Sons Car insurance company chasing payment after he died
Discussion
Some advice please...
My 23year old Son Passed away about 6 weeks ago, he left no will or money, but as his next of kin I am obviously left trying to settle his estate.
My Son was in his overdraft at the bank, but the bank have closed his account and absorbed the £300 he was in debt by. Same with his Mobile phone, they just closed the account.
Living at Home his only asset was his car, the car (Land Rover Defender) was off the road due to clutch/gear box problems. I have subsequently authorised a repairer to fix the problems which look like maybe around £1500 or more for clutch gearbox, dual mass flywheel and crank shaft oil seal and labour.
Taking into account his funeral expenses, his car repairs and the value of the car, I will be very lucky to get a bacon butty out of anything left when I sell the car, and most likely actually substantially out of pocket.
When sorting out and informing his mobile, his bank etc, everyone was very helpful & understanding and just simply closed the account, not it would seem Adrian Flux who he was insured with, at first they wanted me to settle his insurance (he was paying monthly) to the tune of £250(ish), when I said that he left no money within his estate they went off and reduced it to £70.
Now whether I can afford or not to pay off this amount I feel is immaterial, there is no money in his estate and therefore no money to pay off any outstanding debts, yet having explained this to Adrian Flux they see intent on sending me (addressed as the Executor)letters threatening debt collectors and court action.
To my understanding, they can not take me to court, and as his next of Kin I am not responsible for his debts unless there is sufficient within his estate (which there isn't), am I right? this has become a bit of a challenge and I feel like I am fighting for something for my son, but am I wrong? should I just pay it off, and never ask Adrian Flux ever again for a quote on my other cars??
My 23year old Son Passed away about 6 weeks ago, he left no will or money, but as his next of kin I am obviously left trying to settle his estate.
My Son was in his overdraft at the bank, but the bank have closed his account and absorbed the £300 he was in debt by. Same with his Mobile phone, they just closed the account.
Living at Home his only asset was his car, the car (Land Rover Defender) was off the road due to clutch/gear box problems. I have subsequently authorised a repairer to fix the problems which look like maybe around £1500 or more for clutch gearbox, dual mass flywheel and crank shaft oil seal and labour.
Taking into account his funeral expenses, his car repairs and the value of the car, I will be very lucky to get a bacon butty out of anything left when I sell the car, and most likely actually substantially out of pocket.
When sorting out and informing his mobile, his bank etc, everyone was very helpful & understanding and just simply closed the account, not it would seem Adrian Flux who he was insured with, at first they wanted me to settle his insurance (he was paying monthly) to the tune of £250(ish), when I said that he left no money within his estate they went off and reduced it to £70.
Now whether I can afford or not to pay off this amount I feel is immaterial, there is no money in his estate and therefore no money to pay off any outstanding debts, yet having explained this to Adrian Flux they see intent on sending me (addressed as the Executor)letters threatening debt collectors and court action.
To my understanding, they can not take me to court, and as his next of Kin I am not responsible for his debts unless there is sufficient within his estate (which there isn't), am I right? this has become a bit of a challenge and I feel like I am fighting for something for my son, but am I wrong? should I just pay it off, and never ask Adrian Flux ever again for a quote on my other cars??
sidekickdmr said:
Firstly, im very sorry to hear about your Son, you have my condolences.
Secondly, if he was paying insurance monthly, i was of the understanding you could cancel it anytime into the year and "walk away". I’ve always paid my insurance monthly and its worked like this when i have cancelled. I know it’s a one off yearly premium with finance applied to it. But let’s say his premium was £1,000, and you cancel it 3/4 of the way through the year. You should be entitled to £250 refund which would clear the outstanding non?
Secondly, although the car was still insured against fire and theft, is it worth mentioning it hasnt been on the road for XX months/weeks?
On the basis that I understood his insurance would be automatically stopped upon his death, I insured the car in my name, being 48 its considerably cheaper than continuing with what he was paying, interestingly I did get a quote form Adrian Flux at the time who were too expensive.Secondly, if he was paying insurance monthly, i was of the understanding you could cancel it anytime into the year and "walk away". I’ve always paid my insurance monthly and its worked like this when i have cancelled. I know it’s a one off yearly premium with finance applied to it. But let’s say his premium was £1,000, and you cancel it 3/4 of the way through the year. You should be entitled to £250 refund which would clear the outstanding non?
Secondly, although the car was still insured against fire and theft, is it worth mentioning it hasnt been on the road for XX months/weeks?
The car at the time of his death was just drivable, but with badly slipping clutch and crunchy gears you wouldn't have wanted to go very far. Very nice Landy apart from that I have to say.
On your first second point, this was my thoughts when I innocently rang them to inform them, but apparently not. I guess I should say his payments were paid right up to date and actually was paid on the day he died in February so only March payment would have been outstanding. For obvious reasons is was about 3 weeks before I could bring myself to contact them, but this was the same for everything else I had to cancel.
charltjr said:
Firstly I'd like to say that I too am very sorry for your loss.
I went through something similar with my father recently and the advice I got was to be very, very careful when dealing with an insolvent estate - i.e. one where the debts exceed the assets.
If this is the situation in which you find yourself you may not be aware that a) You do not have to act as executor for your son's estate and b) if you choose to act as executor and make a procedural error in dealing with the estate you can find yourself personally liable for any debts.
The advice I received and followed was that I should not under any circumstances act as executor for an insolvent estate unless I was willing to pay for professional legal advice. There is nothing stopping you renouncing your role as executor and simply informing the creditors of his passing. It will then be down to them to go from there.
Again, my best wishes at this very sad time. Losing an aging father was bad enough, I can't imagine the pain of losing a son.
Thanks - This interesting, I am not officially his executor, there is no estate after funeral expenses are paid and his car is sold, I did not need to go to probate etc. So infact all I have done is to notify them as his next of Kin.I went through something similar with my father recently and the advice I got was to be very, very careful when dealing with an insolvent estate - i.e. one where the debts exceed the assets.
If this is the situation in which you find yourself you may not be aware that a) You do not have to act as executor for your son's estate and b) if you choose to act as executor and make a procedural error in dealing with the estate you can find yourself personally liable for any debts.
The advice I received and followed was that I should not under any circumstances act as executor for an insolvent estate unless I was willing to pay for professional legal advice. There is nothing stopping you renouncing your role as executor and simply informing the creditors of his passing. It will then be down to them to go from there.
Again, my best wishes at this very sad time. Losing an aging father was bad enough, I can't imagine the pain of losing a son.
WinstonWolf said:
Contact this guy, I'm sure they'll be able to deal with it sympathetically for you.
http://www.pistonheads.com/gassing/profile.asp?h=0...
I have messaged him lets see what he says.http://www.pistonheads.com/gassing/profile.asp?h=0...
Cheers Paul
Thanks to everyone that has commented - I have had communication from Adrian Flux that they will now cancel this charge.
I do wonder if I hadn't posted this if they would have actually progressed with a debt collectors etc....
Once again thanks, and for all the messages of condolences.
Paul
I do wonder if I hadn't posted this if they would have actually progressed with a debt collectors etc....
Once again thanks, and for all the messages of condolences.
Paul
Jon1967x said:
OP, I have thankfully not been in your exact shoes but like many people, I've had to deal with the loss of loved ones and close friends and then dealing with the estate, having to address bills and legal duties and it is truly horrible. You came on asking for advice on SPL, I gave a legal and not compassionate view, and my choice of words could certainly have been better. I apologise for any offense this may have caused.
As said earlier, you have my sincere condolences.
As the situation with AF is now resolved I hope we can all leave the OP to grieve.
Apology accepted.As said earlier, you have my sincere condolences.
As the situation with AF is now resolved I hope we can all leave the OP to grieve.
This was never ever about the money, all about the principal I used costs and status etc. to rationalise my thinking and to explain the situation a fully as possible - The land Rover is the cleanest and most straight and original I have seen anywhere given its 10 years old, it would have been a shame not to make it 100% perfect and have a couple of weeks use before I sell (if she who will be obeyed will allow me to).
Edited by Rugbyfester on Monday 30th March 09:28
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