car debt

[dorindarasbe]

hi all, my mum who passed away on the 5th november aged 57 had brought a car and had paid roughly 2 1/2 years off with a year and a half left to pay. the bloke who she got the car off doesnt do anything by the book and so keeps going to my sister now for the monthly money, he is very arrogant and not very helpful at all. we have just heard that if someone dies before the debt has finished then the debt dies with that person. is this right and if so what can we do about it please? many thanks and a happy christmas to you all. xx

[NORMANTHEDOG]

it really depends on what it says in the paperwork your mum signed when she bought the car,why does someone come round for it, who did she borrow the money from,sounds a bit sort of loan sharkish to me.

[dorindarasbe]

i think it is loan sharkish. we havent got any paperwork i think it was all done through the shop he has, he isnt being at all friendly about it though.

[Ethel]

A debt does not die with the person.

Debts have to be paid out of the estate. If a person died penniless with absolutely no assets, then there is very little the lender can do

In this case, your mother left at least a car. That is an asset and the lender could insist the car is sold to pay off the debt.

[Dassie]

If your mother left a will then there must be an executor. Tell the chap to go and see the executor who is winding up her estate or alternatively see a solicitor and get him to write a letter.

[Oneeyedvic]

There must be an agreement somewhere - otherwise there is no debt.

Ask for a copy of the agreement next time the person comes round.

It may also be worth carrying out an HPI check on the vehicle to see if there is a registered financial interest.

[NORMANTHEDOG]

but be very carefull,these loan sharks can get a bit nasty at times

[joko]

it is certainly not your sisters responsibility to pay