Received a letter stating that STBXH has died...

[SteadyHand]

I have received a letter from a debt collection agency stating that my STBXH has died and can I please forward his death certificate to update their records.

The thing is, he is very much still alive.

He left in May, has moved in with the OW and has been struggling for money ever since, as he hasn't been working up until this week. He hasn't been reliable in paying maintenance and I had received letters about other debts in his name, stating that he's stopped paying them all.

Am I to assume that he's told this company that he has died, to avoid paying? If so, should I ring the company and tell them, or is this a matter for the police? (Not sure if it is, as he hasn't exactly faked his own death, just lied about it).

Any advice would be appreciated, thanks.

[peteneras]

Talking from experience, don’t ever get involved with debt collecting agencies. I was kind enough to give permission to a ‘friend’ to use my address for ‘some temporary bank letters’ while he’s out of the country. That bastard never returned and all I got was threatening letters from debt collecting agencies.

For the next 12 years!

[Norland]

Sounds like a scam. Debt collection agencies have been sending letters making claims on the 'dead' for at least five years
forums.moneysavingexpert.com/showthread.php?t=234721

If he was dead and you sent a copy of the death certificate, then you might find some spurious claims being made against you, as a beneficiary of the estate, claiming he owed money to XYZ and they've acquired the debt.

The only question you really need to answer, is: - do you want any contact with the debt collectors? If no, ignore their letter (and any subsequent ones)

Obviously if you'd like to inflict trouble on your ex, then, if he's as bad with money as you say and you think this may well be true, enter into a dialgue with the debt collection agency. You can be sure your personal details will then be sold on by said DCA to anybody prepared to pay the DCA £10 (or a packet of fags and a pint)

As for the comments further up thread about morals; well, if you decide to act to assist a third-party in causing trouble for your ex, perhaps you would need to look to your own morals?

There's some good advice on Mumsnet but for DCA woes, there are better websites.

[GingerIvy]

I think the best thing is to just ring them and tell them the truth. Don't get sucked into any other discussion validating any debt, as it's not your debt to validate or confirm. Just stick to the facts. "He no longer lives at this address. To the best of my knowledge, he is not dead. This is the current address that I have for him. Goodbye." No further information is needed from you.

This covers you if the company is legit, so you're not putting your foot into some mess. And if it's a scam, then they can bloody well scam him at his new address, can't they? Not your lookout.

[suzannecaravaggio]

It's a scam, they don't really think he's dead

[Lynnm63]

If it were me I'd ignore it. I don't think I'd want to get involved. Id send every letter back marked 'gone away'. However as he stole your rings and spent your club card points I can see why you'd feel like dropping him in it. He is a scumbag I can see why you're divorcing him. The thing is do you want to enter into dialogue with debt collectors and if you start you may find more of them come crawling out of the woodwork looking for information and/or money from you.
I know you're not liable but do you want lots of letters from them.

[Scarydinosaurs]

Wow.

Ok, best way to move forward is to contact him and ask if that is what he's told them- you need to work out if this is an underhand tactic or not.

Also, he's, return all post.

Also, get divorced ASAP.

[GruntledOne]

You can't be the executor, OP, if he's not dead. Even if you were named as executor in his will, you presumably don't know whether he's changed it.

By the way, if he's named as executor in your will, get it changed immediately.

[notapizzaeater]

What a low life, I'd phone and give them his new details

[GruntledOne]

If he was dead, and you were still married, wouldn't you then be liable for all his debts ?

Nope, not unless they are joint debts.

And don't ring the police, if he is trying to defraud someone it isn't you, and you don't know that this isn't a mistake by the debt collection agency.

[hackedoffnow]

I wouldn't get in contact at all this is not your problem. Horsey has the best advice - write not at this address and repost. Also can you get him removed from the electoral roll as living at that address.

[lorelei9]

Given that you're the executor, I think you've got to tell them the truth.

don't worry about whatever conspiracy he might have created, it's not your job to go along with it. (has he really though?!)

[SteadyHand]

The letter was addressed to 'The executor of the estate of Mr X', hence why I opened it, because that is me.

[HorseyCool]

Any post with his name on do not open, simply get a marker pen and write "not known at this address return to sender on front and back" and put in the post box.

Do not engage with any phone calls or letters addressed to him.

[SteadyHand]

Thanks so much for all the advice. I will ring them and tell them that we are divorcing, he is still alive and give them his new address.

I believe he or his new partner must have informed them. I believe this because he went into my drawers one day and took my wedding and engagement rings which I was keeping to give to my daughters when they are older- the rings are no longer where I left them. Another smaller thing is that he has spent our joint Clubcard points that I was saving to buy our son's Christmas presents with. My fault for not spending them sooner, as I know they belonged to him too, it's just anothe thing that shows that he does what he likes without remorse

[ObsidianBlackbirdMcNight]

Just to clarify the 6 years statutes barred 'thing'

You don't need to acknowledge the debt for them to be allowed to pursue it. The company just needs to evidence that they have made reasonable efforts to contact you. So if they wrote to you on an address you were living at and you couldn't prove you were living elsewhere that would be enough in court to prove efforts to contact you. It's not as simple as just ignoring debts and hoping they go away.

Mind you, debt recovery agencies almost never take people to court. I supported someone with 10s of thousands of debt with recovery companies, they had over ten years of letters threatening to take them to court and it never happened. But nor did the companies give up.

Personally, I'd write to them recorded delivery and state you are no longer connected in any way and do nt have the death certificate. Not lying but not getting too involved either.

[PigletJohn]

The debt agency could have ordered a death cert themselves, it would have been quicker and more reliable.

[ohtheholidays]

Like others have said I would'nt want to contact the debt collectors myself as if the debts not yours but your not quite divorced yet you don't want them coming back to you,I don't for one minute believe that it's a tactic by the debt collection agency's as they could be done for lying about the death of somebody.

But I would ring the Police,non emergency number as they can get involved as if your ex has informed companies that he owes money to that he's died then that is fraud OP,especially if there's a chance that he's wrote corrospondence as if it's from you or he's signed anything as if it's from you.

I'd ring them today,tell them what's happened and who contacted you and what it said,make sure to take the full name of who you talk to at the Police Station.I promise you they will take it seriously,I had something similar happen with both of my ex's.It's best to inform the Police so that you have proof that you had nothing to do with your ex's attempted fraud as it's a very serious matter.

My ex's got into a lot of trouble and the Police were disgusted with them both and were completely on my side.

If your having problems with maintanance as well the fact that my 2 exs had got caught via the Police ment that the CSA made sure they did they're job properly for once and I actually started getting money for our children for the first time ever.

[TTTatty]

If debts are in joint names you are both liable, if they are in his sole name then you are not liable, if he were to die you would STILL NOT be liable for his debt in his name. His estate would be liable - just to clear up any confusion!

Call them and tell them he is not dead and give his address if you know it - they may try to 'encourage' you to pay it - ignore all that as it is bollocks!

[DelphiniumBlue]

If you are going to reply at all, don't lie. So don't say you don't know where he is if you do. You can say that he's moved out from yours and that you can't give his address, you can say that as far as you know he's not dead.
Have you spoken to him about it? Then at least you'd know if he's pulling a scam or if the debt collectors are.

[Oliversmumsarmy]

Tell the DCA that you have had no association with him for xx years/months and had no idea that he had died and you are in shock to find out by letter of his death. Then leave it up to them to pursue.

[Floundering]

You can also apply to the credit reference agencies with a letter of disassociation to ensure your financial records are kept seperate in future even if registered at your current home. Your credit status may be lowered if he's using your joint accounts for running up huge debts. Get that divorce through ASAP & get your name off any joint accounts.

[suzannecaravaggio]

Don't forget the statute barred thing, if you acknowledge the debt that means they can Pursue it for another's six years

[AnchorDownDeepBreath]

You do need to let them know that you don't have his death certificate. It doesn't matter who informed them of the death - there's no reason to believe that you signature was plagiarized at this point - they'd ask you for the certificate as you are his wife.

You need to let them know that you don't have it, and that you are not associated. That's it. Make sure you ask them to stop contacting you in writing.

There's a small risk that if you ignore it, they'll continue to keep the debt on hold and keep writing to you asking for the certificate, rather than pursuing him for the debt. Things are a lot simpler if they are pursuing him when you divorce, rather than you.

[suzannecaravaggio]

These agencies are all as dodgy as fuck
This is probably just a new tactic
Most of the debts they buy aren't legally enforceable anyway

[IsabellaofFrance]

I wouldn't get involved with this at all. Involving yourself in an ex's debt can make the companies try to pursue you for them

Not unless they are join debts.