Charging Orders From Late Husband

2

Comments

  • Thrugelmir
    Thrugelmir Posts: 89,546
    Name Dropper Photogenic First Anniversary First Post
    Forumite
    shell2712 wrote: »
    We were joint owners of the property although it is no in my sole name since his death.

    Who were the executors of your late husbands estate?
  • Brock_and_Roll
    Brock_and_Roll Posts: 1,207
    First Anniversary First Post
    Forumite
    Thrugelmir wrote: »
    Who were the executors of your late husbands estate?



    Exactly!!! I can the line that Welcome is likely to pursue here if the OP was the executor.
  • iolanthe07
    iolanthe07 Posts: 5,493 Forumite
    Why an accountant ?

    Some Chartered Accountants specialise in issues concerning irregularly obtained loans.
    I used to think that good grammar is important, but now I know that good wine is importanter.
  • shell2712
    shell2712 Posts: 7 Forumite
    My husband didn't have a will and by that point we were married. He had no money in his personal account and shortly after he died i contacted the mortgage company to tell them that he had died, sent in a copy of the death cert and they changed the mortgage into my sole name.

    There wasn't anything really to sort out other than that. He had no credit cards, loans (other than this one) or other debts.

    I assumed that as his wife by default i became "executor" although there wasn't anything to actually execute as i saw it although i'm now feeling as though this was wrong...I have no idea on this subject !
  • iolanthe07
    iolanthe07 Posts: 5,493 Forumite
    shell2712 wrote: »
    My husband didn't have a will and by that point we were married. He had no money in his personal account and shortly after he died i contacted the mortgage company to tell them that he had died, sent in a copy of the death cert and they changed the mortgage into my sole name.

    There wasn't anything really to sort out other than that. He had no credit cards, loans (other than this one) or other debts.

    I assumed that as his wife by default i became "executor" although there wasn't anything to actually execute as i saw it although i'm now feeling as though this was wrong...I have no idea on this subject !

    You will find masses of really excellent advice on the government website concerning wills and probate and how to manage an estate. The forms are not that hard to understand and complete if you follow the instructions to the letter, but you can always get professional help if you need. it. Have you any family to help you?
    I used to think that good grammar is important, but now I know that good wine is importanter.
  • D_M_E
    D_M_E Posts: 3,008
    Name Dropper First Anniversary First Post
    Forumite
    If he had full illness cover on the Welcome loan then you must contact them about making a claim - the loan could be cleared as a result of the claim.

    Did you have the mortgage and deeds transferred into your sole name before the 2 CCJ's and their charging orders were obtained?

    Presumably full cover also included clearing the loan and paying it off at his demise?

    As has already been said many times you must consult a solicitor about the CCJ's obtained AFTER his passing - if you cannot afford one, many do a free half hour consultation so ask around and find one that offers this.

    You could also try contacting the FCA https://www.fca.org.uk and see what they have to say about the CCJ's, particularly since they were obtained after death and the fact that there were no assets in the estate.

    EDIT - did not notice the cursor jumping around and sticking lines in the middle of what I was typing, but it's easy to see what I was on about.
  • Xbigman
    Xbigman Posts: 3,884
    Name Dropper First Anniversary First Post Combo Breaker
    Forumite
    shell2712 wrote: »
    My husband didn't have a will and by that point we were married. He had no money in his personal account and shortly after he died i contacted the mortgage company to tell them that he had died, sent in a copy of the death cert and they changed the mortgage into my sole name.

    There wasn't anything really to sort out other than that. He had no credit cards, loans (other than this one) or other debts.

    I assumed that as his wife by default i became "executor" although there wasn't anything to actually execute as i saw it although i'm now feeling as though this was wrong...I have no idea on this subject !

    Your husband had a substantial asset when he died, half the house you were living in. You would of needed to contact a solicitor and been named as administrator of the estate in order to deal with anything. Putting the mortgage in your name means nothing. Did you contact the land registry and put the ownership of the house in your name too? It sounds awfully like his estate has not been properly wound up.
    See a solicitor ASAP.



    Darren
    Xbigman's guide to a happy life.

    Eat properly
    Sleep properly
    Save some money
  • unforeseen
    unforeseen Posts: 7,271
    First Anniversary Name Dropper First Post
    Forumite
    If the house was held as joint tenants then no action need to be taken as the death certificate is sufficient to show that the other person is sole owner.
  • iolanthe07
    iolanthe07 Posts: 5,493 Forumite
    You would of(sic) needed to contact a solicitor and been named as administrator of the estate in order to deal with anything.

    You don't need a solicitor to administer an estate. I have done it successfully three times now just using the free government forms and advice. However, in the special circumstances noted by the OP, I believe she should engage professional help.
    I used to think that good grammar is important, but now I know that good wine is importanter.
  • Candyapple
    Candyapple Posts: 3,384
    First Post First Anniversary Combo Breaker Intrepid Forum Explorer
    Forumite
    shell2712 wrote: »
    The first charge is from Progressive Finance and is in the amount of £27,000 !! On going through my husbands paperwork i found out that this was a loan taken from Welcome Finance many years ago in the original amount of £10,000. On the paperwork there are two signatures - one is my husbands the other one is in my married name (we were not married at this point).

    So your husband took out a joint loan and forged your signature.

    You need to check all 3 of your credit files to see if the debt shows up and/or if there are any other debts he took out in your name that you don't know about.

    The free versions to check your credit files are below:
    Experian: https://www.moneysavingexpert.com/creditclub
    Equifax: https://www.clearscore.com
    Call Credit: https://www.noddle.co.uk


    shell2712 wrote: »
    He took the loan out and never made a payment. They never wrote to him about it or anything...strange wouldn't you say??

    How do you know they never wrote to him? Clearly he hid the fact that he fraudulently applied for a joint loan from you, hiding a few letters is easy in comparison.
    I'm a Board Guide on the Credit Cards, Loans, Credit Files & Ratings boards. I'm a volunteer to help the boards run smoothly, and I can move and merge threads there. Any views are mine and not the official line of moneysavingexpert.com
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 342.5K Banking & Borrowing
  • 249.9K Reduce Debt & Boost Income
  • 449.4K Spending & Discounts
  • 234.6K Work, Benefits & Business
  • 607.1K Mortgages, Homes & Bills
  • 172.8K Life & Family
  • 247.4K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.8K Discuss & Feedback
  • 15.1K Coronavirus Support Boards