Council car Home Fees

Smithy22990088

Hi 

I was executor of my fathers will but very naive about the all situation he had a some savings (approx 18K & a House) and when he died I sorted everything out (or so I thought) I distributed the cash and put the house on the market

While trying to sell the house we had a flood tried to claim off the insurance but because the house had been empty for more then 6 months they refused to pay. The only way I could sell it was to pay for the repairs on credit cards then take back the money from the sale.

After the sale I paid back my cards I ended up with just less then 2K which came in very handy. Anyway a number of weeks later the council contacted me about his care home fees about 5K. I didn't have the money and when I tried to ask for the money I distributed as per the will back people basically to me to sod off.

So I have waited for the council to contact me again and they sent me an email but thats a far as they have gone so far.

I realise as executor I am liable fro this money but I just do not have it. So I am desperately looking for a loophole. Somebody mentioned to me that after 6 Years it will become statute barred (its been 5 Years Now since his death) is this something I could I could cling on for? 

Or any other suggestions welcome

Thanks So much for any help
MS

Keep_pedalling

As unsecured debt has priority over beneficiaries I am afraid you are rather on the hook for this. I would advise you contact one of the debt charities such as National Deptline. 

If you have used your real name for your user name would also change that ASAP.

in_my_wellies

Councils certainly seem to leave themselves open to this sort of problem. I knew mum's home care bill would be around £15,000 and could put it aside. I told the council the day after she died but had to wait 7 months for the final bill.

Then to add insult to injury my revised council tax bill stated I had died and they removed me from the electoral roll and left mum on. She got a postal vote too! It took another 8 months to put me back by which time I had moved out of the country 

elsien

The statutory guidance says:
 For any new debts that occur after the commencement of the Care Act 2014, the time period to recover debts has been extended to 6 years from the date when the sum became due to the local authority. Where a debt is taking some time to be recovered, provided legal proceedings have issued within the limitation period, enforcement can continue. If it has not, the debt must be written off.

 So if they start legal proceedings before the six years is up, then the statute barring doesn’t count. 

Otherwise you are looking at agreeing a payment plan with them. 

There is also always the option of making a formal complaint about the time it’s taken for them to try to recover the money. How successful that might be I have no idea. You might want to look at any ombudsman cases that could be relevant.

I would also be approaching the beneficiaries again. They  may have told you to sod off because they didn’t believe the council would pursue you, and if the council do start properly pursuing you, you could go back to them and try appealing to their better natures if they have one. 

Smithy22990088

Thanks all for your comments

@elsien so the date due is that from the date of death?