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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10451
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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A family member, whose spouse has recently died, has

Customer Question

A family member, whose spouse has recently died, has discovered multiple joint credit cards, loans etc., which they did not apply for. Can they obtain allegedly "signed" copies of the agreements from the creditors, in order to dispute the debts? Also, if their spouse is not named on the deeds of the house, can creditors attach debts to it?
Submitted: 12 months ago.
Category: Law
Expert:  Aston Lawyer replied 12 months ago.

Hi, thanks for your enquiry. Your relative should raise a concern with the credit card/loan companies and is entitled to see a copy of the signed agreements. If their signature has been forged, this is fraud and they would have a right to contest that the debts are repayable. As regards ***** ***** no debts of their deceased partner can be attached to the property and if they died without leaving a large enough Estate, the debts are written off. I hope this assists and sets out the legal position. If I have helped, I would be grateful if you could rate my answer. Kind Regards Al

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Customer: replied 12 months ago.
Hi. Thank you for your reply. Does my relative need to quote any specific legislation (like the consumer credit act ) to obtain the information, or will it be enough to say that the credit was applied for without their knowledge? And, just to be absolutely clear, the reason that the creditors cannot take the house as payment is because the spouse's name is ***** ***** the deeds? Sorry if I appear to be repeating my previous questions, but I need to be quite sure of my facts before I advise my relative of the steps they need to take. Thank you.
Expert:  Aston Lawyer replied 12 months ago.

Hi, thanks for you reply. Under the Consumer Credit Act 1974, all debtors are entitled to see the signed Agreement, and they should also explain that they have doubts they were signed by him/her. You are correct in your understanding concerning the property- if the Deeds weren't in the name of the deceased, the deceased's creditors can't make any claim whatsoever against the property. Many thanks for rating my answer. Best Wishes Al

Customer: replied 12 months ago.
Hi. If we can ascertain that the signatures are fraudulent, do we have to report the offence to the police, or will the loan companies deal with it?
Expert:  Aston Lawyer replied 12 months ago.

Hi, you should report it to the Police.

Kind Regards

Al