Jump to content


satstc

CCJ whilst under section 3 of the mental health act

style="text-align:center;"> Please note that this topic has not had any new posts for the last 304 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

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

Edited by dx100uk
spacing

Share this post


Link to post
Share on other sites

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


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 

 

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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.


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 

 

Share this post


Link to post
Share on other sites

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


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...