Tesco debt from deceased spouse sold to Phillips and Cohen

[roger.taggart]

My husband left a credit card debt of £5000 when he passed.

It was on a tesco credit card.

 

Tesco agents are now chasing me for the debt which in theory should come out of his estate.

This comprised one commercial property that I can't sell cause I am dependent on the income.

Is anyone familiar with their agents and how vigorously they will pursue the debt?

Or how likely they will be to write it off?

[Andyorch]

They can't chase you ...its not your debt.....(I assume you have informed them of the death?) ignore them....but file every letter for future reference.

 

Andy

[dx100uk]

which powerless dca is chasing?

 

 

dx

[unclebulgaria67]

Who is chasing ?

 

If the card was in his sole name, then it would be up to any executors of your husbands estate to resolve any debts. Executors have a legal responsibility for dealing with debts. Is there an executor appointed ?

 

As a credit card is an unsecured debt, if it was in his sole name, you could just send them a copy the death certificate, if not already done so. Banks should have a process for these cases, where they wait to see if anything from an estate to settle their debt. They might also ask for details of the executor or Solicitors dealing.

[Andyorch]

But as this is not a Bank and its a DCA you are not at liberty to respond or confirm any confidential information

[brassnecked]

They should not be chasing you tell them to deal with the Executors, and any further contact will be deemed Harassment. Good advice above from the team. Just for clarity and other options, how old is the debt?

[ericsbrother]

did he leave a will and has probate been sought?

It will need to be sorted out at some point because he has an "estate" unless other debts eat everything up.

This doesnt mean that you or anyone else just coughs up because someone has asked you to, they have to wait in line like everyone else but the matter will not go away.

 

Pleading you need the income from a commercial property does not fit into probate law so you will have to discuss it all with someone soon but not them.

[Andyorch]

Pleading you need the income from a commercial property does not fit into probate law so you will have to discuss it all with someone soon but not them.

 

You will not be required to sell an inherited property that yields an income to settle an unsecured credit card balance...they come last in the pecking order.

[roger.taggart]

Thank you all for your replies.

 

 

To supply more info,

my son is executor of my late husband's estate.

The DCA is Phillips and Cohen Associates and he has been delaying them

as there was delays with letters of admin and other things.

 

 

The only things of value in the estate is the commercial property and our joint residential property.

 

 

Can anyone force the executor to sell the commercial property to cover this debt?

The debt is nearly a year old.

What legal action is available to PC Assocs?

Thx in advance

[Andyorch]

Thank you all for your replies. To supply more info, my son is executor of my late husband's estate. The CSA is Phillips and Cohen Associates and he has been delaying them as there was delays with letters of admin and other things. The only things of value in the estate is the commercial property and our joint residential property. Can anyone force the executor to sell the commercial property to cover this debt? The debt is nearly a year old. What legal action is available to PC Assocs?

Thx in advance

 

Think we have just covered all that ...ignore them ...over roger and out

 

Andy

[ericsbrother]

then it is for your son to sort out but dont accept any bullying from the dca, they are on hold in a queue and the executor will answer them as soon as he is available. They can do diddly squat until the matter gets to the probate stage so being bothersome and rude wont help their claim.

A complaint direct to the boss of Tesco wouldnt go amiss.

[Old Cogger]

Email benny.higgins@tescobank.com

 

 

CEO Credit card business

[roger.taggart]

The matter has reached and past probate stage hence the executor.

Ultimate question that we are both wondering is can a DCA for a credit card co. force the executor to liquidate estate property in lieu of no other assets, in order to settle the debts on that card. I think yes.

[unclebulgaria67]

Have Tesco actually made any request to the executor ?

Have they asked who the executor is ?

 

This Tesco credit card debt is unsecured and the executor is not aware of any need to sell estate property to cover it.

I think until Tesco actually address this debt in regard to a deceased estate and make a formal request to the executor, i would ignore them.

 

On the accounts for the estate, has the executor actually noted this Tesco credit card debt ?

[dx100uk]

What part of ignore them

Are you not understanding?

Roger?

 

They are a dca

They are not bailiffs

And have no such legal powers

[roger.taggart]

They have already written to the estate executor requesting payment.

Whilst they may not have legal powers what I was asking is, is there a legal route they must go through to recover this debt and if so what is this process?

 

Yes in the mean time they will be ignored but forewarned is forearmed hence these questions. Thx

[unclebulgaria67]

They can issue a court claim against the executor of the estate, as the executor knowing of the debt should have made arrangements to settle debts.

 

If there are no cash deposits, shares or anything that can immediately be sold to pay off debts, there is no requirement to sell property assets. The credit card debt is unsecured and Tesco would have to issue a court claim.

 

Creditors have enough difficulty enforcing debts in normal circumstances, so pretty unlikely they would start any court claim against the executor.

 

I think the reason for the ignore advice is that executor does not want to put anything in writing which is not accurate or only partly true. If they said there were no cash deposits, shares or investments in the deceased name, presumably Tesco agents would come back asking for more information. They would want to see an account for the estate confirming assets and liabilities.

[sillygirl1]

Phillips and Cohen specialise in 'deceased distressed debt' and are a nasty bunch. You might be able to get a solicitor to write to them stating that there is little left in the estate and that the debtor is dead. Shouldn't cost more than about £50 to do.

 

I would also report P&C to the Solicitors Regulatory Office for breaching regulations on chasing deceased debts, not to mention Trading Standards and the FOS/FCA.

[dx100uk]

and they typically get nowhere

 

 

https://cse.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=Phillips+and+Cohen+&sa=Search+CAG#gsc.tab=0&gsc.q=Phillips%20and%20Cohen&gsc.page=1

[Mr.P]

Phillips and Cohen specialise in 'deceased distressed debt' and are a nasty bunch. You might be able to get a solicitor to write to them stating that there is little left in the estate and that the debtor is dead. Shouldn't cost more than about £50 to do.

 

By requesting a copy of the will and grant of probate from the Probate Registry, they could very easily check to see what the estate was valued at. Once they are in possession of these public documents, P&C will be able to make a judgement call on whether to proceed with legal action to recover the debt. If the executor has claimed that there is insufficient money in the estate, he/she could be held personally liable.

 

One important question that hasn't been asked yet: Is this debt statute barred yet ?

 

It might also be worth sending P&C a CCA request.

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?420698-Lowell-Phillips-amp-Cohen-probate-**RESOLVED**