In december 2009 I lost my husband in a road accident.In january 2010 I received a statement from barclaycard with a balance of £110 that had paid for my christmas gift from my husband to me.I paid the balance in full and cancelled the card after explaining the circumstances.The card was solely in my late husbands name and I never used it,Today,16th july 2012 I received a letter from APS(ASSISTED PROBATE SERVICES) asking the executor of my late husband to clear an outstanding balance owed to their client of over £3000 to be met by the estate of the deceased.They wrote that the original creditor was Barclaycard.
To my knowledge my late husband did not owe any money at the time he died except for the amount I paid in full as detailed above. I have received no statements since my husbands death and have not found any in the papers left by my husband.Please advise me .This is such a shock to receive this letter 2years7months after the accident.What proof should I ask for that there is a debt and am I legally obliged to pay it if it exists? Can they make me sell my house that I now own since my husbands death?I will wait for your reply before I contact APS to find out how Istand legally on this.Thank you so much for hopefully advising me.
First I am sorry for the loss of your husband.
Second, if your name is not on the account, you do not owe any money that your husband may have owned, however much of what you need to look into and research is an estate issue.
Who was the executor of your husband’s estate? Have you spoke to them about this?
I cannot say as to if your husband may or may not have had a balance on the account. You can speak to Barclay Card or this APS company for confirmation on the debt, however they may only be able to release information upon proof of death, which they seem to know about, or to the executor with the required documents.
Personally I would question this company as you have, and my research did not really uncover anything except what their services are.
If they attempt to try and collect the debt, it can only be from your husband’s estate, not from you.
You also may wish to seek legal advice.
Jon Emge is an experienced UK debt advisor who has helped thousands and thousands of people in the UK to deal with problem debt. Jon specialises in finding good solutions for problem debt using a variety of UK specific techniques.
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