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  • FIRST POST
    • Danjkenz
    • By Danjkenz 6th Feb 18, 5:07 PM
    • 1Posts
    • 0Thanks
    Danjkenz
    ccj care home fees l
    • #1
    • 6th Feb 18, 5:07 PM
    ccj care home fees l 6th Feb 18 at 5:07 PM
    Hi everybody
    my mother passed away in 2012 leaving a house with with an outstanding mortgage, for the last year of her life my mother was in residential care. the local council took me to court in 2016 to recover the cost of the care home, resulting in me having a county court judgment against me.

    my question is how can the take me to court in 2016 when i didn't become executor of the estate until 2017 .
    any thoughts or advice would be much appreciated.

    thanks Danny
Page 1
    • Comms69
    • By Comms69 6th Feb 18, 5:16 PM
    • 2,422 Posts
    • 2,316 Thanks
    Comms69
    • #2
    • 6th Feb 18, 5:16 PM
    • #2
    • 6th Feb 18, 5:16 PM
    Hi everybody
    my mother passed away in 2012 leaving a house with with an outstanding mortgage, for the last year of her life my mother was in residential care. the local council took me to court in 2016 to recover the cost of the care home, resulting in me having a county court judgment against me.

    my question is how can the take me to court in 2016 when i didn't become executor of the estate until 2017 .
    any thoughts or advice would be much appreciated.

    thanks Danny
    Originally posted by Danjkenz


    Your mum passed away in 2012, what happened for 4 years to the estate?! Why was it not administered??!!
    • Margot123
    • By Margot123 6th Feb 18, 5:20 PM
    • 672 Posts
    • 688 Thanks
    Margot123
    • #3
    • 6th Feb 18, 5:20 PM
    • #3
    • 6th Feb 18, 5:20 PM
    What happened to the property: Did you live in it? Were you joint tenants/tenants in common? Inherit it?
    We need a little more detail, please.
    • SevenOfNine
    • By SevenOfNine 6th Feb 18, 5:22 PM
    • 1,203 Posts
    • 1,157 Thanks
    SevenOfNine
    • #4
    • 6th Feb 18, 5:22 PM
    • #4
    • 6th Feb 18, 5:22 PM
    "An outstanding mortgage", but not negative equity? What happened to her assets after she passed away?

    Think perhaps a bit more background might be necessary.
    Seen it all, done it all, can't remember most of it.
    • waamo
    • By waamo 6th Feb 18, 5:33 PM
    • 2,633 Posts
    • 3,233 Thanks
    waamo
    • #5
    • 6th Feb 18, 5:33 PM
    • #5
    • 6th Feb 18, 5:33 PM
    Is this not a bit academic? Given the hearing was in 2016 and the OP clearly knows about it then it sounds as if it is too late to do anything about it.
    This space for hire.
    • HampshireH
    • By HampshireH 6th Feb 18, 8:39 PM
    • 428 Posts
    • 451 Thanks
    HampshireH
    • #6
    • 6th Feb 18, 8:39 PM
    • #6
    • 6th Feb 18, 8:39 PM
    So. Did you put a defence in in 2016? Was the house sold to pay off the mortgage and care home fees.

    Im naive in not understanding how you personally can have a ccj unless you accepted the assert without clearing the estate debts.

    But the main point is why in 2018? Why not 2016 when you were taken to court? Seems any advice will be nearly 2 year overdue
    • Keep pedalling
    • By Keep pedalling 6th Feb 18, 9:10 PM
    • 4,552 Posts
    • 4,978 Thanks
    Keep pedalling
    • #7
    • 6th Feb 18, 9:10 PM
    • #7
    • 6th Feb 18, 9:10 PM
    A couple of possibilities occur to me. The first is that the OP got a CCJ by default as they did not contend it or if they had not officially started probate procedures, that they had becom personally responsible because of intermeddeling and lost a defended case.

    Unless they give more info however we are simply making wild guesses.
    • Margot123
    • By Margot123 7th Feb 18, 9:01 AM
    • 672 Posts
    • 688 Thanks
    Margot123
    • #8
    • 7th Feb 18, 9:01 AM
    • #8
    • 7th Feb 18, 9:01 AM
    Perhaps something more recent has occurred in relation to the case? Who knows unless the OP responds with more info......
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