CCJ Help 😬

JordanB96

Hi guys, couldnt find the right category so please forgive me. Im desperate for some advice on behalf of my brother. We have tried solicitor's but everyone is on Xmas break. 

Long story short a chap has taken my brother to a small claims court without having any correspondence with him. My brother raised a substantial amount for veterans earlier this year and the claimants charity was originally a beneficiary. All the funds raised were distributed with proof. His conduct toward the fund raising seen himself removed from being a beneficiary  and now we are at this point. Today my brother received a hand delivered letter which stated a decision was made and an amount to be paid to the claimant. The letter is dated December 1st but hand delivered today? The letter states my brother has 30 days to pay or he will receive a CCJ and further action. 

I live with my brother and we have had no letters at all! Just the one from today. I will attach the letter for viewing. Honestly have no idea where he stands and it seems very unfair we have had nothing to even respond to. The amount he is claiming for is the total amount raised from the fund raiser held by my brother. I dont see how he is entitled to such amount when he hadn't put any of his money towards or even raised any money. The money accumulated was from people donating and it was distributed with proof to the charity's stated in the fund raiser. We have tried calling the courts with no luck either, just looking for a rough idea.  Any help would be appreciated. Thank you

MovingForwards

@JordanB96

https://forums.moneysavingexpert.com/categories/debt-free-wannabe 

Is where you want to be seeking assistance. 

Your brother will need to apply to have the judgment set aside, that way if approved it takes the claim back to the start of the court process.

Naomim

The claimant has gone through automatic judgement due to no reply. Your brother can apply  to have it set aside but will have to pay a fee.

Your brother will then have the opportunity to enter a defence. Was there anything in writing to say the claimant would be a beneficiary and anything in writing regarding his removal? 

fatbelly

Yes, that's a default ccj.

It would have been easier to defend the claim but the set-aside process is explained here

https://nationaldebtline.org/fact-sheet-library/setting-aside-a-ccj-ew/