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  • Query on CCJ's

    Hi

    I have a couple of queries on CCJ's and as l know very litle about them thought l would go to the people who might.

    My daughter has been issued with a CCJ for non payment of an overpayment of Housing benefit/council, tax benefit.

    My son - in-law has just been issued one for non payment of an outstanding debt l think for a mobile phone.

    What action can be taken in regards these CCJ's, l am slightly concerned as they have been issued using our home address but my daughter and son-in-law moved out last weekend.

    Basically can Bailiffs enforce entry to either our home or there new home?
    What action can the court/bailiffs take.

    Unfortunately my daughter has a bury her head in the sand attitude, whilst her husband hides the post. Found his CCJ when clearing up after there move!!

    Many thanks

  • #2
    Re: Query on CCJ's

    As long as there is no financial links between you and your child I would have thought that if a baliff did turn up at your door, you could just to them to leave as the people involved dont like their anymore and I would assume it would be up to you if you wanted to tell them where they went.

    Comment


    • #3
      Re: Query on CCJ's

      Hi Flo, As mgfboy has said this won't affect you but do check that they are both paying their CCJ's.

      Please read these threads on what to do if a Bailiff did turn up.

      --- > Bailiffs Harassment - allaboutFORUMS

      If the county court judgment isn’t paid

      If you’re given a county court judgment and don’t pay, action could be taken against you. The ‘creditor’ (the person who is owed the money) can ask the court to enforce the judgment. The creditor will usually have to pay a court fee. The creditor can apply to the court to get the money using:
      • a warrant of execution (sending bailiffs to collect payment or goods for auction)
      • an attachment of earnings order (deductions from wages)
      • a third party debt order (usually used to freeze money in bank or building society accounts)
      • a charging order (a charge on land or property owned by a debtor)

      Warrants of execution can be issued using the Money Claim Online website, the County Court Money Claims Centre or the local county court. For any of the other steps, the creditor has to ask for the claim to be transferred to the defendant's local county court.
      IF...x
      "If wishes were horses, beggars would ride"

      Comment


      • #4
        Re: Query on CCJ's

        Thanks mgfboy and IF. This information has put my mind at ease - l do tend to worry more as l get older!.

        Thank you for your time. Have a great Easter

        Regards

        Flo5

        Comment


        • #5
          Re: Query on CCJ's

          However if when they applied for the credit etc they'll have said "living with parents" on the form ergo that covers you. But as they'll have no assets (a house) its unlikely a HCEO will turn up (ONLY a HCEO has power of entry)!

          The council tax may well get one. Watch out for those buggers.
          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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          • #6
            Re: Query on CCJ's

            Thanks Niddy,
            I have recently been watching the BBC Series about High Court Sheriffs who are HCEO, very informative. I thought out of the two it would be the council who will be the tenacious ones.

            Thank you again Niddy for coming to my rescue -

            Have a good week-end, take care

            Regards

            Flo5

            Comment


            • #7
              Re: Query on CCJ's

              One might as well also point out that it is unlikely that either claimant would be granted a Shylock Order to remove one of the debtor's kidneys or part of their liver, to be sold on the international transplant market.

              Comment


              • #8
                Re: Query on CCJ's

                Thanks CleverClogs,

                I sincerely hope not my daughter only has one kidney!

                Regards

                Comment


                • #9
                  Re: Query on CCJ's

                  cloggy!!!
                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                  Comment


                  • #10
                    Re: Query on CCJ's

                    Originally posted by nightwatch View Post
                    cloggy!!!
                    What?

                    I did state it was unlikely, didn't I?

                    Comment


                    • #11
                      Re: Query on CCJ's

                      Originally posted by flo5 View Post
                      Thanks CleverClogs,

                      I sincerely hope not; my daughter only has one kidney!
                      I take it she had not previously been served with a Shylock Order?

                      Comment


                      • #12
                        Re: Query on CCJ's

                        Originally posted by CleverClogs View Post
                        What?

                        I did state it was unlikely, didn't I?
                        Cloggy you'll get a slap!!
                        "If wishes were horses, beggars would ride"

                        Comment


                        • #13
                          Re: Query on CCJ's

                          Originally posted by IF View Post
                          Cloggy you'll get a slap!!
                          For saying that a creditor (usually) cannot claim bits of a debtor in settlement?

                          When was the last time that actually happened?
                          Last edited by CleverClogs (RIP); 8 April 2012, 11:48.

                          Comment


                          • #14
                            Re: Query on CCJ's

                            Originally posted by CleverClogs View Post
                            For saying that a creditor (usually) cannot claim bit of a debtor in settlement?

                            When was the last time that actually happened?
                            You know what for!! Thank heavens Flo has a sense of humour!!
                            "If wishes were horses, beggars would ride"

                            Comment

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