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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47916
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Our company recently filed a claim for payment of some

Resolved Question:

Our company recently filed a claim for payment of some long-outstanding invoices on Money Online, whereunder the defendant was given until 17 August 2016 to respond but, not to be difficult, we decided to wait until 31 August before pressing for judgement. However, in early September we learned that the defendant died a couple of days earlier. So, whilst the defendant’s family are well aware of our claim, we asked the CC if they could advise us what options we now had; does the claim survive the defendant’s death and simply pass into his estate, to be dealt with by his executor, for example? And for this to happen, should we still apply for judgement? We have just heard from the CC that their officials are not qualified to answer such questions and that we should therefore ask the CAB. Accordingly, we would greatly appreciate your guidance. Many thanks, ***** *****
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 year ago.

How old is the debt?

Expert:  Ben Jones replied 1 year ago.

Hi there. Thank you for your request for a phone call. I am unable to talk at the moment a I am in court today but if you provide the information requested, I will prepare my advice during the day and get back to you as soon as I can. Please do not respond to this message after you have provided the information as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you

Customer: replied 1 year ago.
The debt consists of 2 invoices both issued in December 2012 for a total of £958.80, including VAT, less an interim payment on account of £120.00 received on 14 June 2014. To this has been added the CC fee plus interest @ 8% from 14 June 2014 making a total claim of £1,043.06.
Expert:  Ben Jones replied 1 year ago.

In the event that a defendant dies, the claim will generally proceed against the estate of that person and be dealt with by the executors of their estate.

Who you claim against now will depend on what has happened so far with probate. Civil Procedure Rule 19.8 deals with this:

“Where a defendant against whom a claim could have been brought has died and –

(a) a grant of probate or administration has been made, the claim must be brought against the persons who are the personal representatives of the deceased;

(b) a grant of probate or administration has not been made –

(i) the claim must be brought against ‘the estate of’ the deceased; and

(ii) the claimant must apply to the court for an order appointing a person to represent the estate of the deceased in the claim.”

So it depends on whether probate has been issued as to which one of the two options above you go for now. In either case you would need to make an application to the court to amend the details of the respondent and also, if necessary, to make an order appointing a person to represent the estate.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Customer: replied 1 year ago.
Thank you for this information. However, unfortunately, it does not appear to actually answer my question. Your response opens with the covering comment, "Where a defendant against whom a claim could have been brought has died ...." whereas a claim actually has been made. Does this amend your response?
Expert:  Ben Jones replied 1 year ago.

That is the exact wording of the CPR but it would cover existing claims as well, s what you would be doing is making an application to the court to amend the existing claim to reflect the requirements set out above

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