Cohen default CCJ son in care Help Needed

[ITPR]

Today i got a letter for my son

he no longer lives at our address and has not for some time.

 

 

He has had a lot of mental health issues and is diagnosed Autism, learning disabilities and also depression.

 

 

At present he resides in a care home with his only income DLA and ESA.

out of that money he has to make part payment each week towards his stay in the home.

He has to pay £100 per week towards his care which he pays out of the money he receives.

 

he called around today to get his post and in there were a couple of letters

one from the court and one from cohen cramer...

 

 

the court letter stated that he had not replied to the form and therefore it was judged that he owed just under £500 and should pay £50 per month starting the 14th November.

.. the other letter from cohen cramer said the payments should be made to lucas credit services.

 

all his post is delivered to our address and we give it him whenever he calls up.

he is adamant he never received the claim form and as far as we know nothing ever came in the post.

 

the fact is the court made a decision but unfortunately due to is financial situation and the fact he didn't receive the form is there anything we can do to sort this out.

 

there is no way after paying out everything he owes he can afford the sum asked for per month and also as he does not live here what can we do regarding the order.

 

any help would be greatly appreciated

 

thank you for looking

[dx100uk]

tough luck on them

not a lot they can do if he resides in a care home because of his health issues.

 

has he always lived with you?

or lets put it this way

when he took the card out, would your address been the one he used?

 

if this is the case, then somehow

which nothing unusual for Fleecing DCA's and their fake/tame solicitor

they purposefully use an old address to issue the claims

then magically find the correct address straight after they get a backdoor default CCJ.

 

you could set the CCJ aside, but then you'd need a viable defence as to why he doesn't owe the sum

as the set aside places it back to the start of the process I'e the issuing of the claimform

 

pop us a bit more info

his credit file might help you. too

once you have the CCJ number

you can ring northants bulk

and get a copy of the CCJ and ask about set aside.

 

you might find the claimant could agree to a set aside by consent

without having to pay the £255 fee.

then drop the whole issue

once aware of his situation.

 

safe to say, it cant harm you people nor the address or its assets.

 

dx

[ITPR]

thanks for the reply.

 

my son is 22, he moved into the care home april this year, this was due to his deterioration in his mental health, although he has had problems all his life

 

as far as i know this ccj was for a pay day loan he took out whilst still living with us. I have recently found out that he may have taken out a number of these prior to moving out of the home.

 

due to his learning disability he isn't really able to manage money properly which got him into this mess in the first place but because of his age we didn't realize the extent to his borrowing as he has control of all his finances.

 

i am going to try and check his credit rating later today when he calls up.

 

what would be the next step?

 

thanks

[dx100uk]

you should be able to do it yourself

just use his details

might be a better idea to get the overall picture first too.

 

 

I would suspect it not the payday loan company that's done this but a debt buyer [DCA]

[AndyOrch]

Assuming the judgment was granted recently (within the last 14 days) and the CCJ is irrelevant on his file (as I would assume again it was) I would write to the issuing court and request a redetermination of the judgment requesting the payment amount is reduced to £1 per month.

 

You can do this by letter or using the N244 (there is no fee if done within 14 days of the date of judgment)

 

Within your letter or N244 application notice explain...

 

 

None reciept of the initial claim when the claimant was fully aware of the correct address

The reasons for not being able to pay

Provide relevant financial evidence for redetermination

Quote their case number.

 

Regards

 

Andy

[ITPR]

just a quickie...

 

you said to fill in the form n244...

 

should the form be n244 or n245?

[AndyOrch]

N244 or just a letter...providing its within 14 days of the judgment date

[ITPR]

i sent off a letter explaining details about my sons health and financial situation, i also included a financial statement...

 

the first payment of £50 is supposed to be paid by today and as of yet i have not received anything form the court regarding my request to reduce payments for my son.

 

i have tried to phone the courts but all i keep getting is either line busy or automated messages that hang up after a certain time.

 

just wondering what i can do now as my son is getting extremely worried as he is unable to pay the £50 in full.

 

any help would be appreciated

 

thank you

[AndyOrch]

Can you not get to your local county court in person ITPR

[ITPR]

unfortunately i am unable to do so at the moment, i have torn ligaments in my ankle and also have a dvt possibly caused when i tor the ligaments, at the moment i am on crutches.

 

i also don't have any means of transport and the nearest county court is around 15-20 miles away and i dont drive.

[AndyOrch]

Well apart from keep trying the court your only other option is to email them (if you have an email for your court) and also inform the claimant that you have requested a redetermination of the judgment which is currently being processed.

[ITPR]

thanks for the reply,

 

i emailed the court explaining the situation... got a conformation email saying they should respond between 5-10 days

 

i emailed lucas credit services as the letter from cohen states payment and correspondence should be with them... waiting for a reply

 

i just managed to get through to the court.

.. they wouldn't speak to me regarding my sons problems,

 

 

i did give them a brief bit of info about why i had called,

the only thing they could tell me was that there seems to be a 2-3 week backlog regarding letters to the court.

 

 

they just advised me to contact the claimant direct.

[AndyOrch]

Which you have done...so you are covered re the payment not being made.

[dx100uk]

so we were correct then

it was lowells that got the CCJ, not the PDL company.

cohen and lucas are the same lot as lowells.