CCJ set aside limit.
Discussion
An elderly friend of mine died around 6 years ago and I sorted her affairs as she had nobody else. She left barely enough to cover her funeral but her local authority wanted £15k in contributions to her care. I told them she had no assets at the time but it appears they attached the debt to me and I have just received a demand for payment after a CCJ was levied. There was previous correspondence sent that hadn't reached me, as I'd moved home, but I'm unsure what to do next? All I ever did was transfer my friends money across to the council. I did this. as a friend and there wasn't even any legal agreement.
I've written and explained the situation. I have also written to the court and told them. It's 5 years ago though and I'm wondering what I can do after so long, as I certainly don't have any evidence of what happened or old paperwork etc.
Does acting an an executor make you liable for the debt of a third party? Ideally I would like to go to the court and explain what happened but 5 years on is that even possible?
I've written and explained the situation. I have also written to the court and told them. It's 5 years ago though and I'm wondering what I can do after so long, as I certainly don't have any evidence of what happened or old paperwork etc.
Does acting an an executor make you liable for the debt of a third party? Ideally I would like to go to the court and explain what happened but 5 years on is that even possible?
I think the not going to do anything about it is disproved by the involvement of the chase letter. Bailiffs will follow, and those with actual Court Orders have some teeth.
When was the CCJ recorded? You might be able to get it set aside, but that costs money, and am not sure if you can reclaim that from the offending party. If you don't get accurate advice on here, this might be worth investing a little time talking to a real live lawyer about.
When was the CCJ recorded? You might be able to get it set aside, but that costs money, and am not sure if you can reclaim that from the offending party. If you don't get accurate advice on here, this might be worth investing a little time talking to a real live lawyer about.
randlemarcus said:
When was the CCJ recorded? You might be able to get it set aside, but that costs money, and am not sure if you can reclaim that from the offending party. If you don't get accurate advice on here, this might be worth investing a little time talking to a real live lawyer about.
March 2015.I thought I would see what response I got from my email/letter and then go to a solicitor.
1602Mark said:
randlemarcus said:
When was the CCJ recorded? You might be able to get it set aside, but that costs money, and am not sure if you can reclaim that from the offending party. If you don't get accurate advice on here, this might be worth investing a little time talking to a real live lawyer about.
March 2015.I thought I would see what response I got from my email/letter and then go to a solicitor.
From the Debt Collector: F&*k you, pay me.
https://www.stepchange.org/debt-info/ccj/set-aside...
The solicitor is there not to help you get the CCJ set aside, but to examine your executorship of the original estate, and the defence to the 2015 case that you missed. If they reckon you might be on the hook for some of it, get the 2015 judgement set aside, and try and do a deal. If they reckon its as simple as estate was £3500, funeral was £3200, and you paid 300 to the council, then you should be able to get the case transferred to your local court, and put the facts before the judge with a reasonable degree of confidence.
OP, as much as the people on here are well meaning, I would suggest you seek proper legal advice.
Have a look at local solicitors, it's quite possible you could get a first consultation for free, just to find out what needs to be done.
Good luck and try not to get too worried over it, if you genuinely don't owe any money, then it shouldn't be a problem to resolve (famous last words!)
Have a look at local solicitors, it's quite possible you could get a first consultation for free, just to find out what needs to be done.
Good luck and try not to get too worried over it, if you genuinely don't owe any money, then it shouldn't be a problem to resolve (famous last words!)
I would be going absolutely mental at the council.
Unless you have inherited her estate then they simply have ZERO legal mandate to transfer the debt. it dies with her.
If you have inherited stuff, they can demand you sell it or pay its value against the debt as you should not have received anything from the estate until all debts were settled. But your liability would be strictly limited to the value of the items you received as part of the inheritence.
Certainly investigate it being set aside and make the council fix it.
Certainly dont pay a penny and dont ignore it.
Even if it drops off the CRA's at 6 years, they could try and go back to court before then to enforce the judgment.
Unless you have inherited her estate then they simply have ZERO legal mandate to transfer the debt. it dies with her.
If you have inherited stuff, they can demand you sell it or pay its value against the debt as you should not have received anything from the estate until all debts were settled. But your liability would be strictly limited to the value of the items you received as part of the inheritence.
Certainly investigate it being set aside and make the council fix it.
Certainly dont pay a penny and dont ignore it.
Even if it drops off the CRA's at 6 years, they could try and go back to court before then to enforce the judgment.
Step 1 is to attend the court and get the CCJ set aside. You need to prove you moved and did not receive any of the court documents. If successful that is it for now. They will then have to re-submit court documents.
At the moment you have that debt and they will take steps to recover the money.
At the moment you have that debt and they will take steps to recover the money.
ashenfie said:
Step 1 is to attend the court and get the CCJ set aside. You need to prove you moved and did not receive any of the court documents. If successful that is it for now. They will then have to re-submit court documents.
At the moment you have that debt and they will take steps to recover the money.
Thanks for the responses thus far guys.At the moment you have that debt and they will take steps to recover the money.
It is Merton who contacted me and it included an old letter that states that their previous attempt at contact was returned. It also states that it still qualifies as my being served.
When she died she had barely enough to pay the funeral costs and they were shown this with her final bank statement when the account was closed.
Am I right in thinking that you can still get an hours legal advice gratis?
1602Mark said:
An elderly friend of mine died around 6 years ago and I sorted her affairs as she had nobody else.
How, exactly, did you sort them out? What assets did she actually own? Did you obtain a grant of probate / letters of administration from the court? I'm assuming not, in which case how did you manage to get such assets as did exist released?
Although an application to set aside the judgment is the obvious route, there's a court fee of £255 to make the application. It would therefore be worth trying to negotiate with the Council before making the application. If you fully explain your position I'd hope they would see that the judgment should not have been entered, so that it can be set aside by agreement and without the need for a court hearing.
However, it's essential you don't waste any time, as one of the criteria the court will consider in a set aside application is how quickly you made the application after becoming aware of it.
She didn't own anything. She passed with less than £2k in her account and that went on the funeral. We never had anything legal drawn up to give me authority over her affairs. I simply registered the death and then told the bank, council etc of her passing. They did write to me not long after but I explained the above and thought no more of it. I was actually living in a campsite at the time, whilst I looked for a place to live, so when I moved on the mail was returned to sender. Now, 5 years on and they've written asking for payment informing me a CCJ was made. I have emailed them twice and written to the court. I had planned to write to them and send by registered post to be sure they get my response.
Stop wasting time and money talking to the Council.
Get the facts and the timeline as best you remember it written down. Apply to the Court to have it set aside.
You're obviously not over keen on going to a solicitor to get an independent view, so just lay the facts down, and let the judge decide.
This is why some folks use solicitors as executors, as bad an idea as ever was, but better than letting folks get themselves into quite serious trouble.
Get the facts and the timeline as best you remember it written down. Apply to the Court to have it set aside.
You're obviously not over keen on going to a solicitor to get an independent view, so just lay the facts down, and let the judge decide.
This is why some folks use solicitors as executors, as bad an idea as ever was, but better than letting folks get themselves into quite serious trouble.
randlemarcus said:
Stop wasting time and money talking to the Council.
Get the facts and the timeline as best you remember it written down. Apply to the Court to have it set aside.
Yes, if you don't mind spending £255.Get the facts and the timeline as best you remember it written down. Apply to the Court to have it set aside.
If what you've said is accurate then this is such a ridiculous mistake that the Council must agree to set the judgment aside at no cost to you. If they aren't responding it may be due to shortage of staff, who may be furloughed. So give them a ring and speak to someone in their legal department.
There's obviously been a serious error, and if you can just get to speak to one of their legal people and explain the situation I'm sure they'll be happy to sort it out without you having to apply to the court.
There's no point just writing to the court, as they won't / can't do anything except tell you to make an application.
1602Mark said:
She didn't own anything. She passed with less than £2k in her account and that went on the funeral. We never had anything legal drawn up to give me authority over her affairs. I simply registered the death and then told the bank, council etc of her passing. They did write to me not long after but I explained the above and thought no more of it. I was actually living in a campsite at the time, whilst I looked for a place to live, so when I moved on the mail was returned to sender. Now, 5 years on and they've written asking for payment informing me a CCJ was made. I have emailed them twice and written to the court. I had planned to write to them and send by registered post to be sure they get my response.
Just out of interest, how did the money get from her back account to pay the funeral fee?BertBert said:
1602Mark said:
She didn't own anything. She passed with less than £2k in her account and that went on the funeral. We never had anything legal drawn up to give me authority over her affairs. I simply registered the death and then told the bank, council etc of her passing. They did write to me not long after but I explained the above and thought no more of it. I was actually living in a campsite at the time, whilst I looked for a place to live, so when I moved on the mail was returned to sender. Now, 5 years on and they've written asking for payment informing me a CCJ was made. I have emailed them twice and written to the court. I had planned to write to them and send by registered post to be sure they get my response.
Just out of interest, how did the money get from her back account to pay the funeral fee?
1602Mark said:
She'd given me authority on her account.
It feels like a complex area to me (aka I don't know the law in this area). I presume you were making decisions about her assets? Ie how to spend the remainder of her money. Did you do probate? I don't know what the law says when a person dies with more debt than assets. I wonder whether being involved conferred specific responsibilities on you.I'm not for a moment saying I think you may be responsible for the debt, but there are lots of questions/avenues to look at.
I like others think you need some legal advice really. And I hope it works out ok.
I'm currently planning out my elderly mother's finances and it's a minefield. It's no consolation to you, but your predicament has spurred me into doubly making sure what happens works ok. Everyone in the care system seeme to just make the assumption that family are responsible for their mothers obligations.
Bert
Basically her pension went towards care and left about £30'ish a week for toiletries, sweets or whatever.
Yes, I did probate and maybe that was my mistake? I just didn't foresee that it could end up like this. I'm going to call the council / Merton on Monday (he's off till then) and tell him the whole story. I also intend going to a solicitor.
I thought I was just doing a kind thing for a friend but I wouldn't do it again, sadly.
Yes, I did probate and maybe that was my mistake? I just didn't foresee that it could end up like this. I'm going to call the council / Merton on Monday (he's off till then) and tell him the whole story. I also intend going to a solicitor.
I thought I was just doing a kind thing for a friend but I wouldn't do it again, sadly.
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