Deceased Sister - shock letter from Cabot (Marlin)

[sandcottage]

My sister passed away in January and before she died she absolutely assured me she had no debt or credit cards. She said I'd find it easy to deal with her affairs as she owed no money anywhere. There was some money in the estate, but when everything (or so we thought) was paid and settled I wrongly assumed it would be alright to use the money in the estate to pay bills and expenses we'd incurred moving into a flat near her to help care for her. In other words, I was the beneficiary of the estate, being her only relative.

 

 

She died intestate and there was no need of letters of administration as her bank were happy to pay money in her account directly to me as her next of kin.

 

 

It was a huge shock when a letter arrived for her 4 months later at her previous address (her partner opened it) from Cabot (Marlin). It seems to be a statement and says she owes £11372.27. We both in a blind panic tried to phone them but they refused to discuss until we send a death certificate.

 

 

I have sent the death certificate and I assume what comes next is that they will make a claim from the estate.

 

 

There are no records that I could find at her home of any such transactions, but they say original lender was HFC Bank PLC - Credit Card. It says Agreement date Jan 2000 and says Date Assigned 11th August 2010.

 

 

I have no way of knowing whether 6 years have passed or whether she has made any payments, no original documents or agreements and no copy of any assignment documentation. I don't know whether the estate can request these?

 

 

I feel absolutely sick about this as I was only just coming to terms with losing her! I'm assuming the worst and they will have a legitimate claim against the estate and that I will somehow have to find a way to pay the money.

 

 

Can anyone advise?

[ericsbrother]

Then the debt is duff for 2 reasons,

firstly it is certainly statute barred as it will have defaulted well before being assigned to these bandits

and secondly your sister actually died without an estate so there is no money to chase.

 

 

As for sending them a copy of the death cert,

I wouldnt have bothered but at least they cant say they havent been told.

 

So, to explain what someones estate is:

it is property, stocks shares and other similar certificates, certain works of art and certain items of high value such as gold bullion and jewellery, or important collections of things such as stamps or vintage cars for example.

That doesnt mean all jewellery, just items that would be incuded in a total value of more than £350k for the entire estate with the other bits so diamond tiaras or museum quality bits.

 

 

For cash it should be included but no notice to the probate registrar has to be given when the total is less than £15k overall.

Everything else is someones personal effects and that will include ordinary jewellery, cars etc

 

This means that you dont have to pay them anything and as she died intestate with no estate to speak of you are not responsible as her executor so tough luck to them/

 

 

Whatever you do dont let them talk you into agreeing to pay anything,

the debt is not real and is, was and never will be yours.

[unclebulgaria67]

There is not much Marlin can do. It is not for you to deal with, as you were not executor.

 

You don't need to send a death certificate. Just sent the letter back to them, with a covering letter advising them of your Sisters full name, date of birth, date of death and where the death was registered. Marlin can then check records and obtain a certificate themselves. Don't provide your name or address, as they will start writing to you.

 

I doubt anyone will come after you for the money, as you received money from the estate totally legally and no claim was made against the estate by any creditors. By the sounds of it, the debt is probably statute barred, so could not be enforced in a court.

 

Don't worry too much about this. I doubt you will hear about this. Marlins have a debt they can't recover.

[sandcottage]

Thank you both for your advice!! I will certainly try not to worry as much (although had a few sleepless nights over this!). I will let you know what I hear from them, and continuing to trawl through all the great information on here, thanks again!

[unclebulgaria67]

Thank you both for your advice!! I will certainly try not to worry as much (although had a few sleepless nights over this!). I will let you know what I hear from them, and continuing to trawl through all the great information on here, thanks again!

 

You don't need to hear from them. Not wise to give your name and address to them, as they will hassle you.

[sandcottage]

I really wish I hadn't given it, but we are only here another couple of weeks so hope it will be OK. What a nightmare! thanks for your reply.

[sillygirl1]

It is possible you may receive a letter from Phillips and Cohen, they are a 'specialist solicitors' dealing in 'distressed death debt relief' and are a nasty lot. If you hear from them get back to us and guidance will be given in dealing with these unmentionable excuses for humans.

[sandcottage]

It is possible you may receive a letter from Phillips and Cohen, they are a 'specialist solicitors' dealing in 'distressed death debt relief' and are a nasty lot. If you hear from them get back to us and guidance will be given in dealing with these unmentionable excuses for humans.

 

 

Thanks for the heads up. I'll certainly be back for guidance if that happens. Just searching on here to read about them and how they operate!

[sandcottage]

It is possible you may receive a letter from Phillips and Cohen, they are a 'specialist solicitors' dealing in 'distressed death debt relief' and are a nasty lot. If you hear from them get back to us and guidance will be given in dealing with these unmentionable excuses for humans.

Thanks for the heads up, I have a feeling I will hear from them or similar so will certainly be back for more guidance if that happens. Thanks!

[dx100uk]

just remember

all these companies

are NOT BAILIFFS

a debt buyer or their fake/tame s'olicitors'

have NO LEGAL POWERS WHATSOEVER.

 

it a carefully orchestrated fleecing exercise.

 

sadly 1000's of people fall for it!!

 

dx

[brassnecked]

Marlin can do diddly squat to you as has been indicated above, I have a new name for these parasites Marlin and the Phillips & Cohen crew "Hearse Chasers" ignore them completely imho.

[sillygirl1]

Hearse Chasers is a great name! That is what they are - Phillips and Cohen originate from the USA and have been active over there. I would not lhopike to work for them in any capacity, and hopefully this government will wake up and prevent them from operating over here. There is no market for the 6 feet under bottom feeders.

 

Once an estate has been settled that is it.

[brassnecked]

Hearse Chasers is a great name! That is what they are - Phillips and Cohen originate from the USA and have been active over there. I would not lhopike to work for them in any capacity, and hopefully this government will wake up and prevent them from operating over here. There is no market for the 6 feet under bottom feeders.

 

Once an estate has been settled that is it.

Exactly, as the Ambulance Chasers are cracked down on, the Hearse Chasers will try to fill the gap, knowing a deceased person's families will want to "do the right thing" Lets make this term a mainstream CAG descriptor, for this sort of phishing.

[sandcottage]

Thanks so much to everyone who has responded,

 

 

it is a massive help and stops me feeling so isolated in this!

 

 

I won't contact them myself again at this stage,

but as I did give them the address that we'll be at for the next couple of weeks

 

 

I am anticipating some form of request from them (or their associate 'hearse-chasers') for money from the estate.

 

 

Brassnecked is right,

as the deceased family you want to do the right thing, or at least are frightened of the repercussions

if you don't do as they ask.

 

 

Will see what happens next, if anything, as we are only here at the address I gave for a couple of weeks before moving on.

[brassnecked]

A DCA is powerless, mainly bluff and bluster, so don't worry. You may here nothing before moving on, and can ignore anything they send until you do.

[ericsbrother]

the right thing is to tell them to foxtrot oscar if they make demands.

 

 

All they should do is offer their condolances and say the file is now closed but that rarely happens.

 

 

Some unscrupulous agencies change the name of the debtor to yours ( dont you BT) when you inform them of the situation.

[Bazooka Boo]

If they continue to rattle your cage, then lodge a formal complaint to the FCA about them.

[sandcottage]

It is possible you may receive a letter from Phillips and Cohen, they are a 'specialist solicitors' dealing in 'distressed death debt relief' and are a nasty lot. If you hear from them get back to us and guidance will be given in dealing with these unmentionable excuses for humans.

 

 

Hi,

I just heard from Cabot that they have passed the account to their 'probate solicitors' Phillips and Cohen.

 

 

Wondering what steps I should take now as I can find absolutely no record in my sisters papers of this.

 

 

She kept amazing paperwork records and there's absolutely nothing regarding this debt.

 

 

I did a check and she has no CCJs registered in her name and I can't find any payments going out of her bank accounts going back at least 4 years.

 

 

What to do, ignore or be more proactive?

[unclebulgaria67]

Do nothing.

Up to P&C to investigate and contact whoever was responsible for your Sisters estate,

if there was anyone appointed.

 

 

If there was no one legally appointed to deal with the estate, there is nobody they can contact.

Not your responsibility.

 

Given that the debt was assigned back in 2010 and there was no paperwork suggests this was an old debt,

so probably statute barred.

[Stigman]

I just heard from Cabot that they have passed the account to their 'probate solicitors' Phillips and Cohen.

 

You have informed Cabot so ignore P&C.

 

Do not ring them ever, P&C are well know for intimidation of the deceased loved ones purely to set up a payment plan from those at their most vulnerable time.

 

Stigman

[Andyorch]

" just heard from Cabot that they have passed the account to their 'probate solicitors' Phillips and Cohen. "

 

 

" Their " Probate Solicitors

[sillygirl1]

Simply tell them in writing there is no estate to claim from. Report them to the Solicitors Regulatory Authority and a show such as Rip Off Britain or Watchdog.

[brassnecked]

Their Probate Solicitors can write letters until the cows come home, but can do nothing to you. Log all calls record any phone conversations if they phone you, never phone them, and keep all the evidence to complain as per sillygirl1 above.

[sandcottage]

Thanks folks! Are Phillips and Cohen actually solicitors?

[renegadeimp]

wouldnt matter if they are or not. THey cant do ANYTHING. AT ALL. EVER.