Stubbs Gazette demand letter in name of deceased

Sulla Felix

Onoly opened the post now so too late to ring them but will in the morning.

Long story short, family member died intestate. I'm not the executor but was handed some mail today in their name to go through. One of them turned out to be a Stubbs demand letter, five days to pay or the name goes into the book.

Obviously we don't want that, but it's a decent amount and I don't think anyone has it to hand. Even if someone does, not sure of the legal twists and turns that'll evolve if someone discharges a debt rather than the Executor? Should be more than covered by the estate though.

So, options here? Can they publish the name of a deceased who's estate isn't resolved? The debt is legally bound to be paid out of the estate anyway, at least now we know about it that is.

Just to clarify, not looking for advice. I know what I'm doing (ringing them tomorrow and telling them). Just wondering at Stubbs legal position in this.

coylemj

Write to them and enclose a copy of the death cert. Tell them that a member of the family will be applying for probate and that there are assets to cover anticipated debts.

Being in possession of this information, if they take the matter to court they probably won't be able to recover legal costs so they will just have to wait in line for the estate to be sorted out. That should get them off your back for the moment.

Milk & Honey

coylemj wrote: »

Write to them and enclose a copy of the death cert. Tell them that a member of the family will be applying for probate and that there are assets to cover anticipated debts.

Being in possession of this information, if they take the matter to court they probably won't be able to recover legal costs so they will just have to wait in line for the estate to be sorted out. That should get them off your back for the moment.

If it is coming from Stubbs it would mean the matter has already been the subject of proceedings resulting in a judgement. Publication in Stubbs at this stage is nothing to worry about as the deceased won't be looking for credit again. The Per Rep should be careful about discharging the debt themselves from their own resources.

Sulla Felix

Milk & Honey wrote: »

If it is coming from Stubbs it would mean the matter has already been the subject of proceedings resulting in a judgement. Publication in Stubbs at this stage is nothing to worry about as the deceased won't be looking for credit again. The Per Rep should be careful about discharging the debt themselves from their own resources.

Don't think so, the wording of the letter certainly doesn't suggest it. Left the letter in work but it was along the lines of "our client has informed us that x amount is outstanding" etc. After taking a look at the controlling companies website it does seem they offer a pre-courts/debtcollection agency/solicitor service where they send a letter out. Leveraging the Stubbs name basically. They charge €27 for it. http://www.stubbsgazette.ie/products/details/5

drunkmonkey

Is this relating to a mobile phone bill or similar by any chance? If so ring the network involved and pass them on a copy of the death certificate. They will probably just write the debt off them.

Milk & Honey

Sulla Felix wrote: »

Don't think so, the wording of the letter certainly doesn't suggest it. Left the letter in work but it was along the lines of "our client has informed us that x amount is outstanding" etc. After taking a look at the controlling companies website it does seem they offer a pre-courts/debtcollection agency/solicitor service where they send a letter out. Leveraging the Stubbs name basically. They charge €27 for it. http://www.stubbsgazette.ie/products/details/5

Once they find out someone is dead they will have to issue proceedings against the estate. They will just leave it to the per rep to deal with if they find that the debtor is dead.

coylemj

OP, you are correct. Whoever is owed money has paid Stubb's to send out that letter, it is leveraging the Stubbs name to intimidate the debtor to pay up quickly. The Stubb's website more or less says that what the service is about - a creditor pays them €27.45 to issue a 'pay up or else' letter. The intention of the letter is to frighten the debtor into thinking that they are one step short of getting their name into Stubb's Gazette which is not the case.

It is essentially an empty threat because the estate of your deceased relative doesn't owe Stubbs any money and they won't/can't put your relative into Stubb's Gazette unless the creditor gets a judgement against the estate so Stubbs isn't going to do anything about the debt.

Toplink

Not directly linked to this OP but thought it might be a good place to ask.

Grandfather died last year and estate was split between 4 of his children. One of them being my mother. Incidentally she doesn't 'get on with' the other 3. Anyway, she got her piece which was a few acres of land. And the probate shows that another sister got a plot of land also.

The probate doc also shows that the estate (house and money) was then left to the 2 other sisters (one of them being the executor).

Is there any legal way that my mother can find out what the value of the estate was?

Kosseegan

Go to the Probate office.

kkelliher

these letters are purchased from Stubbs with the hope of getting a debtor to pay. they generally work but are not worth the paper the are writtin on in terms of bacing up the threats.

I have had to deal with alot of these types of letters and generally a detailed response to them will end the issue. In some cases you will never hear from them again and in others they will follow with an actual solicitors letter which at least gives you someone to call and explain the situation to.

I would assume you have enough stress with the situation so I would simply respond to the debtor confirming the passing and that the issue of the will has not as yet commenced. It will then be up to them if they wish to try and take it any further

Sulla Felix

Just as an update, we've heard nothing from either Stubbs or the creditor in return from the letter.
Seems like they're somewhat of a shot in the dark and they don't really follow up on them or anything.