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Bereaved, and now debt collector has written.

I hope this is the best forum for this question. I'm an ex debt free wannabe under a different username who is now debt free. Or i was...

My partner died last year, I was the executor of his will and there wasn't even enough to cover his funeral costs. He wasn't named on the deeds and had no savings or anything. He had been retired for 10 years and although I knew he'd had an old credit card debt, he wouldn't have paid anything to the debt collector for a good many years. The debt is probably statute barred anyway.

The original DCA have now written to me telling me they've passed the debt to a different DCA, and how much is outstanding. My first thoughts were, that's nice, you're not getting anything though you vultures. Well, after I'd sworn at the letter, that is.

Is there a suitable template letter telling them what they can do with the debt? Politely of course. Or do I need a SAR first to prove it's statute barred?

Comments

  • la531983
    la531983 Posts: 4,519
    1,000 Posts Third Anniversary Name Dropper
    Forumite
    edited 14 March at 1:13PM

    Simply write back with a copy of death cert saying the estate is insolvent. It isnt YOUR debt in any way, assuming what you state about the estate being insolvent (to the point it didnt even cover funeral costs) is true, dont even have to mention statute barred

    Template:

    https://nationaldebtline.org/get-information/sample-letters/write-off-after-death/

  • Thanks, that's ideal. I'll sort that out next week.

  • sourcrates
    sourcrates Posts: 32,985
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Ambassador

    As above, don`t go off on a tangent about the debt being out of the limitation period, just stick to the important bit.

    Liability for the debt rested entirely with the late gentleman's estate, and as that estate was insolvent, the credit card company/debt collector has no further recourse for recovery of this debt.

    Put it in a short letter, and include a copy of the death certificate, they should then return the debt to whoever owns it, you may need to repeat the process with the owner of the debt, as the collector is just a hired hand in all of this.

    Who are the companies involved, if you can name them I can tell you who to write too.

    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
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