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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33297
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Not sure what section this needs to be in. But.. On the 4th

Customer Question

Hi. Not sure what section this needs to be in. But..
On the 4th of march 2016 I lost my father to a sudden heart attack. He lived alone in rented accomodation.. he had 2 children, me and a daughter. When he died he left no will. As his son I took the responsibility to handle his affairs. All was done. Funera ( paid from Dad's account nearly £6k) Notice in the paper. Relevant parties informed using the Kent county council 'tell us once service". I then set about his finances and a letter of probate was obtained around the 19/20th may and all creditors ( electric, water, rent,) etc leaving about £24k in the bank. This was then shared between myself , my sister and the 5 grand children who we agave £1500 each. A few days after this was done I received a phone call from KCC saying they had made an overpayment into my dad's account of sum £12k and they wanted it back. I explained they the estate had been dissolved and is was told ok she's will report back to her manager. I heard nothing else until last week when I received a demanding letter for the money. Again I called them and they went off I have now received another letter want all the details and break down as to who sorted out the monies and how it was spent and by who and how much and so on and so on.. we are now some 6 months after dad's passing and everything was done following protocol..
Where do I stand with this please?
Me Andy Umbers
Submitted: 2 months ago.
Category: Law
Expert:  Clare replied 2 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

What was the payment for.

Did you put notices regarding claims on the estate in the paper?

Customer: replied 2 months ago.
Hi the payment was an over payment for I believe social housing. And yes a notice was put in the paper . And all were also informed by the council own tell us one scheme
Expert:  Clare replied 2 months ago.

OK

But was there an advert asking for Creditors to come forward

Customer: replied 2 months ago.
Ok
Customer: replied 2 months ago.
there was
Customer: replied 2 months ago.
Just read through the news paper announcement. It is just a general notice of passing.
Expert:  Clare replied 2 months ago.

Have they explained how the overpayment happened?

Customer: replied 2 months ago.
No nothing. Just they had made a mistake.
Expert:  Clare replied 2 months ago.

No evidence at all?

Customer: replied 2 months ago.
I can see from Dad's account the money coming into it but but not knowing his affairs and obviously not being here to ask I can't tell. I do know a few months before he had died he said there had been a mix up with his rent and he was waiting for a refund but I honestly don't know if that was it.
Customer: replied 2 months ago.
But no no reasons from them
Expert:  Clare replied 2 months ago.

Then your starting point is to write back and ask for a detailed breakdown of the debt and an explanation for the delay in notifying you.

Tell them that the monies have already been distributed and no further action can be taken until you have received that information

If they can justify it then you and your sibling will have to make proposals for payment by instalments - since I am SURE the capital has already been spent

Please ask if you need further details

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