CCJ support

Sam264647

Hi,

I'm supporting my brother-in-law who has received a CCJ (judgement for Claimant - in default) and is currently unable to pay it.

He has mental health conditions and generally very bad mental health, so hasn't been able to deal with this himself. I'm working on getting a Debt and Mental Health Evidence Form (DMHEF) sorted.

Overdale solicitors have started to chase the debt and I wanted to check what steps I should take?

Thanks!

Grumpelstiltskin

OK we need more information, what was the CCJ for? How much is it?

What is his financial situation? Is he claiming all benefits he may be entitled to?

Sam264647

The claimant is Lowell Portfolio I Ltd and it's £720 (including £162 for 'costs'). As they've most likely bought the debt, I'm not sure if a 'prove it' letter needs to be sent?

He gets PIP and UC, but pays for medicine privately and isn't very good at managing money (which I'm trying to help with). He lives with family and doesn't have any assets.

Being candid, if I told him he needs to pay the £720 he just wouldn't do it and it would escalate.

RAS

A prove it letter might have been have been before the case went to court but unless he really thinks they've got the wrong person, it's no use now.

What sort of debt is this originally?

ManyWays

is this his only debt? are you sure about that?

fatbelly

So Lowell have a ccj for £720. They may never do anything with it. See if they try anything.

sourcrates

The vast majority of CCJ`s for debt never get past that point, and don`t usually get enforced.

Do you have a POA for Brother in law?

Overdale`s are Lowell`s tame solicitors, its too late now for a "prove-it letter" once judgement is granted, you lose the right to ask for more information.

It would be wise to make Overdale`s aware of BIL `s situation, I suggest that this is done in writing, ask them to hold collection activity, and whilst you do that, get the DMHEF sorted out.

They should pass you to their sensitive care team, and things should develop from there once they get the form.

Sam264647

I'm unsure of what the debt was originally, what would be the best way to find out?

He does also have a debt with HMRC due to not filing a tax return, but he's unlikely to actually owe any tax and I'm planning to appeal the fines under mental health as a reasonable excuse.

I don't have POA as I want to help him out, but it could be a slippery slope to him expecting me to manage all future debt issues and him not taking responsibility.

Thanks for the advice, it sounds like the best course of action is to email Lowell to let them know the situation, engage in the process, but it's unlikely they'll progress with attempting to recover the debt?

RAS

If you wrote letters would he sign them? There is a prove it letter in the sticky nearest the top thread on the front DFW page. Tell them he doesn't know what this debt is about.

On the one hand he may be liable for the money, or he might have the same DOB as someone with a similar name. Until he asks, there's no way of knowing.

EDIT: This question needed asking before the CCJ was issued but it might be useful to reinforce any mental health request.

Sam264647

Hi,

I sent them an email and they've said:

"Due to the information you have provided, we have stopped any further legal proceedings on Mr Xxx's account and have now referred the account back to our client."

Does this mean this is the end of it? I asked who debt was for and it's Three Mobile.

fatbelly

Maybe maybe not. Lowell may get back to you or it may just go quiet. Sorry that's not much of an answer. All we know is that Overdales are off the case