My deceased mothers car loan Taradiamond1

Hello all, my Mum sadly passed away in November last year. She had a car loan through a lender who offers credit to those with poor ratings for ridiculous interest rates.

She had the car for over a year before she passed away and never missed a payment. When she passed away I rang the company and requested a settlement figure and advised that I intended to sell the car through We Buy Any Car and settle the debt. They were ok with this and also offered to take the car back. I asked how that worked and yhey said their guys would be round to pick it up. We continued to make the paymenrs after she passed, got the Mot required for the we buy any car and an approx valuation from them but they couldnt take the car for 3 weeks.

It was upsetting seeing her car so I decided to take up the lenders offer. They took the car back a week later. At no point did they advise me that they would charge me a £350 reposession fee or that they would charge £2700 interest for the remainder of the loan. I am now being threatened by their solucitors with court action.

I have filed a complaint adviding them that they did not advised me of these costs. They have 10 days to respond. I have asked for a full transcript of the phone calls made as I know full well they did not mention any extra costs.

The contract was with my mother, not me. I have hunted through her sporadic and muddled paperwork snd cannot find the terms and conditions so I have asked for this too.

They have 10 days to reply and having spoke to Teafing Standards Consumer bureau, I am not hopeful of the outcome. I have no father, no brothers or sisters, I have 2 small children and I am grieving the loss of my only parent. I have no money to pay these fees and I am so worried. Any advice??!

thanks in advance MSE community

Firstly, sorry for your loss.

Your mother will have been made aware of these costs when she signed up for the finance.

How do you mean they are charging you fees? You said yourself, the contract was with your mother, not you. It's nothing to do with you.

The only way it would be something to do with you is if you are the executor of her estate and the debt to the firm was not dealt with as part of the estate - is this the case?

I'm so sorry for your loss.

You're not responsible for the amount outstanding - your mother's estate is. If she didn't leave any assets, then that's the end of it.

However, if she did leave any assets - and other debts - then be very careful how you proceed. I would speak with the CAB - they'll tell you the priority order for paying debts, and should be able to give you a template letter to send to the companies that won't get paid because your mum's assets won't cover all of her liabilities. ( I'm guessing this is the case if your mum had to resort to such a lender).

How old was she? If she was under retirement age, does she have any occupational pension benefits that may pay bereavement benefits to you?

My main gripe with the company is that they never explained ANY of this to me. They cleverly implied that they would take back the car and said no more.

She was well under retirement age.

She never updated her will which left everything to her ex husband. I have a decree absolute excluding him. The 2 executors named are problematic. One was her sister who is dealing with and caring for her terminally ill husband and the other lives 200 miles away and lost her husband a week before my Mum. Both wish to resign. This leaves me! She owns a house via a very odd interest only mortgage which she owns with her partner (joint tenants not tenants in common). He has debt issues and they were unable to get a mortgage any other way. He can remain on the house another 10 years paying interest on it. After this the property must be sold. Mum wanted the money she put into the property to come to me smd the kids. If we sell early we will gave to pay penalties. She owes nobody else and gad no savings or valuables. I am trying to save my funds for solicitors fees to get house in my name. Her partner in agreement to this. On a part time minimum wage and 2 kids I feel like I am sinking in a well of debt and despair myself. Really do not need this

Spoke to CAB and they passed me to the Trading Standards Consumer Bureau and suggested this may be dealt with at small claims court. They also suggested the financial ombudsmen. I have copied all my correspondence from the company (who incidentally requested I didnt contact the ombudsmen until they had replied) to them to see what they have to say.

You need to speak to a solicitor.

This may sound harsh, but if your mum died with assets, it doesn't matter that she wanted the money she put into the property to go to you and your kids. Those debts have to be settled.

Im so sorry for your loss and situation. With regard to the car finance, the ombudsman will not become involved you have completed a complaint through the correct channels (the finance company) and allowed them to respond. Sadly if you mum agreed to their terms (and it was her agreement and not yours) I feel you are not likely to get anywhere with this. As far as your mum's wishes and estate are concerned you really must seek advice. Any monies/assets must be used to settle her debt first and foremost. Have the executors officially resigned or can they fulfill their role by working together to share the load?

Not harsh st all but I would not have a debt to clear in the first place had they given me all the info when I rang and emailerd. At no point did they say about repossession fees and interest. The settlement figure they have is far far less than the valuation of the car + the fees and interest they are charging.

I have demanded the car back so that I can do exactly that. It seems absolutely criminal to me that they could sit there and tell me 'yes we will take the car back and that is it' when no, it is clearly not 'it'. In a day and age where we have to be clear about everything she should have told me 'yes we will take the car back as payment, charge you £350 for doing this then charge you the remaining interest'.

It may well be in the allusive terms and conditions my Mum signed but not me. All it would of took was a little forsight and helpfulness of their staff

regretably no. They are 2 complete strangers 200 miles apart with their own issues. I have no funds for legal advice whatsoever either. I would happily settle a debt had they made it clear. Will fight this one tooth and nail.

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