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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10354
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My husband died in June 2015 He had a Debt in his name only

Customer Question

My husband died in June 2015 He had a Debt in his name only , with the Nat West, when he died the bank wrote off his debt. I have changed my bank to Santander, and realise that I am paying off another loan, with £1048.19 left. I contacted Hitachi Finance, who asked for a copy of his death certificate , which I sent. I have had a letter back today with a phone no. To contact, I have rung several times always getting a reply that the number is ***** recognised. I thought when a person dies the debt dies also, as this is what the Nat West did, Is this right and will I have to pay his further debt?
Thank you in advance for advice. Janice Lorimer.
Submitted: 10 months ago.
Category: Law
Expert:  Aston Lawyer replied 10 months ago.

Hi Janice,

Thanks for your enquiry and am sorry to hear of your loss.

Whenever someone dies, their Estate is under a duty to pay off all debts PROVIDED there are sufficient monies in the Estate to pay them.

Hence, if your Husband left his own assets/bank accounts and there was enough money in the pot to pay off the Hitachi loan, after the funeral had been paid for, then this money should be used to pay them off.

If all of your Husband's monies were in joint accounts with you, or he did not leave any monies of his own, then you are NOT under a duty to pay off Hitachi out of your own funds, and the debt will be written off.

I hope this assists and sets out the legal position.

Please let me know if you require any further clarification.

Kind Regards

Al

Customer: replied 10 months ago.
Thank you so much, my daughter thought I wasn't to be held responsible , and we did have a joint account, as I have continued to pay without realising this was my husbands debt, am I able to reclaim the payments taken from my account since my husband died. You probably must think I'm stupid, but Bob did all the paper work, and I'm still coming to grips with life , as we were married for 52 years, and he took care of household businesses , Sincerely. Janice. Lorimer
Expert:  Aston Lawyer replied 10 months ago.

Hi Janice,

Thanks for your reply.

In theory, provided your Husband did not leave any of his own assets, you are entitled to claim back the monies you have paid since he passed. Whether Hitachi will accommodate your request is another matter- ie you may find it hard to recover the payments.

Good luck.

If I have assisted, I would be grateful if you could rate my answer.

Kind Regards

Al

Expert:  Aston Lawyer replied 10 months ago.

Hi Janice,

Thanks for your further question.

You will need to write to them, setting out the payments you have mistakenly made and request a full repayment within 14 days.

Please rate my answer, if I have helped.

Kind Regards

Al

Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10354
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
Aston Lawyer and 2 other Law Specialists are ready to help you
Customer: replied 10 months ago.
Thank you so much for giving me peace of mind, I have recorded your name and will definatly contact you with any legal problems, and pass your name to any family members who need legal advice, again Bless you, Janice. A. Lorimer
Customer: replied 10 months ago.
The question was a repeat, I'm sorry but I'm not terribly good with the iPad. Again thank you for your help, Bless you. Janice,
Expert:  Aston Lawyer replied 10 months ago.

Hi Janice, you're welcome. Enjoy your weekend. Best Wishes Al

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