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Senior Partner
Senior Partner, Solicitor
Category: Law
Satisfied Customers: 13325
Experience:  Solicitor with more than 30 years experience
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A direct debit was in force on my deceased fathers a/c, in

Resolved Question:

A direct debit was in force on my deceased fathers a/c, in Dec 2013 a payment request was not taken and now the council have just decided to ask me for it! Does the d.debit guarantee cover me? I was the Power of Attorney
Submitted: 2 years ago.
Category: Law
Expert:  Senior Partner replied 2 years ago.
Hi thanks for your question. The direct debt guarantee is a guarantee to the person who issues the direct debit - i.e. the person agreeing to pay by direct debit - that if the direct debit authority is abused so payments are taken when they should not have been then the payer can demand the money back. So if you give a direct debt authority to pay your bills and you think the wrong payments have been taken you can demand the money back from your bank. So it has nothing to do with you guaranteeing anything and you are not personally liable for your late father's bills.
You do not say what this bill is for and if it is council tax then either his estate will be liable for it or whoever else occupies the property will be liable. A debt is not extinguished by death if the money was due before he dies but it is a charge on his estate and has to be paid out of anything he left before the money can be distributed.
Customer: replied 2 years ago.

Charges were for adult care, d.debit since 01/2010 to 22/11/2013 all paid no problem, then bill in dec 2013, not taken from bank!, then jan 2014 to 10/2014 all paid, again, no problem. person at council informed me they had a change in their systems and d.debit not taken,!! have been told they do not send reminders as pay by d.debit. No response as to why it has taken 12months to be highlighted!!

Expert:  Senior Partner replied 2 years ago.
If the amount was due then despite the delay in claiming it they are still entitled to require it to be paid out his estate. Presumably since he has subsequently dies they are no longer able to use the direct debit otherwise they could just have taken the money. Anyway if he left any estate then the executors or administrator of the estate should pay the bill ( assuming it was due) out of his estate.
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