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Well, here's a cautionary tale that links back to an (unresolved) discussion we had some time ago about how to make sure that beneficiaries of a will don't unwittingly pay out on unenforceable debts after an untimely demise. While it's one thing to say that a debt that's unenforceable in life remains so after death I can see a situation where those left behind receive a solicitor's letter asking for payment to settle a 'debt' and do so - they'll have bigger considerations, obviously. I can also see anyone managing an estate erring on the side of caution and paying out too.
So on to my real-life example. Towards the end of last year a close friend of mine died and I'd agreed to act as executor for his estate, such as it was - enough to pay for a funeral, buy a few drinks for friends and dispose of his impressive T-shirt collection. In very round numbers there was ~£4500 in his current account with a £2000 credit card balance, which I was expecting. I agreed to pay one with the other and funded a funeral and a 'gathering' for friends with the remainder.
Which was basically it, until a letter arrived querying whether the recently deceased 'John Doe' was the same John Doe that owed HSBC some £10,000 - I can only assume that they'd been matching updated death records with 'debtors' on their list and decided to try for a pay-out from the estate.
I asked for the usual documents - CCA, assignment, etc. and received what were apparently 'the documents I'd asked for' which was very much not that, just of a single sheet listing random payments totalling less than £1000 dating back to 2009. I very much doubt that they'll be able to produce anything like what's required but I'm trapped in a back-and-forth for a couple of months before telling them where to get off. I held debt-purchasers in pretty low regard anyway, but this has edged them a little lower down the humanity tree as far as I'm concerned.
To return to the initial discussion, my will has a letter attached 'to whom it may concern' listing statute barred debts with instructions of who to contact should the need arise. It seemed the best I could do in the circumstances.
So on to my real-life example. Towards the end of last year a close friend of mine died and I'd agreed to act as executor for his estate, such as it was - enough to pay for a funeral, buy a few drinks for friends and dispose of his impressive T-shirt collection. In very round numbers there was ~£4500 in his current account with a £2000 credit card balance, which I was expecting. I agreed to pay one with the other and funded a funeral and a 'gathering' for friends with the remainder.
Which was basically it, until a letter arrived querying whether the recently deceased 'John Doe' was the same John Doe that owed HSBC some £10,000 - I can only assume that they'd been matching updated death records with 'debtors' on their list and decided to try for a pay-out from the estate.
I asked for the usual documents - CCA, assignment, etc. and received what were apparently 'the documents I'd asked for' which was very much not that, just of a single sheet listing random payments totalling less than £1000 dating back to 2009. I very much doubt that they'll be able to produce anything like what's required but I'm trapped in a back-and-forth for a couple of months before telling them where to get off. I held debt-purchasers in pretty low regard anyway, but this has edged them a little lower down the humanity tree as far as I'm concerned.
To return to the initial discussion, my will has a letter attached 'to whom it may concern' listing statute barred debts with instructions of who to contact should the need arise. It seemed the best I could do in the circumstances.