My mum passed away in september last year, for the last 5 years leading up to that she was on benefits due to ill health. Apparently her benefit entitlement changed regularly depending on her health so she amassed quite a lot of debt with them. She had no insurance plan so all funeral costs have come out of mine and my siblings pocket but they’re not that deep.
They have sent an aggressive letter telling me to pay the whole balance in one week! I asked to appeal but the guy I spoke to said it wasn’t possible and they wouldn’t give me any information on the debt because of data protection.
I don’t think I should have to pay it, and even if I do I can’t get £9000 together in one week! I have 2 younger brothers so it would be £3000 each, if they agree to it, which they might not as I’m the one responsible. We have a good relationship but I don’t feel I can knock on their door and ask for £3000 that they don’t have. What should I do?
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go to the citizens advice bureau they might be able to investigate and help you
I wouldn’t pay it, personally. Try the CAB for advice.
no its not your debt is it? go to the CAB. im sure you shouldnt have to pay it and the benefits agency is just trying it on. what can they do if you refuse to pay? nothing .
If the Benefits were paid to her and to her only then the debt dies with her,the benefits agency can put a claim against her estate but from what you are saying there was none.As for funeral costs the local environmental officer at your county crematorium has a fund to cope with funeral costs when the deceased has no funds and neither do the family,shame you were not directed to them for advice or financial help,at the very least they could have secured you a contract funeral with one of their undertakers which would at least discounted the cost.
This is not your debt. The person who owed the money is dead. The debt collectors are operating illegally. They can not extort money from a relative.
Do not pay up, not one penny. This is for the executor to tell DWP and settle the estate.
In the UK, ANY debts are taken from the estate (house, cars, investments,saving etc) IF that pot does not exist or there is nothing left, then debts are NEVER paid by the next of kin! They cannot simply come after you, you didn’t claim the benefits, your mother did. They can come after the estate, but NOT you personally.
Read Below:
When someone dies, any debts they leave are paid out of their ‘estate’ (the money and property they leave behind). You’re only responsible for their debts if you had a joint loan or agreement or provided a loan guarantee – you aren’t automatically responsible for a husband’s, wife’s or civil partner’s debts.
The estate
A person’s estate is made up of their cash (including from insurance) and investments, property and possessions.
After someone dies their estate is handled by one or more ‘executors’ – or an ‘administrator’ if there wasn’t any will. These are usually a relative or friend and/or a solicitor.
If the estate’s worth more than a certain amount the executor or administrator will need special permission – called ‘probate’ or ‘letters of administration’ – to be able deal with the person’s affairs. This includes paying off their debts.
What is probate? (Government, citizens and rights section)
What happens if there’s not enough money to pay off all debts?
In this case, the estate has to pay off any outstanding debts in a set order before anything is given to people named in the will, or until the money runs out.
yup