Hello.

In late 2017 I was given a ccj from a short term/ payday loan company.

I rolled over the loan once and it stood at just over 600, its now at 750 as a ccj

When I got the loan I was quite unwell, unable to afford it and suffering from Paranoid schizophrenia, andxiety and depression, unable to work due to my illness.

Just before the CCJ was in court I was unable to go to court as I was under section in hospital receiving treatment for a severe attack, I could not of known I had received a court date or have went to it to challenge it, I did however get someone later after I had visited home and found out about it to call up and explain. As I recall they said they couldn't do anything.

I am just wondering if there is a way to challenge this?,

as I am doing much better now and would like some credit to get my life back on track,

but with a ccj this is very difficult.

Thanks in advance

Was it the pdl co. Or a dca that got the ccj..have you checked?

hi its the payday loan company themselves, There is still a default on my account under their name

cant see how you can challenge it realistically..

ok yes you couldnt respond so theres a valid reason to set aside

but you also need a defence for the actual debt itself..

I cant see one

you could possibly try irresponsible lending claim

that might wipe the debt out or invalidate some of it, thus giving you a stab at the CCJ...not sure.

You may be able to get a default judgment set aside. This may be possible if you never received the documents, or were in hospital and didn’t know they’d arrived.

You’ll be expected to prove these facts, and pay a fee.

But only if you have viable defence to the claim.

https://www.trustonline.org.uk/understand-judgments-fines/ccjs-and-county-courts/default-judgments

Andy

If an individual is detained under Section 3 of the Mental Health Act, that ought to be a simple set-aside. I'd have thought that someone suffering from any acute psychotic illness would have a good defence, as they may not have had capacity (defined in the Mental Capacity Act 2005) to make an informed decision at the time. If the PDL company weren't aware of satstc's condition at the time, they should certainly think twice about proceeding with a claim once they are aware - their actions should be guided by CONC 7.10.

Organisations including National Debtline, MIND and Rethink are reliable sources of information on mental health & debt.