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  1. So they wrote a letter stating that they understand we say there is no money in the estate but that they want to complete their own searches of public records such as the probate registry to confirm this. They say this info is available to them nine months after the date of death. is this anything we should worry about? is there anything that should be done from our side? Probate was not needed as there were basically no assets that were not jointly owned.
  2. just wanted to come back and update this thread with the outcome. So, I wrote a letter for my mum explaining that the estate was insolvent. We hadnt heard anything after nearly 8 weeks so she called a few days ago; the bank said on the phone that dads debt had been written off. Obviously I'd be more comfortable having this in writing, and she did request that, but not received anything yet from the bank. We did turn up another small debt of £200 or so for a Barclay card and have written the same letter to them, but also without a response - though they did write a rather aggressive "reminder" that the payments have been missed and that interest will be charged if the account isnt paid off. Thanks for all the helpful advice here - I realize Natwest could have gone to court and possibly gone after the equity in the house even with a joint tenancy, but thankfully it seems they weren't ready to take that on and do it on this occasion. Hopefully we will get this in writing in due course, and I'll update this thread again if so. My mum is sleeping a little easier now
  3. Thanks for all the replies. I’ve double checked the nature of the beneficial interest and it is indeed joint tenancy (see pic). As @BazzaS has mentioned, that would suggest there is a risk the bank could pursue a claim, but presumably they would not do so without first trying to reach a settlement? I am inclined to inform the bank of the fact that the estate is insolvent using one of the template letters linked earlier, and put the ball into their court to see what they say next.
  4. yes, its definitely joint tenancy - I checked that on the deed/land registry document. The loan was only in dads name. My mum is the named executor on his will. We're waiting for the final statement of affairs from the bank - presumably my mum as executor would then need to write to them with a statement to the effect that there are no assets in his estate. Is there a particular format this notification should take or any laws that need to be cited? It would be a decent outcome if mum ends up debt free, this debt has been a millstone for them over recent years and it will be one less worry for her during her bereavement. PS. thanks so much for the helpful replies all!
  5. Thanks - thats very helpful - the debt being written off would obviously be the ideal outcome, but i read an article (linked below) that describes how in the case of an insolvent estate a creditor can apply to the court to force the survivor to repay to the estate the value that the estate was depleted by when the joint tenancy passed the property to the survivor. I'm not sure if this is only applicable to secured debts, or any debt. Beneficial Joint Tenants, Survivorship and Creditors of (33bedfordrow.co.uk)
  6. Hello, My dad sadly died last month. He had an unsecured loan with Natwest of around £9k, debts accumulated trying to help a family member. His only asset of value was the home he shared with my elderly mum, the deed has him with my mum as joint tenants. I understand this means the home automatically becomes hers and the house is not technically part of his estate. This means the estate is insolvent. I understand there is some legislation that would mean its possible the bank could still pursue the value of dads share of the family home and force a sale. Where does this leave my mum with the bank? I doubt they would write such a large amount off if they have options to pursue repayment. Mum could probably manage a settlement offer of around 30% of this amount but she doesnt have many resources and her pension income now dad has died will be greatly reduced; she's scared to lose the house. I'd really be grateful to understand what options are open for her in this situation, if anyone has any insights.
  7. Thanks - it seems strange that if I had been able to submit a defense, I could have just submitted proof that I dont live in the UK and not under the jurisdiction of the court in order to have the claim dismissed. Since I don't live in the UK and didnt receive the court claim I obviously couldn't do this, and yet now judgment has been entered it seems I cannot easily get it set aside either...
  8. Re-reading my last post, its probably a bit of a sprawl and I'm trying to clear up too many points at once - I'll therefore clarify it all by just asking if anyone has an opinion about this one question: Will this be enough to set aside the CCJ? Would I also need to provide a defense for the claim?
  9. thanks so much for the quick reply! The CCJ was for about £850 and ordered in monthly installments of £50 - the warrant of execution including bailiff charges had bumped it up to about £1100 - I dont have the exact amounts to hand right now. The order was sought by Bryan Carter and the debt may be in question as to validity because I was sure I settled all my debts before leaving, I closed my bank accounts too so its going to be difficult for me to check, but more importantly if valid it would be statute barred in about 3 months which is possibly why they went for a judgment. Its a county court judgment, not a high court writ, the bailiffs are the local county court enforcement officers. I was wondering if the matter could be dealt with by my parents and a statutory declaration, additionally my parents can give an overseas address for future correspondence for me? If I contact the enforcement agents myself, would this count as "acknolwedging the debt" and jeapordize any chance of this being statute barred, if the debt is valid?
  10. Hi, I've received a CCJ for an alleged debt that has been entered in default against my last known address. I havent lived in the UK for 6+ years and didnt receive any of the papers obviously. The judgment has been entered against my parents address where I lived for a short while before I emigrated. My parents just received an enforcement noticed from the bailiffs. I'm in the process of trying to get this CCJ set aside and will try to obtain a stay on enforcement obviously because judgment should not have been entered in the first place as a non-resident, however I'm very concerned about the prospect of my elderly parents being hassled by the bailiffs and would like to know what steps they should take to ensure they do not receive an un-necessary visit, or even worse, have their things taken or their car clamped. Any advice on what they should do would be greatly appreciated!
  11. Ok, I've made a little progress on this matter and thought I'd update the thread for the benefit of anyone else in a similar situation - if anyone is able to answer my questions on the remaining points, I'd still be very grateful From what I can see, not being resident in the UK at the time of the claim+hearing should be entirely a good enough reason to request the CCJ be set aside. So for Q3 on N244 I am planning to write this: I respectfully request that the court set aside the above referenced judgement on the basis that I am not currently a UK resident and was not residing in the UK at the time of the claim being issued, nor at the time of the court hearing. Furthermore I did not receive the original claim notice dated XXX. If anything additional to this is necessary, please feel free to comment I hope I don't need to any law rules on this but I read somewhere else that CPR6.6 (link to justice.gov removed) applies here ("The claim form must be served within the jurisdiction"). Do I need to quote this in my argument in some way? My only remaining question here is whether I should also request in this part of N244 that any enforcement action be stayed? I found a handy guide at national debtline (link to guide removed) which actually answered some of my remaining questions about N244 - I had done quite a bit of digging when I posted my original thread but I hadnt found that page so apologies for asking un-necessary questions - I'll answer my own questions anyway: The debtline page above suggests I shouldnt do this, but elsewhere on CAG i've read that I should submit a draft - any help on what this should write in a draft would be hugely appreciated -and should this draft also mention staying enforcement of the CCJ, and should I also ask for costs for my application back? The debtline page says that it would probably need a hearing but I'm wondering if I should leave it blank to let the court decide what is necessary? Going to leave this blank Also to be left blank Seems that this relates to a solicitor, so will also be left blank. Looks like I just need proof I'm not resident so I have a letter from HMRC that I will use in this case. Yes, they do get a copy of the application so I will be bearing that in mind with regards to what information is included in my application. This bailiff problem is still something I'm really worried about - I gather the bailiffs are just acting on the courts orders so it seems like they really can try to enforce at my parents address - my dad has written to the court and bailiffs but I don't know if that is enough to stop them visiting?
  12. I tried to explain my situation in detail but if I have omitted or overlooked anything that would be necessary for anyone to give any suggestions I apologize
  13. I've spent a couple of long evenings searching the forum and reading threads but havent been able to find anyone with quite the same situation, so I thought I would sign up and make my first post to ask for a little help regarding a CCJ, bailiffs and the correct way to handle an N244 application. My situation is that I left the UK about six years ago, got married and now live and work in eastern europe (EU member state). I have only now found out that a CCJ has been made in my absence for an old final mobile phone bill I was sure I had paid when I was emigrating. Its possible that I could have forgotten about it, I havent yet been able to find the paperwork from back then and I closed my bank accounts so i would have to write to make a subject access request to check properly. The judgment was for a sum of around £690 + costs which was entered about three or four months, but now with bailiffs and everything they add on its been inflated to about £1200 although for some reason the order was made (or requested by the creditor perhaps?) for monthly payments of £50 rather than the full amount. No idea why. Anyway, the payments obviously havent been made so an order for enforcement has been made. I have only just been made aware of this situation as Lowells seem to have bought the debt from O2 at some point and a CCJ was obtained at my parents address where I lived for a short while before moving - they just got a bailiffs enforcement notice. The debt, if it turns out I do still owe it, would be statute barred in the next three or four months, which must be why they decided to go for a judgment. I've asked dad to write to the court and bailiffs notifying that I havent lived there for years so they don't get bothered by someone trying to take their stuff. Is there anything else I should ask them to do so the bailiffs don't try barging in on my elderly parents regarding something that really doesn't concern them at all? Should my parents give them an alternate mail address for me? is there something particular I should ask them to do in this situation? I'd also like some advice on correctly preparing an N244 to ask for the judgment to be set aside on the basis that I am not a UK resident (and I did not receive the court papers if this additionally helps my position). I have no property in the UK and have notified HMRC et al of my depature when I left. Here are my questions about N244 and my request to set aside: 1. how should I word my reply to Q3. on N244 where it says "what order are you asking the court to make and why?" - would something like this suffice: "I respectfully request that the court set aside the above referenced judgement on the basis that I am not a UK resident and did not receive the original claim notice dated xxxx in a timely manner." Is anything additional to this necessary? Do I need to quote any case or civil law in respects to this? Will the court set the judgment aside on this basis alone or do I need additional arguments? Should I also request that any enforcement action be stayed? 2. Do i need to attach a draft order (Q4)? 3. should I request a hearing (Q5)? can this be set aside without? It will be impossible for me to attend as I simply could not afford to fly back to attend court any time in the near future - would I be able to represent my case sufficiently by the information in 1. above? 4. The question "How long do you think the hearing will last? (Q6)" - I'd optimistically like to think 5mins would be enough to consider "not a uk resident - judgment set aside" - but realistically, what should I put here? 5. what level of Judge is needed for the hearing (Q8), that can set this aside? Clerk? Master of court? District Judge? 6. Who should be served with my N244 application (Q9)? Is this purely for the court or also for the creditor? 7. What sort of proof or evidence should be attached - I might have some old letter from HMRC confirming I am no longer resident for tax purposes or possibly get them to confirm that again in writing, I definitely have a foreign language document showing my first non-UK residency address. I could get my parents to give a witness statement to that effect also. 8. Is being non-resident justification enough to set this CCJ aside or is there a chance a judge might let the Default order stand? 9. Will the creditor get a copy of everything I submit as part of my N244 application? I'm reluctant to give them my new address in eastern europe in case they try to get bailiffs after me out here, though I have a mail forwarding address in the USA which I could use for this purpose. From what I read, the bailiffs in the UK are bad enough, but the ones out here have a reputation for hanging you up in the forest overnight by your feet Thank you in advance for any and all advice you can offer me - this forum is really such a wealth of information...!
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