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Need legal advice for a friend

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Hi, you’ve all helped me out in the past and I’m hoping you can help out a friend of mine also.

 

Due to mental health problems they have got themselves into a bit of a mess regarding a credit card debt, it was passed onto Cabot who have then passed in on to their solicitors.

 

I’m unsure of what letters may or may not have been sent but they have told me that they did receive court papers which they responded to on the mcol website however they didn’t post a defence.

 

They have shown me two letters both dated the 14th September,

one is from the solicitors saying as there has been no response received to the claim form they have now requested the court grants judgment in default in their clients favour for the full amount payable at £50 a month, but also offering to discuss the amount payable.

 

The other letter is from the county court saying that they have already granted judgment in favour of the claimant for the full amount at £50 a month.

 

My questions are:

1. Did they get judgment in their favour because no defence was filed?

 

2. How can both letters be on the same date? that makes it impossible to be able to respond to the solicitors if it’s already gone to court.

 

3. As it now gone to court is that £50 a month binding? My friend cannot afford that much.

 

4. Does their mental health issues have any bearing on the situation.

 

I hope you can help me help them and tell me what the best thing is they can do because as you can appreciate this is not doing their health any favours.

Edited by dx100uk
spacing

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1.yes

2.missed defence default judgement

3. yes by n245

4. not really no.

 

tell us about the debt please

last payment

when taken out etc etc


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Thanks for the reply dx.

 

I’m afraid I don’t know much more about the debt, these were all the letters they could find and I didn’t want to pressure them to much. I’m trying to do this as careful as possible without upsetting them further.

 

What’s a n245?

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type it in our search....variation order

being careful sometimes means making things worse.

 

if the debt has issues then there could well be a setaside chance and that could wipe the CCJ totally

so don't miss that easier window by letting time slip

 

find out when he took this card out

can you not get him to do a credit check...then show it to you?

that way it gives you most of the info you require without explaining why,,,reason for now is you simply want the CCJ number lets say..

 

if the card was taken out in recent years then that sort of knocks out most chances, but if the card is ages old, that might open windows.

 

if not its N245 time

vary the judgement to an affordable level.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?488201-Backdoor-Lowell-telecom-CCJ-�50pcm-judgement-received&488201-Backdoor-Lowell-telecom-CCJ-�50pcm-judgement-received=&p=5130850&highlight=N245 default judgement#post5130850


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Thanks again dx.

 

The card was only a few years old so I’ll help them with the n245 form

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