Debt collectors chasing dead brothers cash
Discussion
My brother passed away last year, he didn't have much apart from his pension - about £33k
He died intestate and unexpectantly, leaving no dependants or a spouse, so the pension money went to my parents.
It appears that 15 years ago he owed the Halifax a few hundred pounds, however as we dealt with his estate we had no knowledge of this.
Twelve months on and a debt agency has been in contact out of the blue, chasing the outstanding money (plus fees) around £1300 in total. At 86, my Dad's a stubborn bugger and doesn't understand why he has to settle his dead son's debt.
Anyone have any thoughts on this and how best to approach it (apart from the obvious 'pay it and move on') before I contact Citizens advice ?
Thanks
He died intestate and unexpectantly, leaving no dependants or a spouse, so the pension money went to my parents.
It appears that 15 years ago he owed the Halifax a few hundred pounds, however as we dealt with his estate we had no knowledge of this.
Twelve months on and a debt agency has been in contact out of the blue, chasing the outstanding money (plus fees) around £1300 in total. At 86, my Dad's a stubborn bugger and doesn't understand why he has to settle his dead son's debt.
Anyone have any thoughts on this and how best to approach it (apart from the obvious 'pay it and move on') before I contact Citizens advice ?
Thanks
Cool Mart said:
My brother passed away last year, he didn't have much apart from his pension - about £33k
He died intestate and unexpectantly, leaving no dependants or a spouse, so the pension money went to my parents.
It appears that 15 years ago he owed the Halifax a few hundred pounds, however as we dealt with his estate we had no knowledge of this.
Twelve months on and a debt agency has been in contact out of the blue, chasing the outstanding money (plus fees) around £1300 in total. At 86, my Dad's a stubborn bugger and doesn't understand why he has to settle his dead son's debt.
Anyone have any thoughts on this and how best to approach it (apart from the obvious 'pay it and move on') before I contact Citizens advice ?
Thanks
The pension was likely in trust and outside of the deceased's estate. The debt collectors have no claim against the proceeds. He died intestate and unexpectantly, leaving no dependants or a spouse, so the pension money went to my parents.
It appears that 15 years ago he owed the Halifax a few hundred pounds, however as we dealt with his estate we had no knowledge of this.
Twelve months on and a debt agency has been in contact out of the blue, chasing the outstanding money (plus fees) around £1300 in total. At 86, my Dad's a stubborn bugger and doesn't understand why he has to settle his dead son's debt.
Anyone have any thoughts on this and how best to approach it (apart from the obvious 'pay it and move on') before I contact Citizens advice ?
Thanks
Rufus Stone said:
The pension was likely in trust and outside of the deceased's estate. The debt collectors have no claim against the proceeds.
When I left my last job and went to work for a competitor in a completely different continent I received a threatening email telling me I would be taken to court unless I signed a non disclosure agreement. I spent ages worrying about this and ended up getting legal advice which said they didn't have a case at all. I then watched a YouTube video which suggested these b
ds try it on, hope you will panic and agree to anything and that the correct response is "fk YOU"I suggest you do the same with the debt collectors
Saleen836 said:
If it was an unsecured debt then it becomes statute barred after 6 years so becomes unenforceable, most likely the debt has been sold on numerous times and the latest vulture is chancing their arm and sending out their 'legal' sounding letters hoping to scare you into paying up
IANAL but I though debts are wiped off after 6yrs also.Sorry for your loss.
As has been pointed out the pension pot was probably outside his estate so they have no claim on that.
Assuming there was nothing else of value I would tell them exactly that and point out the stress that their claim was causing your father. If they don't leave it then maybe put a few social media posts up calling them out on their actions. A little bit of bad publicity may make them think twice, although they are debt collectors so probably not.
As has been pointed out the pension pot was probably outside his estate so they have no claim on that.
Assuming there was nothing else of value I would tell them exactly that and point out the stress that their claim was causing your father. If they don't leave it then maybe put a few social media posts up calling them out on their actions. A little bit of bad publicity may make them think twice, although they are debt collectors so probably not.
Slightly different scenario but I took on the role of LPA for an elderly relative who had by then acquired 4 different debt collectors aggressively chasing an 82 year old for a tad under £10k.
By then she was in a care home.
I emailed all 4 and cc’d the company for whom each was acting.
I might have laid it on fairly aggressively but all 4 withdrew and all 4 companies waived their respective debts.
Good luck.
By then she was in a care home.
I emailed all 4 and cc’d the company for whom each was acting.
I might have laid it on fairly aggressively but all 4 withdrew and all 4 companies waived their respective debts.
Good luck.
Saleen836 said:
If it was an unsecured debt then it becomes statute barred after 6 years so becomes unenforceable, most likely the debt has been sold on numerous times and the latest vulture is chancing their arm and sending out their 'legal' sounding letters hoping to scare you into paying up
This.Having experience of this they’ll give up eventually, but it can be initially stressful (emotionally also) until you realise the debt has been sold to a collection firm who must know the chances of recovery are low, having paid pennies in the pound for the debt most likely.
FWIW in my limited experience of debt collectors and debts that are in fact uncollectable like this one, if you get in touch with them and explain why they won't be collecting, they usually go away and are much easier to deal with than say BT directly chasing debts, who may agree on the phone but keep sending threatening letters.
Debt collectors don't want to waste money on the uncollectable and are set up to avoid doing so, unlike large companies chasing their own debts.
Debt collectors don't want to waste money on the uncollectable and are set up to avoid doing so, unlike large companies chasing their own debts.
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