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Original poster

PROBATR CREDIT CARD DEBT

25 replies

Allycat · 03/08/2018 12:46

Hi there

My mum passed away in March 2016. I was administrator of her estate.

She has a £3k credit card debt that has never been settled and I am receiving letters from a firm of solicitors asking for the settlement of the debt.

Is there any legal responsibility for this to be settled from her estate and if I do not pay it, are they able to take me to court to enforce it??

I just receive letters every now and then asking me to get in touch with them, or saying they will contact me again.

Any advice would be greatly appreciated Smile

OP posts:
SassitudeandSparkle · 03/08/2018 12:50

The estate is liable for the debt. Why won't you pay it - or why didn't you pay it at the time, was there enough money in the estate to pay it?

NaToth · 03/08/2018 13:38

Correct. This is a debt that should have been paid before distribution of the estate.

ReservoirDogs · 03/08/2018 13:43

If there was any or enough money in the estate the debt should have been paid before distributing to beneficiaries.

ToadsforJustice · 03/08/2018 13:45

Was there a will? What did you do with any money left in the estate? If there was no will - you didn't say you were the executor- any money etc should be used to pay funeral costs, debts and then distributed according to intestate rules.

Original poster
Allycat · 03/08/2018 13:49

I didn't pay it because when I told them my mum had died they wrote and said there may be PPI and if not, they'd be back in touch. I never heard any more from them so assumed the debt was settled.

I didn't hear anything for well over a year and then this firm of solicitors started writing to me. I wonder if MBNA sold the debt onwards.

There would have been enough money, but by then the estate had been distributed.

Could they take legal action against me, or is it all a goodwill thing?

OP posts:
titchy · 03/08/2018 13:52

Yes of course they could take action. You had a legal responsibility to distribute the estate accurately and you haven't done so. Hmm

Original poster
Allycat · 03/08/2018 13:55

Oh ok.
I'll get it sorted then and try and get it back from everyone 🙈

OP posts:
Namechangeforthiscancershit · 03/08/2018 13:56

Yes they can definitely take action against you. It needs paying.

As administrator it’s you they will be after, but you can try to get repaid from the other beneficiaries (if there were any). This is my job and I can go on about the process but honestly it’s boring and I doubt you placed statutory adverts (would be overkill for your own mum’s estate) so the short answer is the credit card company come to you and you go to the beneficiaries.

What happened to the funds? How many of you inherited? I’m sure your siblings (if you have any) will cough up their share.

Original poster
Allycat · 03/08/2018 14:29

Thanks for confirming.

They know it exists and I always said that this may happen, so it shouldn't be a problem to recover from the other beneficiaries.

Everything else I settled at the time, but as MBNA suggested there may be PPI to cover it and I never heard from then again I assumed it has been repaid.

Thanks again for the advice Smile

OP posts:
SassitudeandSparkle · 03/08/2018 15:06

The executor (you, in this instance) is responsible for settling all the debts before distributing any money so you are responsible in this instance and could, presumably, be pursued by the credit card company as you haven't discharged the duties of executor properly.

I hope the beneficiaries give you the necessary money back ASAP!

Joe66 · 04/08/2018 00:46

I'm going against the grain and suggesting you make a formal complaint to the cc company due to the length of time they have taken, and that they have sold the debt without informing you as the executor. Presumably you had informed them you were the executor. If they fail to respond to hour complaint or don't uphold it within 8 weeks, make a complaint to the financial ombudsm an service. I have had the debt written off in similar circumstances.

Namechangeforthiscancershit · 04/08/2018 07:48

The fact that a solicitor is writing doesn’t suggest that the debt has been sold on. I’ve never come across MBNA selling on a debt. More likely they have just outsourced their bereavement enforcement.

I have never had a credit card company drop a debt against an estate in a lot of years. Enforcement is too easy for them as they can see exactly what the net estate was- it’s all a matter of public record, and the role of an executor when it comes to debts is really clear. You can’t rely on not having heard back when you know that there’s something owed.

By all means try to argue it, but the longer it is between your siblings getting the cash and paying it back the more painful I assume, so I really would get the money from them ASAP and keep it aside, then if you can get MBNA to give up then you can give it all back and your siblings can give you lots of Cake and Flowers.

Joe66 · 04/08/2018 12:49

OP clearly states she made the appropriate enquiries and the reply was there may be PPI, they would contact in near future. Was it reasonable and fair for OP to assume the matter was closed when no further contact made? Because it's fairness FOS are concerned with. Try a complaint and see. MBNA frequently sell on debts, and if this is what they have done the regulations state they must inform the debtor, and in this case that would be the executor. If this is what has happened there's quite a bit of error on Mbna's side. Enough for a complaint.

Joe66 · 04/08/2018 12:51

Is it Irwin Mitchell solicitors op?

Original poster
Allycat · 05/08/2018 22:57

Thank you everyone.

It's Dryden Fairfax Solicitors. They are acting on behalf of Arrow Global Ltd, so I know MBNA must have sold the debt.

Unfortunately, as I received so many replies saying it was def owed I have emailed the solicitors saying I do intend to repay the debt, so I guess that any chance of being able to get this written off had passed Confused

Would you say the same??

OP posts:
AJPTaylor · 08/08/2018 07:23

Was there PPI? I would want a definitive answer to that first!

Original poster
Allycat · 08/08/2018 08:03

I assume not as the debt is still outstanding.
I never got an answer from MBNA.

But now I've emailed and said I will pay, does this mean I can no longer dispute it??

What do you think?? Hmm

OP posts:
prh47bridge · 08/08/2018 09:30

As far as I can see you aren't disputing that this amount is owed. The question is whether MBNA owe some PPI. You can still pursue that.

AJPTaylor · 08/08/2018 15:55

Do you have any of your mums statements? It should be itemised on there if she was paying ppi. It would be one of the few times it would have been worth having and thr debt would be paid off. I would ask explicitly if there was ppi. If there was you should not pay the debt until the claim under the policy has been considered. She may not have had it but i would not trust mbna to have looked at .

Original poster
Allycat · 08/08/2018 16:54

As you can see they have mentioned PPI in a very ambiguous way.

I can't see anything on the credit card statement that lists PPI as being paid for.

On the letter they have also mentioned them selling the debt on, so I think that there's no way out of it!

OP posts:
Clickncollect · 08/08/2018 17:04

OP, the name is at the top of the letter, you may want to get your poster removed.
So sorry for the loss of your mum, hope you manage to get this sorted x

SassitudeandSparkle · 08/08/2018 19:15

I have reported your post as the name is visible.

Also - I'm sorry to say - that the paragraph doesn't seem that ambiguous to me as it seems to start with 'if'. You've said there were no deductions that implied this insurance was in force and presumably you didn't ring the company when you didn't hear anything after 10 days.

You do seem to know that it's due, I can only recommend again that you get the money back from the beneficiaries just as soon as you can.

Joe66 · 08/08/2018 19:27

They do appearto have ticked all the boxes but worth following up PPI with a phone call to the insurers.

MNHQ
LornaMumsnet · 08/08/2018 19:35

OP, we've removed your photo as we could see some identifying information in the letter. Flowers

Original poster
Allycat · 08/08/2018 20:54

Oops I thought I'd cut the name out.
Thanks for removing it Smile

OP posts:
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