View Full Version : bank charges when someone dies
nirvana
23-07-2009, 01:43 PM
My father died last year and now im being chased by HFC for money my father owed.
They have threatend to send debt collectors round and take me to court.
Should i just ignore them?
rosix
23-07-2009, 02:20 PM
lol
this sounds like an opportunity to actually make money somehow
*puts thinking cap on*
yozhik
23-07-2009, 02:55 PM
My father died last year and now im being chased by HFC for money my father owed.
They have threatend to send debt collectors round and take me to court.
Should i just ignore them?
Where is the contract between you and the HFC?
They need to be chasing your father's estate ... not you.
alzee
23-07-2009, 03:05 PM
A friend of mine died recently, owing a lot of money to various companies. Theyve all hassled his mother for payments. After taking advice, she now responds with: "there's no money left in the estate". They have no grounds to legally obtain any monies from his mother. Likewsie, they have no legal grounds to insist on monies from you.
bsmurph83
23-07-2009, 03:10 PM
My father died last year and now im being chased by HFC for money my father owed.
They have threatend to send debt collectors round and take me to court.
Should i just ignore them?
i don't see how anything they do or say can affect you in any lawful way (but i'm not an expert). perhaps there's a chance they can injure you in some way (il)legally but if that was the case you could sue them, so... short answer, yeh, you could probably ignore them, BUT,
like yozhik said, where's the contract?
request a copy of the signed legally enforceable bilateral contract with signatures of both parties (yours and theirs) and tell 'em you're happy to pay whatever you lawfully owe them upon proof of claim. this way your honourable intent as a sovereign creditor is put on the public record (keep copies) and your equity increases while theirs diminishes for not having any proof of their claim at all.
your father didn't owe any money and neither do you.
if they continue to harrass you after failing to provide proof of their claim against you, you can report them to the relevant authorities (assuming you're in the UK), which would include the relevant ombudsman. hell, you could even sue them...
they'll bluff you and threaten but it's all BS... (don't talk on the phone to them at all, demand LAWFUL correspondence in WRITING)
there's a few different threads on debt collection, look in the search function, you'll find some good stuff (oh, and some of my posts too haha)... should be able to find some notice templates to adjust and send as well
stickwhistler
23-07-2009, 03:20 PM
Is the loan an unsecured loan?
If it is then, then it's tough titty on HFC.
If the loan was secured on say a house,
and you are now the owner because it was left in a will,
then again tough titty:
"the deceased's share in a jointly owned property is not part of his/her estate and passes directly to the other co-owners - regardless of whether the deceased made a will or died intestate - and so is not available to creditors"
BUT
"since 2nd April 2001 - if a creditor presents a bankruptcy petition against the deceased's estate and an order is made, the court can require the surviving owner to pay the value of the deceased's share as at the date of death"
If you were not the surviving owner, then may I respectfully suggest you
do what I did when my mother died a while back
i.e. forward the letters to the deceased. A match or lighter is required!
Have a look here - it may help.
http://www.goingdebtfree.co.uk/are-debts-written-off-after-death.html
nirvana
23-07-2009, 05:55 PM
Thanks:)
aryan57
23-07-2009, 08:23 PM
If you were not the surviving owner, then may I respectfully suggest you
do what I did when my mother died a while back
i.e. forward the letters to the deceased. A match or lighter is required!
I really like that idea! Great reply.
yozhik
23-07-2009, 08:30 PM
If there is property involved in an estate, I was taught the following, with regards to possessions and assets;
You can own it.
You can control it.
You can enjoy it.
Select two; you can't have all three.
Lesson:
If you want to control it and enjoy it; don't own it.
Put it in trust.
Let go of the ego ... own nothing ... control and enjoy everything.
:)