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  • #1

    Advice Required - Dealing with an Estate

    Hi Guys
    Any advice on this one would be appreciated.
    Sadly my Father passed away in October last year; i took care of the immediate estate issues shortly after, however he also had several outstanding debts (most with DCAs).
    To date i haven't made any contact with any of these companies, however my intention was to start sending letters informing them with a copy of the DC.

    Last week i received a letter from a DCA sent to my personal address, addressed to my Father with details stating that enquiries had confirmed he now lived at my property....

    I know DCAs have some poor tactics, but where on earth would they be able to get this sort of information?

    Any advice on what i should do with this??
    Many Thanks
    Tags: act, address, advice, care, companies, con, date, dca, debts, details, enquiries, estate, help, information, issues, letter, letters, loss, lost, money, october, personal, poor, property, tactics, wife
  • #2
    Re: Advice Required - Dealing with an Estate

    Firstly sad to hear of your loss,xx I can't offer anything I'm afraid but our team will be along to help shortly xx
    if you do it today and you like it you can always do it again tomorrow

    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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    • #3
      Re: Advice Required - Dealing with an Estate

      Hello, I lost my wife seven years ago. She had debts all over the place. No-one came back to me after I'd informed them. I wouldwait and see if any more contact you, then post here
      []Remember. Everytime a Soldier or Policemen loses thier job, everytime a school can't afford a book, everytime a streetlight has to be turned off - a bankers greed, incompetence and ineptitude played a large part. In Financial Services?, in a Bank? Then think on....you are helping this process along....

      Comment

      • #4
        Re: Advice Required - Dealing with an Estate

        Originally posted by KKA View Post
        Hi Guys
        Any advice on this one would be appreciated.
        Sadly my Father passed away in October last year; i took care of the immediate estate issues shortly after, however he also had several outstanding debts (most with DCAs).
        To date i haven't made any contact with any of these companies, however my intention was to start sending letters informing them with a copy of the DC.

        Last week i received a letter from a DCA sent to my personal address, addressed to my Father with details stating that enquiries had confirmed he now lived at my property....

        I know DCAs have some poor tactics, but where on earth would they be able to get this sort of information?

        Any advice on what i should do with this??
        Many Thanks
        I think the first thing to do would be to inform them that your father has passed away. The cheeky buggers who've had the cheek to relocate the debt to your address, I'd send that back, marked not at this address.

        I am presuming there is no estate left, in that case they are on to plums................

        Comment

        • #5
          Re: Advice Required - Dealing with an Estate

          As Mrs D suggests write a letter to each creditor advising that your father has passed away. If there is money in the estate then advise them who is dealing with it i.e. the executor but if there is no money left in the estate after payment of funeral costs then tell them there is no funds.

          As to how they obtained your details did you happen to use the Post office redirection service?
          Legal Disclaimer
          I am a solicitor Advocate who specialises in consumer credit and my firm is Joanna Connolly Solicitors. My leading case of Carey v HSBC set the legal precedence for creditors compliance with s.77 & s.78 Consumer Credit Act 1974 statutory requests & enforcement of debts in court. Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk.

          If you need to contact me you can send me a message by clicking my username or by emailing me at jo@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340.

          Comment

          • #6
            Re: Advice Required - Dealing with an Estate

            sorry to hear of your loss, I would do as Mrs D and Jo suggest.

            I think we did have someone on here that did tell one DCA that his father had passed away, yet they still kept writing and insisted that he contacted them,to give them his new address, I think he gave them the address of the local cemetary and a medium.
            did not mean to make light of your loss but just to show you that not all letters are read properly x
            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

            Comment

            • #7
              Re: Advice Required - Dealing with an Estate

              Hi
              Nightwatch, that seems like a good idea!

              Jo, no i didn't use the post office redirection, I made contact with all relevant authorities, closed or suspended domestic bills etc at the beginning of the year.
              The letters from the DCAs were ignored at that point.
              He has a small property which i need to start organising, the letter from the DCA arriving at my address has prompted me to start the ball rolling as not done an awful lot with this since the start of the year.

              I will start sending letters, should i provide my contact details at this point or am i likely to be harassed non-stop?
              I still have access to the property and can collect the post from here.

              Any advice appreciated.
              KKA

              Comment

              • #8
                Re: Advice Required - Dealing with an Estate

                if the letter from the DCA was addressed to your dad at your address then they are just fishing for information and probably have some how linked you to him, or any other person with the same name, I would be tempted to hold off on giving any information till you have sorted out his estate, maybe wait and see what happens next

                NW xx someone may dissagree with me but untill you know what you are doing with any money in the estate you can't make anyone an offer to clear the debt, if you get my drift
                I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                Comment

                • #9
                  Re: Advice Required - Dealing with an Estate

                  Oh good lord you've got Mrs D and NW on the case x


                  Disagree with you NW ? Surely not !
                  if you do it today and you like it you can always do it again tomorrow

                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                  Comment

                  • #10
                    Re: Advice Required - Dealing with an Estate

                    NW, Yes i think i may well do this.
                    Can someone please advise if these debts can be negotiated regarding the final value, or if there is sufficient funds available once the estate is sold they will require payment in full.
                    Most are credit/store cards dating back years.
                    Many Thanks
                    KKA

                    Comment

                    • #11
                      Re: Advice Required - Dealing with an Estate

                      credit card etc debts are the last to look at IFFFFFFFFFFFFFFFFFFF anything left, but until they make a difinative contact Not a Phishing trip see what comes next if anything!? sure other will comment also
                      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                      Comment

                      • #12
                        Re: Advice Required - Dealing with an Estate

                        If there's any debts outstanding they must be satisfied from the estate long before you get what's left / if anything.

                        Jo will be able to confirm factually for you. I'll ask her to look in.
                        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                        Comment

                        • #13
                          Re: Advice Required - Dealing with an Estate

                          The creditor would need to be able to provide evidence of compliance with the Consumer Credit Act 1974 . It would be appropriate for executors to request sight of the relevant loan documentation to see if the debt would be enforceable against the estate. If the debt was not enforceable against the deceased then the estate is not liable. Similarly the estate would be able to request refunds of any PPI etc.

                          If the account in question was in arrears then the creditor would have to show compliance with s.86 B/C of the Act for any interest and default charges whilst the account was in arrears..

                          Executors have a year to pay debts etc from grant of probate so they have time to obtain the documentation.
                          Legal Disclaimer
                          I am a solicitor Advocate who specialises in consumer credit and my firm is Joanna Connolly Solicitors. My leading case of Carey v HSBC set the legal precedence for creditors compliance with s.77 & s.78 Consumer Credit Act 1974 statutory requests & enforcement of debts in court. Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk.

                          If you need to contact me you can send me a message by clicking my username or by emailing me at jo@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340.

                          Comment

                          • #14
                            Re: Advice Required - Dealing with an Estate

                            Hi
                            Many Thanks for the responses, i will be organising probate in July, once i have some figures pulled together i may be back for more advice.
                            At this stage i wont make any contact and just file the letters until i have a full picture of the situation.
                            Best Regards
                            KKA

                            Comment

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