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Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 6935
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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My husband had a third party mandate in place with the bank

Resolved Question:

My husband had a third party mandate in place with the bank which allowed him to access his fathers bank to pay bills . We have received a letter from the county court from his fathers landlord for unpaid rent following his death . Is my husband responsible for this debt ? Kind regards ***** ***** It is my belief that the tpa ended after death
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
Within the county court letter it also states a 8 percent charge which brings the fee to over £4000 . His father did not have an estate and therefore my husband was not a beneficiary of any estate . The landlord alleges that damage was caused by my husband and although the police were involved my husband was released without charge . Thanks again Vicki
Expert:  Michael Holly replied 1 year ago.

You need to clarify is this a claim for unpaid rent by your husbands father or for damage caused by your husband to the property they are 2 completely different claims.

Michael

Customer: replied 1 year ago.
Thank you . Here is what the letter states , " the defendant is the son and beneficiary of the estate of the late ... Mr c does at the end of may without paying the rent arrears for may of £325 " . The claimant then states that my husband " trashed the house " the police were called and he was released with no charges. The claim form states " to commence with civil action against " . " whilst mr c was alive it is his sons responsibility for paying the rent into my bank account , the claimant claims interest under s 69 of the county courts act 1984 at the rate of 8% from 31/05 to 12/08" , I assume this is for unpaid rent rather than expenses for the alleged damage , my father in law did not have a will / estate / no trust . My husband was only third party mandate for the bank , it's not a joint account nor was he mentioned on the tenancy agreement . What are your thoughts ? With kind regards Vicki
Customer: replied 1 year ago.
It should read , ) sorry ) that Mr C died at the end of may without paying his rent in arrears for may 2016 .
Expert:  Michael Holly replied 1 year ago.

This is an attempt to make your husband liable for the alleged debts of his father.

Whether your husband is a beneficiary or not does not make him responsible these appear attempts to make him responsible.

Your husband has no responsibility to the landlord personally

The debt, if any , would fall to be paid from your husbands father's estate assuming anyone is actually administering the estate either as an executor of a Will made by the father or as a result of the intestacy ( failure to make a Will).

A defence should be filed stating in bullet point that the defendant is not responsible for the debt. That the defendant is not the personal representative /administrator of his father. That the claimant could have checked this by doing a search at the probate registry.

Best regards

Michael

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