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Sorry folks - haven't looked at the 'Caravanning' section for over a week & missed your comments!

We sent the letter as per Phil's draft & so far haven't heard anything back.  Feels a bit like being in limbo as they haven't responded either way.

We've decided that if they do decide to pursue it & we have to pay then we'll draw up our income & expenditure & offer ridiculously low monthly payments.  After all, it was their cock-up so if they want the money they can have it at a rate we can afford without having to sacrifice our caravan.

We're feeling the pinch just like lots of others at the moment (I'm earning half what I used to earn before redundancy) & we don't really have any surplus income so they'd not get very much.  It'd take a heck of a long time to pay but hey, we'd still have our van.

"if there was nothing put in place prior and during the care home stay." - according to OP there was the usual care arrangements put in place but the Council overlooked placing a charge on the home of the OP Mother in Law to recover the care costs. That is the issue here and which assists the OP

Executors have a duty to pay all debts due and to then deal with administration of the estate. The estate, according to OP had sufficient funds to settle the debt. So, there may be a cause of action against the executors

Phil

Hi Vanessa,

You comment that "We sent the letter as per Phil's draft & so far haven't heard anything back.  Feels a bit like being in limbo as they haven't responded either way."

Personally, I see that as optimistic. Its easy to write back straight away to say "No". If it takes time to respond it means that they are looking into the matter.

Councils have a procedure for dealing with everything and they follow that process. MIL dies and money is due. Who is around to chase to get the money? Family. So you get the standard letter.

What then happens is a trap that many people fall into. When we ask the wrong question the public body answers that wrong question and that starts off a whole new train of events. Both parties end up going down the wrong road.

So they ask for the money and you respond with "I can't afford it". To be helpful they offer installments. That sounds better than paying it all in one go, so you agree.

Both parties completely miss the real issue. It's MIL debt, so how do they claim off you? They firstly have to satisfy you that it is your debt. By agreeing to pay they simply think that it must agree that its your debt and they agree to accept payment.

Truth is, it is the executors liability and it is settled out of the estate and in this case, out of the sale of her house. But its only an enforceable debt against the house if the Council registered a charge, which, you say, they didn't. So Council has no claim over the proceeds of sale from the house. You see that argument takes you and the Council down a different road, leaving you free to enjoy the proceeds of sale and the Council up a cul de sac.

Well almost, they may have a claim against the executors of the will, but, the Council has not run that argument. The officer you have spoken to believes that there is a charge. Your Solicitor tells you there wasn't. Must have come as a surprise to the officer of the Council, hence he/she is looking into it.

Run the right argument in any dispute and it keeps the parties down the right road. It's for the Council to work out the "executor" argument, not for you to suggest it.

Now you continue to wait for their response. Hopefully, they will shrug their shoulders and say "its a fair cop" so you don't have to pay. If they come back with a reason for you to pay, you think about it. Remember. its a legal issue this, so if they try a moral argument, well, that's just desperation.

Phil