money-grabbers to prove their case---and more than that, make them dance through hoops), rather than the heartless who tell you : "it's harsh but pay up no matter what your circumstances". I also agree that BooJewels approach would be option number one. 

But, if neither options help, then you have to be a bit more proactive :  I would write to them, just once only, saying the money is not available, tell them your circumstances ( not that they'll be interested) and say that you have no intention of selling possessions to give to money-grabbers and that you are moving your location to a different part of the country. Also say that, in the meantime, you will complain to newspapers and local TV news' programmes ( though you know full well that you won't do that----unless that option appeals to you)---just in case it has an affect ( story of poor widow being hounded by evil money-grabbers can often be very effective ).

I don't see, regardless of those who tell you that it's harsh but you have to pay up, that you should just give in and make it easy for debt collectors or companies. I'd give them a fight and hope that given your circumstances and threats of naming and shaming them in the press/tv, they might write off the debt as not worth it ( if the amount is not very large). And let them do all the leg work and hassle of proving their claim.

Don't forget Citizens Advice Bureau---they really do help( go to them at any stage, especially when court action is threatened----it may be, don't be afraid of it). And I sincerely that you have loving family who can help you through this dreadful time.
Kindest wishes and sympathy, Claudibee.

I think what you've said is more than enough. Read the much more balanced and better informed post from msb - and I hope Claudibee will do the same:

msb1234 said:

Unfortunately, the post written by Richard1212 is at best unhelpful, at worst downright dangerous.

The firm chasing the debt are not ‘money grabbers’. They are a legitimate deceased accounts management business. I have dealt with them over my mother’s estate and found them to be nothing but understanding. In my initial dealings with them, a couple of months after my mum died, they just took my details, listened to me and then said they would contact me again in 6 months’ time when I might be better placed to repay her debts. I’ve no doubt that if I don’t pay her debts from the remnants of her estate then they will chase this up. That’s to be expected. It was money my mum owed so needs to be paid back.
The absolute worst thing you can do is lie to them about where you live, or bury your head in the sand. 

Please ring them and speak to their advisors. At least then you will have a better idea of what to expect.