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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have County Court judgement debt against an 88 year old

Resolved Question:

I have County Court judgement for a debt against an 88 year old man who has been paying this back at £50 per month. I have just discovered he has died. I know he was joint tenant of his main residence with his wife and I estimate the value of the property to be £200,000 at least with no mortgage but he claimed he had no other assets hence the reason he was paying the debt back at £50 per month. There is still £3900 outstanding. How can I ensure that I can get the balance from his estate?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you.

Have you approached the executors of the estate please?
Alex

Customer: replied 1 year ago.
Not yet. Unsure who this would be however I had to fight for over two years to get this judgement so if Execs are son and wife as I suspect, then unlikely to be cooperative so was just wondering what my final recourse would be. I intend to write a letter addressed to his executors asking how they propose to settle the debt but suspect I will get nowhere so was looking to put some kind of charge on the house if possible
Expert:  Ash replied 1 year ago.

It makes no difference whether or not they are co-operative. They cant settle the estate unless all the debts have been paid.

You can apply for a charge on the house but this needs to be done before the estate is dealt with.

You would need to apply using form N379:

http://www.jordanpublishing.co.uk/system/uploads/attachments/0002/2209/n379_0302.pdf

The Court will list the matter for hearing and decide whether to make the charge final.

But the estate is liable for the debt before it is distributed.

Can I clarify anything for you about this today please?
Alex

Customer: replied 1 year ago.
I will write to the Executors and request that the debt be settled in full and await their response. However what can I do I they ignore me?
Expert:  Ash replied 1 year ago.

You have a Court order, if its distributed without being settled the executor is personally liable.

Does that clarify? Alex

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