Brothers Second CCJ

kie101

I hope this is the right place to post this sorry if not! but i really need some advice on my brothers situation, Long story told short.

My brother has received a second CCJ notice Arrears a month ago from Lowell solicitors from the company Shop Direct, this debt goes back to around 5 years ago my brother cannot remember what it originally came from and has racked up a ton of interest on top which concerns me. Basically he has ignored these letters as he is in no position to be able to pay this off almost 4k, he lives with myself unemployed i am the owner of the house and as a family for the past few years we have struggled greatly with personal family matters, i.e Deaths in the family and for the past few years been getting our lives together.

My question is Will i be held responsible for this CCJ of his? or any baliffs that could come? how much trouble is my brother in? and as it is my home are my possessions safe? and is my brother who has not acknowledge the debt or given any responses safe to keep ignoring these letters? what will he expect?

Thank you.

sourcrates

Hi,


We move posts if we feel they will get more help else were, your post has been moved to the general DFW forum.


Thanks

sourcrates

Hi,


A county court judgement is unique to the individual, and no one else can be made responsible for it, can you clarify exactly what has happened, from what i read, the debt is now with Lowell, who have obtained judgement against your brother, and he is ignoring all attempts to contact him, is that about right ?


If he does not work, or have any assets, then this debt is dead in the water basically, there is not a lot Lowell can do, the problem is they do not know his circumstances, so they could try to enforce the agreement by sending bailiffs, you do not have to allow them entry, and they cannot break in, but you/he are leaving yourselves open to a lot of hassle.


His best bet to avoid any further action is to write to Lowell, explaining he cannot pay, that he has no assets, and ask them to write off the debt, there is a letter here for just that purpose :


https://www.nationaldebtline.org/EW/sampleletters/Pages/Write-off-the-debt-%28sole-name%29.aspx

National_Debtline

Hi Kie101 and welcome to MSE,


If there is an outstanding CCJ, that is not receiving payments as set by the court then it can be enforced. If they were to use bailiffs then they can only seize the liable persons goods for the debt and you do not have to let them in (as sourcrates has said above). Your brother would get 7 days notice before they visit, and although you can keep them out of the house, you would also need to make sure that any assets outside are hidden / ownership proved.


With regard to your brothers situation, it would seem beneficial to contact one of the free debt charities. It isn't advisable to ignore the letters. He could make token payments to the debts, but if paying even £1 per month would be hard then he may be able to look at insolvency options like a Debt Relief Order (depending on how much he owes in total).


A write off is also an option, but less likely once a CCJ has been obtained. Your brother can ask for more details from the creditor about the debt, but now they have the court order they don't need to comply with these requests - as the matter has already been proven in court. Good luck,


Laura
@natdebtline