HH
Hester H

1 reviews | Active since Feb 2020

25 Jul 2024, 11:20

BE WARNED

I would like to thank debt rescue for adding to my stress at a very difficult time in my life. We were in financial crisis because of circumstances out of our control. At first they were good. And then a year later, my husband past away (this happend a month ago). I thought let me do the right thing and inform them of his passing since we are both on the form and were married Icp. Even if all the debt listed is on my name. Send the mail on Monday, got a mail yesterday to inform me they are dropping me because of his passing. When I ask what I should do, restart the process? Because I am still in financial crisis. Even more now after he passed. He did not have ANY insurance because we could not AFFORD it. They basicly told me to sort it out on my own.

SO AGAIN - THANK YOU FOR MAKING A SAD AND STRESSFUL TIME EVEN MORE STRESSFUL.

This should be ZERO stars for service.

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Replies (1)
Debt Rescue
Debt Rescue's reply25 Jul 2024, 11:34
Official
Good day.

We're so sorry for your loss and we apologize for the frustration caused.
 Due to the law we cannot proceed with the debt review as the whole estate falls under the deceased estate now.  A Marriage in community of property presupposes that all the assets and debt before the marriage are shared in joint estate between both spouses.  Further, any assets, debts and liabilities acquired by either spouse after the marriage will the  also added to this joint estate.  Similarly, when one spouse applies for debt review, the joint estate is brought under debt review as the parties as viewed as one by virtue of their marriage in community of property.  When a spouse passes away, debt review ceases to be in operation and is , through the death of the spouse terminated, with the estate falling into the realm of Deceased estate, where an executor is appointed to manage the affairs of the estate, which means that, all outstanding debts and liabilities are then dealt with by the executor, who seeks to dispose of the estate in a manner that caters for all claims brought to is attention by the creditors concerned.  Once a surving souse advises a debt councellor or the demise of their partner, it is the duty of the debt councellor to issue out a Form 17.W, attaching the death certificate , and advising all creditors of the death of the spouse and that they are withdrawing from the debt review process. 

Debt Rescue Team