Barclaycard sold to Allied

[SXGuy]

Hi Guys.

My mother has been paying her Egg card for a number of years, repaid around 6k, all this time she was unsure whether the agreement was taken out by my father who died some years ago, and she was only ever a second card holder.

Anyway, the Egg Card has recently been bought by Barclaycard.

Today she gets an answerphone message, from Mercers asking to speak to my late father regarding the account.

I think this answerphone message confirms that it was indeed my father who took the agreement out, otherwise why would they not ask for my mother if she was the one who took out the credit card.

My query is, what to do next, i cant write a CCA request on behalf of my father as hes dead. I dont really want to put my mothers name to paper while they are chasing my late father.

Question is, while they maintain to chase my late father, should she just ignore it? or would it be possible for her to get back any money shes paid in?

Your thoughts please guys?

[Never-In-Doubt]

Barclaycard sold to Allied

Your mum would simply advise them that your father is deceased however they may be trying to pursue it from any possible estate in which case the fact your mum is paying, may not be such a bad thing although I think they'd struggle to obtain anything formally through court based on it not being her account.

Did your dad have insurance with the card, if so then usually upon death the balance is wiped (only if he had PPI I think).....

[SXGuy]

Re: Advice with Egg Card

No he had no insurance, and when he died, he left nothing in the estate, i was executor of his estate and can confirm this.

my mothers house is mortgaged in her name only, he had nothing.

Yes i could write back as executor and state hes dead, supply a copy of the death cert, but i dont wanna be to quick with this one. I dont want them turning around with some excuse about getting the name wrong etc.

Id rather let them play it out while they continue to chase him until anything formal happens, i.e court papers, at that point, i could write to the court and include a copy of his death cert couldnt i?

[Undercover Elsa]

Re: Advice with Egg Card

Then the court would ask why, as Executor, you'd ignored their letters to that point. If there's no estate and your Mum's name isn't on the agreement then she's no obligation to pay it.
If it was me I'd write and ask why they are trying to contact your late father and take it from there. Then as executor you can ask for proof of the debt etc..

[SXGuy]

Re: Advice with Egg Card

Wouldnt my obligations as executor be wiped now considering he died nearly 9 years ago? or does the obligation remain forever?

We have not received any letters yet, only 1 phonecall, so personally, i dont feel i should do anything until a letter has been received, addressed to him, then at that point i would write back and query it. Does that sound about right?

[Undercover Elsa]

Re: Advice with Egg Card

Definitely. Wait till you get something in writing. Is your Mum still paying it?
If it's solely in his name then that would prompt a letter from you saying that following her bereavement your Mother was confused and carried on paying this in the belief it was her account..hence as Executor you did not notify them at the time etc etc

[SXGuy]

Re: Advice with Egg Card

Ok thanks for that.

Shes no longer paying it as the standing order for Egg has been cancelled since they bought the debt, she hasnt set up another standing order.

I will wait till she gets a letter, if its addressed to my father, i will write back as executor and ask what the debt relates to, if they confirm its for an agreement created by my father, then ill hit them with the death cert and the info you just mentioned.

Thanks for the help.

[PlanB]

Re: Advice with Egg Card

Hi Guys.

My mother has been paying her Egg card for a number of years, repaid around 6k, all this time she was unsure whether the agreement was taken out by my father who died some years ago, and she was only ever a second card holder.

This raises an interesting legal point. When my daughter was on her Gap Year travels I had her added as a second cardholder on my Barclaycard and Harrods Mastercard (don't ask!). I recall being informed at the time by the creditor that I had sole liability for the account and my daughter had none whatsoever since it wasn't a joint acount. That was also stated clearly in the Ts & Cs at the time. It usually does say that. I wonder if this means your mother needn't have paid anything for the last 9 years let alone now

If I'm wrong then my daughter owes me big time

[SXGuy]

Re: Advice with Egg Card

This raises an interesting legal point. When my daughter was on her Gap Year travels I had her added as a second cardholder on my Barclaycard and Harrods Mastercard (don't ask!). I recall being informed at the time by the creditor that I had sole liability for the account and my daughter had none whatsoever since it wasn't a joint acount. That was also stated clearly in the Ts & Cs at the time. It usually does say that. I wonder if this means your mother needn't have paid anything for the last 9 years let alone now

If I'm wrong then my daughter owes me big time

Exactly, this is my point also.

Infact she tells me today that when my dad died, he had a card with RBOS, she was second card holder, when she notified them of his death, she said, but ill continue to pay if i can keep the card, and they insisted she couldnt do that, and would have to apply for a new card, which she didnt.

The thing with this Egg card is, i have no legal documents to show whos name is on the agreement. The old Egg online banking only shows the card number, and uses her login details, however this was set up one day over the phone with Egg when she couldnt access it.

She tells me she believes that she had notified them of my fathers death at the time, but continued to repay the balance.

The card has been cancelled for over 6 years, and she has only been repaying the balance on it since.

Its funny, we was only talking the other day about UE for the rest of her credit cards and she mentioned about this one, and then today the call happens.

I can see it getting confusing though as mercers are already dealing with her barclaycard so im gonna have to keep checking ref numbers with any letters she gets. lol

[SXGuy]

Re: Advice with Egg Card

The only reason she did was because she was unsure who the agreement was under.

See my dad used to apply for credit cards online, and either he would apply in his name, on apply on her behalf, she wasnt sure what he did with this one.

It would be amazing if she was able to claim everything she had repaid lol but she would be happy for it to just be wiped off.

I really wanna find out about this one, but at the same time, i dont wanna push it until they make the first move, oh the dilema!! lol

[Never-In-Doubt]

Re: Advice with Egg Card

Right the facts, credit cards are sole - no such thing as a joint account - that is simple.

Ok, if you have an account and add a second card holder and that second holder goes mad and blows the limit - you're responsible, not them - you.

Thirdly, if you are an additional account holder on another persons card account then you are NOT liable for ANY of the debt, the actual account holder is 100% liable.

If you are an additional cardholder that has been paying a debt that is not yours, then you write in and demand a full refund of all monies paid.

If they refuse then you formalise it via the FOS who should then find in your favour, as the debt was never 'yours' thus you have no legal right to actually be invoiced for payment, let alone actually make any such payment.

I would be fucking into the bank especially if they knew at any point after the death, that he had dies, before then taking payments from your mum. If they knew of your fathers death then still took payments from your mum, and made threats etc to your mum, they've broken the law.

Those are the most common facts regards these types of problems.

[Never-In-Doubt]

Re: Advice with Egg Card

I really wanna find out about this one, but at the same time, i dont wanna push it until they make the first move, oh the dilema!! lol

Well have you not got an old statement or something? Surely there will be something regards this, in the house....

If its your mums, everything will be in her name, if it was your fathers everything would be in his name....

Just ask mum to ring and try and dicuss the account then you'll know won't you if they refuse!

[SXGuy]

Re: Advice with Egg Card

Thanks for the info guys.

Yeah i am gonna ask her to find a statement for which the standing order came out as i agree, the ref would be the credit card number, thats a start.

FlowerPower, my mothers situation is similar to as yours was.

She had about 9k on the card at one point, paid back around 6k over 4 years, and it didnt even make a dent in the balance, think it only cleared around 2k (my maths are prob way off) but you get the gist.

Niddy thanks for the info regarding where she stands legally, i will wait for a letter from them regarding the account. At which point i will do a CCA request under executor of the estate, and if it confirms my fathers name then i will demand my mother be repaid everything.

[SXGuy]

Re: Advice with Egg Card

Guys, ive dug a little deeper with this, and it gets more confusing.

I managed to track down an old egg paper statement from july 2010, clearly showing the credit card number and addressed to my mother.

I then compared those details to the letter she got from barclaycard regarding her egg account.

No where in the letter does it state the credit card number in relation to her egg account, however the only reference shown is XXXX XXXX XXXX 0004 displayed top right of the letter and exactly as shown, only last 4 digits displayed.

When barclaycard buy accounts, do they replace the last 4 digits of the account?

Could Egg at any time in the past send statements to my mother if she wasnt primary card holder?

These two questions now bug me because if its Yes to both, then i still am none the wiser to who the agreement would have belonged to.

I have decided that i will telephone the woman who left the message tomorrow, and try to get her to confirm the account she is querying in regards to my father.

[Never-In-Doubt]

Re: Advice with Egg Card

Hiya

Ok regardless I do think this will be unenforceable so lets not worry about that - the next most important part is establishing liability - we have to assume it is your mums account, unless they write to your late father in which case we can then fight for a refund and act.

As we're unclear, sit and wait - do nothing, and stop all payments.

Seriously, trust me - just wait - see what happens and keep us informed...... don't rock the boat, not yet. Let it sit for the time being...