dad died leaving CCJ's, Mum never knew

Jackie62 · 16 May 2018 at 2:29PM

Hi,

What will happen to my Mum as Dad has died leaving CCJ's. His name is still on her credit file too. Is Mum responsible for these CCJ's? They are much older than 6 years. I know that on some of them he put my Mum's name down. It's a mess....any help or advice appreciated, thanks.

googler · 16 May 2018 at 2:38PM

Who's the executor? Yourself? A solicitor firm?

Has anyone written or contacted the County Court to advise that your Dad is now deceased?

If the following doesn't help (under "How does a charging order affect the people you live with?"), is there a local Citizen's Advice Bureau you can turn to?

https://www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/charging-orders/

Similar discussion here, may be of help

Also, "If you die and have no estate, then your debts die with you as they cannot be repaid. Your relatives are not liable for your debts unless they have provided personal guarantees for those debts."

http://www.citizensinformation.ie/en/money_and_tax/personal_finance/debt/debts_after_death.html

Jackie62 · 16 May 2018 at 2:42PM

Everything was left to Mum as his wife. I have looked through CC paperwork of the CCJ's at loans/credit cards which were over 10 years old now. I will contact the court and let them know he has died. Mum is getting all sorts through the post, credit companies asking for payments etc. We have sent them copies of his death certificate, but some seem to ignore it. I'm worried for Mum as she may be asked to pay herself. He left next to nothing Estate-wise.

Thanks, I'll follow up on the link you sent me.

National_Debtline · 16 May 2018 at 3:35PM

Hi Jackie62,

First of all, I am sorry to hear about your dad. In a situation like this, it can be worth getting some legal advice but there are a few basics that may help.

When someone passes away the debts would need to be paid from their estate - if they have one. This needs to happen before any beneficiaries receive any money. Most creditors will accept funeral expenses being paid before the debts though. Sending the death certificate is the right thing to do, and if creditors are ignoring this you can raise a complaint and ask them to put it on hold whilst the estate is processed. If there is no estate then they can be informed and anything in your dad's sole name would be written off.

There may be an issue if your mum is jointly liable for any of these debts (you mentioned she may have been named on them). If that is the case, and the estate cannot settle the debt, then I am afraid she is liable (as it is covered under joint and several liability). You also mentioned a possible issue with the age of the debts, and your mum may need further advice about limitations.

If you don't have a solicitor processing the estate then your mum/ executor of the Will, will need to ensure they fulfil their responsibilities correctly, i.e. advertising for creditors in the London Gazette for 3 months. We have a factsheet that may help you - https://www.nationaldebtline.org/EW/factsheets/Pages/dealing-with-debt-when-someone-dies/bereavement-and-debt.aspx

Laura
@natdebtline

googler · 16 May 2018 at 7:07PM

Jackie62 wrote: »

Everything was left to Mum as his wife.

Are you saying that his estate has been settled by an executor, or that he left a will leaving everything to your mum, or that he died intestate, and everything passes to your mum under rules of succession?

The salient point I take from the above is that if your Mum never knew about your Dad's debts, she cannot be held to be personally guaranteeing them, and thus the debts die with your Dad's passing (unless they can be settled from the estate)

nic_c · 16 May 2018 at 7:12PM

If your mum's name has been used, does that mean CCJ in her name too. Check credit files.

dad died leaving CCJ's, Mum never knew

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