Mortimer Clarke ccj?

catladyLou

Hi,
Apologies if this is on the wrong board !!!
My dad died back in May this year and my mum is'nt capable of dealing with financial matters, especially as she is now on end of life care in hospital herself.

I got a letter at the weekend in both there names sating that mortimer clarke were dealing with a debt for which they had both received a ccj for. I have all the paperwork that was in the house and there is no mention of this debt anywhere, I also checked the ccj registry and there is nothing registered against any of my parents!. 

I rang them and they asked me to send in a death cert for my dad which I have done and I have asked them how they have managed to obtain a ccj against a dead man. My mum isnt aware of any debts and i cant ask dad for obvious reasons. Im worried they will try to transfer this to mums name completely and it will mark against the house when she dies.

Any advice is welcome please!!!!

macman

You can't 'transfer' a CCJ as you describe.
If they wanted to recover from your mum they would need to start the process again and obtain a CCJ against her-to do this they have to serve notice on her first. 
They will not be able to discuss anything concerning your mum's finances unless you have a POA in place.
A charging order is a further step after a CCJ and not likely unless they have tried other methods of recovery first.
Could this be a case of right name/wrong address?

penners324

Who's the underlying debt with? 

sourcrates

Judgements can be granted by default, if the court claim is not defended, which is probably what happened in this case.

If both your parents are named in the judgement, then it applies equally to both of them.

I assume no enforcement action has been taken as yet, if the judgement was issued prior to your dads death, then they can enforce the judgement against his estate without any further permission from the court, if it was granted after his death, they would need court permission to do so.

It depends on what the debt was for, how much is owed, if it`s really their debt, it can be quite complex to deal with, I would certainly recommend getting legal advice, National Debtline might be able to help, or Legal Beagles.

Of course there is always the possibility that Mortimer Clarke may just walk away once they are confronted with proof of your parents circumstances, as I said before, it would depend on various things as to there next move in this matter.