CCJ Statements - Are they a thing? And if so, are they an actual requirement?

hawkis

Hi All, long time, no post from me 

I've been struggling to get info on something now for a while. Lots of Googling and trawling the MSE forums hasn't really thrown much of use up to me.

The situation for some insight is that a friend is paying a CCJ to a local Council. They've been paying £100pm since August 2019 and the debt currently sits at £36k meaning they'll be paying it for another 30 years. The amount outstanding has been taken from their credit report.

The debt was accommodation fees for their mother who was visiting them for the weekend, had a brain haemorrhage and was admitted to hospital. Mum's home was some 200+ miles from them so they never returned home and from that weekend in 2011 to their death in 2016, mum was under 24 hour care which it appears cost a fair few quid with little help from the local council where mum lived. They appear to have paid for the care and want it to be paid back by my friend.

Anyway, my friend has not once received a statement detailing the amount outstanding and the last contact from the (mum's local) council was in August 2019 when the CCJ was issued and the payments started. My friend didn't set up a payment plan or agreement with the council, they just started paying a seemingly arbitrary amount, nor does it appear that the debt has been passed to a collection agency.

Should the council be sending regular statements to them? (And, bonus question - What are the implications if they've not been sending statements?)

The initial question is the one I am really struggling with. I've been searching for over a week now to try and find the answer but can't find anything other than a quote from this very forum that says "Under OFT debt collection guidance, you should receive statements". However, that's literally all I can find when asking this question.

is it worth requesting to have the payments reduced? (Form N245?). They could certainly do with that £100pm back or at least some of it.
Is it worth stopping the payments just to see what would happen?
Any other advice?

My friend fully acknowledges the debt and that it has to be paid, but based on the fact that they are likely going to be paying it for the rest of their life (well past the age their mum died at as well) does it really matter what the monthly payments are?

It seems quite surreal that my friend ended up with a £40k+ debt just because their mum happened to be visiting them that weekend.

Thanks in advance as always 

fatbelly

Really they've got to talk to the council about this. Find out how much is owed

Then take proper advice from someone like National Debtline about their whole situation.

Your credit report will not show the current balance on this sort of debt. Just the original judgement amount. Bear in mind the whole entry will disappear in 2025. 

EssexHebridean

Further question - should this bill even have landed at the friend’s door? This would usually come down to the individual receiving the care, and their estate after they have died, no?

sourcrates

Care bills are not covered by the consumer credit act, which is where your information comes from.

I suspect there is more to this than your friend is telling you, however they need to ask the council for a written breakdown of how this debt accrued, I`m amazed they have not yet done so.

Did mum own a property, property that perhaps your friend still lives in, hence why they have been landed with the debt as they don`t want to move or sell perhaps?

If that`s not the case, then why are they paying the debt at all?

It was mums debt, and if the above doesn't apply, it should be paid from the remnants of her estate, any amount left over that the estate does not cover is the councils hard luck.

They need to clarify the exact circumstances here, as this does not add up currently.

fatbelly

Should have been challenged at the court claim stage. Bit late now, as you are supposed to act promptly.

Could maybe claim against the council but hard work and will need proper advice as stated earlier

hawkis

fatbelly said:

Should have been challenged at the court claim stage. Bit late now, as you are supposed to act promptly.

Could maybe claim against the council but hard work and will need proper advice as stated earlier

Not sure what you mean? What would they have challenged?

fatbelly

Liability. See Sourcrates' post