Recovering Debt From Deceased!

[squidgelet10]

Greetings each.
I loaned an old friend around £470 last year and he was repaying me in instalments.
Unfortunately he passed away in March with around £150 still outstanding.
I don't believe he made a Will, although his relatives are administering his "estate", or lack of it!
I also don't believe he had much cash at the time: certainly not enough to cover the outstanding debt.
I intend to write to the relatives to see if any money is available BUT: In the event there isn't can I legally claim against them?
Many thanks.
Be good!
Cheers.

[bednobs]

no, if there is no money in his estate, you cannot expect relatives to pay it! Imagine if a relative of yours had borrowed 20k off of someone then died, and that person then asked you for the 20k!

[bednobs]

also, not many people die completely without anything to sell, even if they didn't have anything in the bank

[HowardKennitby]

If you have a written acknowledgement of the debt and of the amount outstanding you can submit a claim to the executors. Without something in writing I would say you have no chance.

[ubasses]

No you can only claim from the estate of the deceased. Debts have to be paid off before the Estate is distributed but you will have to have something in writing otherwise they will probably see you as someone 'trying it on'

[sandyRoe]

I think the first priority with the deceased assets is paying for the funeral.

[heathfield]

Unfortunately, asking relatives to pay a deceased's outstanding debt is a well-kown scam. Without written evidence, you might be tarred with that brush.

[squidgelet10]

Greetings each.
I thank you all for your answers.
I DO have proof of the loan in the form of a cheque counterfoil drawn in favour of a sheltered housing organisation which also holds records of the fact that I put up the money for the first month's rent for my friend to take a flat there.
I also have written records of the dates of repayments.
This should surely make a difference?
Stay good!
Cheers.

[CheekyChops]

That is not really proof that it was a loan though, is it. I doubt it would stand up in law. By all means write to the relatives, you have nothing to lose but you haven't got enough evidence of it being a loan to take it further through the courts. And if he had no money, what would be the point anyway?

[Andyvon]

I think if an 'old friend' died owing me £150 then I'd be sufficiently saddened by the death to feel that I would forget it. I would be aware of the possibility of upsetting the feelings and emotions of his/her relatives and I'd be embarrassed to even mention the matter.

I know what I'd think and say if I'd just lost a relative and someone came up and said "Sorry about your loss. Oh, by the way - he owed me £150 you know. Any chance I can get it back somehow?!" Things might be different if it was a considerable sum outstanding - but £150? Are you sure you want to pursue such a small amount Squidgelet? Especially from an 'old friend'.

[joko]

anyone can write anything they like on a cheque book stub...

even if that were enough, theyd have no proof he hasnt already paid you back.

if i were you i'd let it go...if you came and expected me to pay off unknown debts, after the death of my loved one you would not like my response.

unless they find some sort of document in his things that states what you have said and acknowledges he still owes, its just your word against theirs.

[squidgelet10]

Hi Joko and everyone else.
He DID keep a record of his repayments on his PC which the family now have. I know this as I already had some dialogue with them. They are aware of the nature of the loan.
Cheers.

[murraymints]

think you will just have to forget this !!!...it will probably cost you to pursue what is a small debt !!!....consider it a parting gift to a friend in need..go straight to the head of the queue at the pearly gates..St Michael will get you a good seat !!!☺

[Barmaid]

The first point is whether you can prove this is a loan. I would suggest (contrary to answers above) that evidence of the cheque going through your bank account to XYZ Housing Association and your schedule of repayments is sufficient evidence. Relatively few non-commercial loans are backed by evidence in writing. The Court does the best it can on the evidence available.

I would write to the executors and say that £150 is still outstanding on this loan. If the estate is insolvent there is nothing you can do. If there is enough money to repay the debt, the executors will decide whether you have provided sufficient evidence for them and may repay it. If they decide not, you could pursue them through the small claims court, but I question whether it is really worth it for the sum of money involved.

[squidgelet10]

Hi Guys/Gals/Undecided.
As there seems to be a consensus of opinion that I should just write-off this debt for whatever reason, I feel I need to point out that I had to raid my life savings in my Building Society account to provide the loan in the first place. With hindsight I should never have advanced the money to my friend in the first place, but trusted him to repay it although I couldn't really afford it.
I shall be 65 in September and have been on Incapacity Benefit since 2001, when I was given early retirement on health grounds by my local government employer.
Consequently I need every ruddy penny I can get my hands on!
Does that make any difference to you lot?
Stay good!
Cheers.

[craft1948]

Why is the OP ignoring BM's helpful reply?

[themas]

craft - the OP is not necessarily ignoring BM's reply - she is just answering the somewhat judgemental comments others have made. As BM is a barrister she knows about these things & I agree with what she says.