ccj care home fees l

Danjkenz

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

Comms69

Danjkenz wrote: »

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

Your mum passed away in 2012, what happened for 4 years to the estate?! Why was it not administered??!!

Margot123

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

"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.

waamo

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.

HampshireH

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

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

Perhaps something more recent has occurred in relation to the case? Who knows unless the OP responds with more info......