Any lawyer out there?

BeckyAndEve · May 15, 2011 7:29AM

I'm hoping 1 or 2 of you might be lawyers or have a knowledge of the British law!

My dad died 15 months ago, he and his wife were both alcoholics and when he died it came to light that they owed around ??100000 in total to several different creditors!

The house was repossessed due to many mortgage payment having been missed and several creditors wrote off the debt as a gesture of goodwill! This still left about ??60000 of debt owing!

My husband and I paid for the funeral which cost just over ??3000 as my dads wife just stated she couldn't afford to pay and did nothing to try and organise the funeral!

We have not spoken or seen her since!

Today I received a call from a debt collection agency asking if we knew where my dads wife is as she has missed several court dates in regard to the debt and is avoiding all contact! I told them that we had no contact but gave a rough idea of where I thought she might be and also that she was now living in a council flat so couldn't be that hard to track down!

I was told that if they cannot find her the debt will fall to the deceased's children who will have to pay it! Surely this can't be right?

I'm panicking a bit as I'm sure my dads wife could go unnoticed especially if she knows people are looking for her for debt recovery! My husband and I are doing ok financially but are by no means well off, we've worked hard for what we have, my brother and his wife struggle financially and my younger brother is only 21!

I was always under the impression all debts are my dads wife responsibility especially asthey were all accumulated in the years they were together!

Can anyone help me?

Becky

Xxx

undecided · May 14, 2011 9:54AM

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/DebtsAndArrears/DG_10013093

Hope this provides some reassurance. The debt collection agency will be trying their luck and you may have to field some annoying calls & junk mail (if they manage to get your address) but just ignore them.

If it becomes too much, go to your local Citizen's Advice and they will be able to contact the said agency and stop them hassling you.

Good luck & sorry for your loss xx

KazzieM · May 14, 2011 10:35AM

Sorry for your loss and added distress, it's not an easy thing to deal with. My Fil passed away with cancer two years ago and my Mil has alzheimers meaning that my husband and his brother are both having to deal with probate (alas no will was made) and all outstanding debts. It's no end of bother but again I advise a look at direct.gov.uk as the advice on here is highly useful. Councils will try their luck to get their money faster (even though they know they aren't always entitled to do it in the harrassing manner). We've had council asking us to sell our home to cover MIL care fees and FIL debts but have declined as my DH is named as a joint tennant on the title deeds and solicitors have confirmed the home is legally ours. Hope you don't have too much bother. Best wishes.

Socksxx · May 15, 2011 7:02AM

I only have limited experience in probabte as it was not really my field of practice and I never dealt with an estate in debt, however, my understanding is that any debts taken by your father alone will have to be paid from his estate or secured on half of any joint assets owned by him and his wife. If there is insufficient finance available to cover these the debts die with him and the debt companies have to write them off. If he and his wife jointly took on any debt the responsibility of the debt will have passed to his wife on his death. You will only be responsible for them if you entered into any loan agreements with him. I am sure someone will correct me if I have misunderstood but CAB will almost certainely be able to confirm it for you either way. Generally debt collection agencies are bullies who work on commission based on being paid a percentage of what they recover so they will try all sorts, if they start getting heavy lots of solicitors offices will do a once a month free legal advice clinic it might be worth calling round to see if anyone near you does it. x

Socksxx · May 15, 2011 7:13AM

I should have mentioned that if he gave you any assets (sums of money, car, house or anything of value) up to 7 years before he died they are entitled to make a claim against those, ie. force you to buy them from him at full market value. There are exceptions but as I don't even know if this is relevant I won't go into it x

BeckyAndEve · May 15, 2011 7:29AM

Thanks for all your advice!

I don't have any joint loans etc with my dad and received no assists or gifts prior to him dying!

It sounds like the debt recovery agency are just trying it on, it's such a worry especially as I have no idea how they got my number!

I'll speak to them again on Monday and if needs be speak to citizens advice!

thanks again!

Becky

Xxx

Any lawyer out there?

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