Any solicitors on here? Credit agency advice if possible.

[uncle bob]

Me and three other people were put in charge of my late cousins will and estate.
We've done everything by the book.
Sold the house.
Possessions etc and have paid off all his creditors apart from a credit agency who claim he owes £56000 in old credit card debts.

We have asked for proof about two months ago and they said it could take some time to get.

We've since contacted them again and they said its hard to get the proof as the debts were so long ago and it seems they've all been bought by this debt company.

I presume we will have to get a solicitor involved for such a large amount, but is this a case of if they can't give the proof of the debts being taken out then they can't have it?

As executors of the will we are waiting to divide up his estate to his beneficiaries as everything else has been done apart from this stumbling block.
Cheers for any advice

[pipster]

Re: Any solicitors on here? Credit agency advice if possible.

From chtGPT4

As executors of a will, you have the responsibility to ensure that all debts and obligations of the estate are settled before distributing the remaining assets to the beneficiaries. Here are some key points to consider in your situation:

Requesting Proof of Debt: It's standard practice to request proof of any claims against the estate. If the credit agency is unable to provide adequate proof of the debt, they may not have a valid claim. Proof typically includes original credit agreements, statements showing the debt amount, and any relevant documentation.

Statute of Limitations: In many jurisdictions, there's a statute of limitations on debt. If the debt is very old, it might no longer be legally enforceable. However, this depends on the specific laws of your country and region.

Role of Solicitors: Given the large amount in question, consulting a solicitor is a prudent step. A solicitor can provide legal advice specific to your situation, including the validity of the debt claim and any relevant statutes of limitations.

Debt Purchase by a Collection Agency: If the debt has been purchased by a collection agency, they should still be able to provide proof of the debt. The lack of documentation might weaken their claim.

Distribution of Estate: As executors, you must ensure all valid debts are paid before distributing the estate. If there's uncertainty about a debt claim, it's wise to resolve this before making distributions to beneficiaries. This may involve legal consultation or even a court decision.

Estate Liability: It's important to remember that the liability for debts usually lies with the estate, not with the executors personally. However, if the estate is distributed without settling valid debts, executors could potentially be held responsible.

Communication with Beneficiaries: Keep the beneficiaries informed about the situation and the steps being taken. Transparency helps manage expectations and reduces potential conflicts.

Legal Proceedings: If the credit agency insists on the debt but fails to provide proof, they may need to take legal action to enforce it. A solicitor can advise on how to handle such a situation.

Given the complexity and the large amount of money involved, professional legal advice is strongly recommended. Each situation can have unique legal implications, and a qualified solicitor can guide you through the process while ensuring compliance with legal obligations.

Curtesy of ChatGPT 4

My opinion - they are chancing their arm and will want to tie you up in letters from their law dept in order to drain some money from the estate. Unfortunately that means you also have to pay a lawyer to engage with them. What is the last step of the execution of the will - I guess it where the probate office says case closed. After that - there is no come back from anybody.

Keep us informed of developments

[JumpersforGoalposts]

Re: Any solicitors on here? Credit agency advice if possible.

There is a six year limit to commence any legal proceedings to recover debts.
However, this will not apply if the debts are already subject to a CCJ.

[bluesp]

Re: Any solicitors on here? Credit agency advice if possible.

Definitely consult with a solicitor, happy to put you in touch with mine if you like. We are in a probate situation which is over a year long now - unfortunately the estate is in the hands of another firm of solicitors who aren't very good.

[pipster]

Re: Any solicitors on here? Credit agency advice if possible.

There is a six year limit to commence any legal proceedings to recover debts.
However, this will not apply if the debts are already subject to a CCJ.

I would have thought for 56K - a CCJ would have already been applied for and issued - if the claim was bonafide.

[sneggyblubird]

Re: Any solicitors on here? Credit agency advice if possible.

You've asked the question now let them prove the debt They'll be well aware of the legal obligations to prove it and as the other poster says if it's over six years they can whistle.

[Maurice Swan]

Re: Any solicitors on here? Credit agency advice if possible.

All good advice - I personally do not see the need to involve solicitors and their costs. @pipster and @sneggyblubird are correct.
Unless they provide proof of debt, and that it is within six years (unless CC judgement), you have no obligation. If the debit had been sold then the original company would not now be involved.

Whoever has contacted you regarding this...I would write a 'final response' letter saying they have 30 days to prove the debt AND also provide the original signed credit card agreement, or you will close the estate.
If they DO provide proof of debt I bet they won't have the original signed CC agreement......which in itself may not be termed correctly!

I've had a lot of dealings regarding CC debt(!), as although some people claim I have a good life now (which I do...) 12 years ago I was on my knees with CC debt (due to bad property development) and eventually fought my own way through the mire. If you need specific advice how to word things PM me.

[IanD]

Re: Any solicitors on here? Credit agency advice if possible.

Me and three other people were put in charge of my late cousins will and estate.
We've done everything by the book.
Sold the house.
Possessions etc and have paid off all his creditors apart from a credit agency who claim he owes £56000 in old credit card debts.

We have asked for proof about two months ago and they said it could take some time to get.

We've since contacted them again and they said its hard to get the proof as the debts were so long ago and it seems they've all been bought by this debt company.

I presume we will have to get a solicitor involved for such a large amount, but is this a case of if they can't give the proof of the debts being taken out then they can't have it?

As executors of the will we are waiting to divide up his estate to his beneficiaries as everything else has been done apart from this stumbling block.
Cheers for any advice

I take it there is no record of said credit card(s), letters from CC company demanding repayment, record of a CCJ or similar paperwork within your cousin's estate? Sounds very much like these people are chancers. A Google search/search of Companies House records might shed some light on the business ie are they even legit, have other executors been approached with such claims?. Otherwise, as advised above..."final proof" or "go away".

[North Cardiff Blue]

Re: Any solicitors on here? Credit agency advice if possible.

All seems like good advice, I agree it sounds a bit dodgy to me, if he owed it of course they could prove it no one is going to pay without proof. I wouldn't use a solicitor yet, as above right back asking for proof and give them a month to prove it, they will if it's genuine. See what happens and then maybe appoint a solicitor although they are expensive for what they do, so avoid them if you can.
Depending on how big the estate is can't you make a provisional payment to the beneficiaries explaining why you have to retain £60k or so for the time being?

[Maurice Swan]

Re: Any solicitors on here? Credit agency advice if possible.

No...do not make provision......issue a proof or desist!!

[North Cardiff Blue]

Re: Any solicitors on here? Credit agency advice if possible.

No...do not make provision......issue a proof or desist!!

Sorry Maurice, I mean pay some money to the beneficiaries if they are in need and ask for the money, while retaining enough to pay the debt if they have to eventually?

Mind you if solicitors did get involved it would be better to retain a larger amount to pay the debt and cover the solicitor's fees.

Anyway, good luck Bob, let us know how it pans out!

[Maurice Swan]

Re: Any solicitors on here? Credit agency advice if possible.

Sorry Maurice, I mean pay some money to the beneficiaries if they are in need and ask for the money, while retaining enough to pay the debt if they have to eventually?

Mind you if solicitors did get involved it would be better to retain a larger amount to pay the debt and cover the solicitor's fees.

Anyway, good luck Bob, let us know how it pans out!

Well...with the best will in the world I would not do that...proceed as I have suggested.....from experience!! No solicitor needed.....I sorted out my own - which were over 100k!!

[goats]

Re: Any solicitors on here? Credit agency advice if possible.

I take it there is no record of said credit card(s), letters from CC company demanding repayment, record of a CCJ or similar paperwork within your cousin's estate? Sounds very much like these people are chancers. A Google search/search of Companies House records might shed some light on the business ie are they even legit, have other executors been approached with such claims?. Otherwise, as advised above..."final proof" or "go away".

£56,000 seems a lot for credit card debts ? Everyone’s different but would an old person with an estate have such high debts?

[xsnaggle]

Re: Any solicitors on here? Credit agency advice if possible.

Whats the name of the agency? I have one trying to contact me for a credit card debtwhich my bank says doesn't exist. Write a letter telling them to cease and desist. Also run their name through google

[nomad blue]

Re: Any solicitors on here? Credit agency advice if possible.

There are credit agencies that buy up old debts, that are generally unrecoverable, for pennies on the pound.

There are a few letter templates on places like money saving expert site, that you can use to send back to them saying the debt isn't recognised or disputed, and saying do not make any further contact unless you can provide evidence of liability for the debt or this will be seen as harassment, that quote various FCA rules etc. Send one of those and you'll probably never hear from them again