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I know a little and probably should have tackled this when he is around. He has a CCJ for in the region of £38k. My understanding is that his brother also asked for several thousand pounds of costs to be added to this debt but this was denied. When the charge on the share went to court a couple of months ago he had tried to get it deferred, by filing some sort of form but this did not happen and the hearing went ahead. He had no legal representative as he could not afford it athough he had been to CBA and sent to a solicitor who was unable to help. Everyone he has talked to think he should not be owing the money let alone losing his share in the company. He did go a bit mad and take money out of the company when his father dies a few years back, but has not taken anything from the company at all since. His brother has obviously instructed solicitors and know exactly where he is going with this. I think he is resolved to losing his share of the business as he has not fought at the correct times with solicitors, but when talking about this last night I asked if he was sure if the land that is jointly owned by them, but (I think) has a charge against it to do with the business, could also be taken by his brother through the action that he has taken. His brother told him some time ago that he just wanted to break him, leave him bankrupt, etc etc. He has not asked for money from the business for several years and as a Director could have asked. He has, I think correctly said, that the money that he might of made could of gone some way to paying off what is perceived as his debt, although as a Director was he not entitled to take money from his company? Anyhow, the land is the biggest concern really. It is a chunk of land in the Surrey countryside and probably has a high value. Sorry to ramble.....
I understand about the stress so please go ahead.
However you need to put aside any rights or wrongs about the original CCJ it is now too late to do anything about that.
Even if there is a valid case then you can not wait more than 60 days before applying to set it aside - so draw a line and lets say we are where we are.
Do you have a valuation of the business please?
Sorry this is my work email and your email was caught up in our spam. I need to check with Rupert the valuation of the business and he is now at work. Can i come back to you at the weekend or even Monday?