#11



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
Originally posted by Taradiamond1


But you don't have a debt to clear. Your mother's estate does. If it can be settled from that estate, then it must be. If it can't, then it is written off.



Write to them, politely inform them that the debt isn't yours, it's the estate's, and give them the names of the executor(s). That's about all you can do.



You also have to remember that companies are not legally allowed to divulge certain information about contracts to anyone who is not the contract holder or a representative of that contract holder. You are neither.

#12
Gazb that last point about confidentiality, I hadnt actually thought about that so thank you.



The post before that, thankfully yes he has morals! The poor guy has been through so much. He is not sleeping at night as he thinks he is going to loose the house. He is 60+ and self employed with no savings whatsoever so has been looking at caravans for sale in the local paper to live in. He has his own health problems. Really feel for him too. I was saving up my overtime money to get a solicitor to help put the will right according to her last recorded wishes as she had started the process with a local solicitor but didnt have the money to pay the fees so just did the free consultation. Although that particular solicitor has to remain impartial they gave us all the info that Mum had given them.



I was waiting until the situations inproved gor the 2 executors and until I had some money to pay a solicitor. Its feed the kids and pay my bills or sort this mess out at the mo.

#13



As a side note, as the property was owned as joint tenants surely that asset automatically goes to the ex husband via right of survivorship? So technically there are no assets for the car company to claim against unless she had other assets....
Originally posted by Alarae


Technically, if the estate is insolvent, then the creditor can apply to court for an insolvency administration order under section 421a of the Insolvency Act 1986, requiring the beneficiary to cough up the money.






..Write to them, politely inform them that the debt isn't yours, it's the estate's, and give them the names of the executor(s). That's about all you can do.....
Originally posted by Gaz83


Which is what the OP should have done. There is a will, neither of the appointed executors wish to act. They should have formally renounced their role, and I would note that;



The renunciation does not confer the right to a grant of probate on another person. If other executors have been named in the will, the remaining executors can apply for probate (as long as the will does not specify a particular number of executors). If only one executor was named and is renouncing, an application will need to be made to the court to appoint an administrator. Most renunciations are made at the same time as an application for a grant by someone else.



https://www.thegazette.co.uk/wills-and-probate/content/100321

If the OP did not made an application to be appointed an administrator, they really shouldn't have "continued to make the payments" on the car loan or organised an MoT, irrespective of the fact that it was their mother's estate. It might well be regarded as intermeddling, which is something you are not supposed to do.



Whether this would cause the OP a problem I have no idea. Given that there is a will which leaves everything to an ex-husband, a decree absolute that allegedly excludes him, whilst he is a joint tenant of the property with a "very odd interest only mortgage", I have no idea of who might be the beneficiary of whatever assets there are in the estate, and thus might get upset.



This is the reason we have solicitors.

#14
I should of made this clear. My Mums ex husband has nothing to do with the house. She bought it with her partner she met some 5 years after the divorce. As far as we are aware her ex husband is living in South Africa. I am her ONLY child.



I have had as much free advice as I can get from solicitors, including the one my Mum intended to remake her will with who I must say, were incredibly helpful. Apart from the 2 executors and the ex husband, I am the only person named on the will.



My main gripe with loan company is their conplete lack of ability to give me the dacts about what would happen if the car was taken back by them. They emailed me today to say that they have considered my complaint and have reduced the amount owed by £1000. Which is good but not good enough. The consumer bureau have requested I get copies of the phone calls and the T&Cs and we will take it from there.



The settlement figure they gave me for the car was £4566.85. They sold the car for £3950. They wasnt £3000 from the estate. Now reduced to £2000. The original loan was £6000. My Mum put down a £1000 deposit

#16
Thanks, I will bear that in mind. Unfortunately my Mums partner had got into considerable debt before they purchased the house together. He is also self employed and 60+. My Mum had a very low income but was able to put down a deposit from a previous house sale. Regretably they took the only mortgage they could get (after xx years if they are unable to pay the entire mortgage amount it becomes the property of the mortgage lender or they sell it and hope it has held its value to get the deposit back! Or if they sell early, they loose a high percentage of the drposit depending on how many of those xx years are left) and afford and after a year, both could no longer afford life insurance so cancelled that too.



We actually have appt with an ifa tomorrow evening as he cannot afford property alone, he doesnt want to sell as full of memories, Mum wants her ashes scattered there and he cannot afford anything else. Argggghhhhh stress! I have barely seen my kids this half term what with work and all this

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