Prison, Debt, CCJ

[qwerty100000]

If you are remanded in custody (awaiting trail) or if you have been tried and convicted of a crime and receive a custodial sentence (and you have been removed from the electoral register at your last known address by your council as a result) can a creditor and/or DCA submit a CCJ claim at your last known address even if you have been removed from the electoral register and can prove to be in prison? The debt being unsecured like a store card/credit card/loan etc?

[dx100uk]

yes

they will not be aware nor care

 

simply inform any debt owners of your correct and current address.

[qwerty100000]

just to clarify

 

if somebody is dealing with another persons debt whilst they are in custody and/or jailed

(and you have a signed letter of authority from the person giving permission)

 

and you receive a letter from a potential unsecured debt owner and you provide them with all the proof that the person is in prison and show the person has been removed by the council from the electoral register etc

 

they can still put a CCJ claim in on that address or would it be the prison address?

[unclebulgaria67]

CCJ would be registered at last known residential address (excluding prisons or po box addresses or care of addresses).

 

Not sure whether enforcement can be undertaken to seize goods owned by debtor at last known address, so the goods can be sold to go towards the debt.

[dx100uk]

prison is only counted as the present residential address.

 

they can raise a Court claim against the debtors last address, but rarely will enforcement ever be granted whilst the debtor is in her majesty's pleasure.

 

if it's consumer debt, there is no right of entry anyway, simply ignore the bailiff if the creditor was ever successful in the CCJ , they'd also have to return to court yo use bailiffs to enforce anyway and once the court knew the debtor was in prison, bailiff enforcement would 99% not be granted.

 

just remember a DCA is NOT A BAILIFF and has zero legal powers

 

might be better if you tell us who is waving their arms and what the debt is please?

[brassnecked]

If address was a rented property, and sentence over a certain length the tenancy would lapse, if debtor single persona Council or HA might well skip all the contents belonging to prisoner unless relative stored them.

 

Would be funny if DCBL and Ch 5  turned up at a prison demanding to seize goods from 5446, Bohill might find himself being locked up by an angry Prison officer.

 

Seriously could you give us more background to allow best advice for circumstances please.

[Peterbard]

The address that would be sent to the EA would be the one onthe judgement notice . The enforcement notice from the bailiff  could be sent to you in prison. Any goods or vehicles belinging to you could be liable for seizure. The EA would not need to go to court as your home addres would be one of the.places you reside. 

 

I would certainly advise ringing the bailiff and informing  him of the situation.heis going to find out anyway. If it's a cc debt it will be c court bailiff,they are usually quite apprachable

 

 

 

 

 

 

 

 

 

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