Being pursued for a debt 4 years on from money received from an estate being paid out

boingy

auser99 said:

Administrator is a professional from a firm who split estates out. Not a well meaning amateur.

Then it is their problem, plain and simple. 
They are just trying it on.

Keep_pedalling

Just tell them you no longer have the money so they can’t have it back.

auser99

boingy said:

auser99 said:

Administrator is a professional from a firm who split estates out. Not a well meaning amateur.

Then it is their problem, plain and simple. 
They are just trying it on.

The letter suggested the claimant may pursue the arrears from the beneficiaries.

I've no idea if that could swell 1k to numerous k fee if that happened.

That's the implied threat.

auser99

Keep_pedalling said:

Just tell them you no longer have the money so they can’t have it back.

I'm not sure if that is ever a defence is it?

Sea_Shell

Sounds like a "threat" to me.   And not one I think they stand to be able to carry out, IMO.

Personally, I'd sit on the letter for a little while, and see what happens next.  (whilst researching further)

Also, I'd try and find out who the other beneficiaries were, and see if they have all received this letter too.   As it 'might' go against you if one of you does cave in and pay up.   Could that be seen in some way as collectively admitting liability for the debt.?


It sounds like you are one of many beneficiaries if your 'share' of 2 years rent is 'only' £1000.    Even £500 a month over 2 years would have come to £12,000.

Is that likely to be the case?   Have they given any more breakdown of how this £1000 is calculated?

auser99

Sea_Shell said:

Sounds like a "threat" to me.   And not one I think they stand to be able to carry out, IMO.

Personally, I'd sit on the letter for a little while, and see what happens next.  (whilst researching further)

Also, I'd try and find out who the other beneficiaries were, and see if they have all received this letter too.   As it 'might' go against you if one of you does cave in and pay up.   Could that be seen in some way as collectively admitting liability for the debt.?


It sounds like you are one of many beneficiaries if your 'share' of 2 years rent is 'only' £1000.    Even £500 a month over 2 years would have come to £12,000.

Is that likely to be the case?   Have they given any more breakdown of how this £1000 is calculated?

There's tens of beneficiaries so it's the rent split between them.

Can no doubt work out who some of the others are so will get my mum to see what their thoughts are.

RAS

Was the administrator an heir hunter? 

If so, do you have a copy of the original contract?

Flugelhorn

the administrator has definitely messed up and is really going to struggle to get the money back 

doodling

Hi,

There are a some issues which need to be considered here:

1. Why did it take two years for the landlord's property to be returned to them?  Was this because the Administrator was incompetent in their work or was it because of other reasons (e.g. the Administrator was only appointed in that role two years after death so couldn't have acted sooner)?

2. Who is the Administrator and what prompted them to act?  The fact that it is a professional suggests that either they are acting on behalf of one of the beneficiaries or they are acting in their own interest.  The latter might be because the deceased owed a lot of money to someone and noone else was Administering the estate or because someone has felt there might be profit in Administering the estate (e.g. a heir hunter type arrangement).

3. Was a contract signed between your Mum and the Administrator?  That would be unusual but might happen in some scenarios.  If there is a contract, what does it say about this scenario? The wording of that contract may, or may not, be relevant depending on the rest of the circumstances (e.g. a contract may not protect an Administrator if the issue has arisen as a result of their own negligence).

Only when you know the answers to the above questions can you work out whether the request for the return of the money is reasonable.

If you are going to do anything other than wait and see what happens then a letter asking why it took so long for the landlord's property to be returned would be a good starting point.

Sea_Shell

Being nosey...

How big was the estate, roughly?

It sound like HHs only got involved down the track when it became clear a substantial (?) estate was left un-administered.   Hence the 2 year delay, possibly?


Is that a usual timescale for these things?


ETA - although it's quite strange for an estate to be substantial if the deceased was renting, rather than owning property.