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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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My father passed away in January,2015 as his daughter I was

Customer Question

My father passed away in January,2015 as his daughter I was his executor I settled all outstanding debts and the last one was to the care home he was in, I asked for a full and final settlement on his bills, they sent me an invoice and it was paid.I closed my dads estate and seven days later they sent in another invoice dating back to dec 2014. I haven't refused to pay it but I am not sure if I am liable now my dads estate no longer exists.They have threatened me with the small claims court and are adding 8.5% to the bill,Also in the last eighteen months my dad had trouble paying his bills as they used to send him invoices every few months or so adding up to a£1000 at a time, he wasvery distressed by this. My husband had to ask for all the outstanding invoices and tried to sort it out for him. Even when he was on end of life care he said he was worried he hadn't paid any more of his care, so l looked through his mail and found a letter addressed to him with another five months invoices!!! I then had to get him to sign a cheque and I filled the amount in as he was so poorly he could hardly write, that time it was for £900, in their terms of contract they state they allow 16 days for the bills to be settled!! Yet they only used to send my dad his when they felt like it, I think they have breached their own terms of contract? I don't think I have done anything wrong, as executor I followed advice and paid all my dads outstanding debts and thought I had done everything correctly, I was never responsible for any of my dads bills he always paid his own and on time, he was 95 when he died and I think this firm of accountants are a shambles, time and time again I asked for dad to be billed monthly as everybody else, but it just fell on deaf ears, I am really worried about all of this as the deadline for the payment is July 3rd today otherwise they will take me to the small claims court , the amount is for £192,Can you help me?
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

I think you need to make a call here whether to pay this latest demand from them or to ignore it. The final decision will lie with the court if they decide to make a claim in court.

You asked for a final bill from them and paid them in full and final settlement. That should really have been the end of the matter and personally, I believe that they would avoid going to court and could be calling your bluff.

As you say, they have also breached the contract by not raising bills on time etc.

Also, any court claim would have to be against your dad's estate and not you personally. If the estate has no money left, it is unlikely that they will even try and enforce a court judgement if they are lucky to get one.

On a balance of probablities, I would advise you to ignore their demands and stop communicating with them and let them go to court if they wish to in which case you may defend the claim on the above basis.

Hope this helps
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Customer: replied 2 years ago.
Thank you so much excellent news, just a bit of a query I have been in contact with them and I did say that I would update when I have sought legal advice do I still have to inform them that I am not paying this bill??Chris
Expert:  UKSolicitorJA replied 2 years ago.
Yes, you may do so.
All the best

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