CCJ, Defendant is now deceased

43722

I am duplicating a story here that I recently put on another MSE thread. I think it may get more response here.

Essentially I am looking for advice. A family member recently received a CCJ, the culmination of a Private Parking issue.

Even more recently, since the CCJ was issued, the family member has passed away. Paperwork has been found which suggests that a debt collection agency was beginning to press for payment. All of this may be perfectly legitimate business, and it may be that it will come down as a debt to the estate, for future action.

I am really struggling to tell anyone involved about this death. I have tried phoning the court on the given number, but it's a hopeless system that goes round and round, and gets nowhere. I have tried calling the debt collection agency, but they make it clear in their announcements that they will only speak to the debtor, good luck with that.

Is there anything else I can do to avoid escalation of this debt?

A second issue I perceive, is that the timeline of the original case going to Court, and the rapid onset and progress of the illness of the individual concerned ran on parallel lines. I do wonder if I can ask that the court case be reviewed on the grounds of the inability of the individual to engage with the court process as he faced end of life issues.

Fruitcake

I am sorry you and the deceased's family have been left to deal with this.

This isn't the normal sort of thing we see on this forum, so you may need to seek specialist help from a legal professional.

Debt collectors are powerless and can safely be ignored. HCEO/court bailiffs should not be ignored.

Having said that, the executor(s) of the estate could inform the DPO of the parking company that the victim is deceased, attach a copy of their death certificate, and tell them to instruct all their agents of the same. Alternatively, a family member/friend who is not the executor could do this, specifically stating they are not the executor, so apart from wanting confirmation of receipt of documents, they should contact only the executor, who will not be named for privacy reasons. 

If it were me, I would do the latter, but I am not legally qualified to say this is what should be done.

If the executors were to receive contact from the claimant, I would think that would be the point when they would definitely need to seek legal advice. That would be the point to challenge the validity of the original case, especially if the deceased illness caused them cognitive disabilities that would have affected the outcome of the case.

Informing the PPC's DPO and legal department if they have one (many do not) of the situation, and possibly their solicitors (not the debt collectors) if known should be done as a matter of urgency.

Gr1pr

Please name the Claimant parking company, also name any legal companies that were involved in this Saga , plus an idea of the total, or if its above £600, or below £600

Coupon-mad

If it is under £600 ignore it entirely.  Nothing will happen except letters.

Marcon

43722 said:

I am duplicating a story here that I recently put on another MSE thread. I think it may get more response here.

Essentially I am looking for advice. A family member recently received a CCJ, the culmination of a Private Parking issue.

Even more recently, since the CCJ was issued, the family member has passed away. Paperwork has been found which suggests that a debt collection agency was beginning to press for payment. All of this may be perfectly legitimate business, and it may be that it will come down as a debt to the estate, for future action.

I am really struggling to tell anyone involved about this death. I have tried phoning the court on the given number, but it's a hopeless system that goes round and round, and gets nowhere. I have tried calling the debt collection agency, but they make it clear in their announcements that they will only speak to the debtor, good luck with that.

Is there anything else I can do to avoid escalation of this debt?

A second issue I perceive, is that the timeline of the original case going to Court, and the rapid onset and progress of the illness of the individual concerned ran on parallel lines. I do wonder if I can ask that the court case be reviewed on the grounds of the inability of the individual to engage with the court process as he faced end of life issues.

Forgive what could sound like a glib answer, but paying now it is one sure way to settle it. If the estate will have plenty of money to do so, and this is causing the sort of upset which appears to be the case, it may be money well spent simply to close off the issue. Whoever pays it will be able to claim it back from the estate once probate has been granted.

Otherwise phoning round isn't the way forward. You need to write to the debt collection agency with a copy of the death certificate. I'd ask them to confirm that their records have been adjusted to indicate that no further action will be taken to collect this debt - they could well say yes, especially if the amount is relatively modest.

Grizebeck

Don't bother with the above advice. If it's under £600 just ignore as @Coupon-mad alludes to.
No further action required if under £600

Coupon-mad

Marcon said:

43722 said:

I am duplicating a story here that I recently put on another MSE thread. I think it may get more response here.

Essentially I am looking for advice. A family member recently received a CCJ, the culmination of a Private Parking issue.

Even more recently, since the CCJ was issued, the family member has passed away. Paperwork has been found which suggests that a debt collection agency was beginning to press for payment. All of this may be perfectly legitimate business, and it may be that it will come down as a debt to the estate, for future action.

I am really struggling to tell anyone involved about this death. I have tried phoning the court on the given number, but it's a hopeless system that goes round and round, and gets nowhere. I have tried calling the debt collection agency, but they make it clear in their announcements that they will only speak to the debtor, good luck with that.

Is there anything else I can do to avoid escalation of this debt?

A second issue I perceive, is that the timeline of the original case going to Court, and the rapid onset and progress of the illness of the individual concerned ran on parallel lines. I do wonder if I can ask that the court case be reviewed on the grounds of the inability of the individual to engage with the court process as he faced end of life issues.

Forgive what could sound like a glib answer, but paying now it is one sure way to settle it. If the estate will have plenty of money to do so, and this is causing the sort of upset which appears to be the case, it may be money well spent simply to close off the issue. Whoever pays it will be able to claim it back from the estate once probate has been granted.

Otherwise phoning round isn't the way forward. You need to write to the debt collection agency with a copy of the death certificate. I'd ask them to confirm that their records have been adjusted to indicate that no further action will be taken to collect this debt - they could well say yes, especially if the amount is relatively modest.

Why on earth would anyone pay a private parking CCJ of under £600 involving a deceased motorist?  Absolutely nothing can happen and why would you pay a scam?