Helping a friend

by MoJoe Mon Jun 18, 2018 10:10 am

I am helping a friend whom, in my non legal/unqualified opinion, does not have mental capacity. Certainly, they have serious mental health diagnosis.

The issue at hand relates to an old credit card debt from 2003 which was bought by Lowell, unsure when exactly. My friend previously tried to deal with this matter themselves and was conned into signing a Tomlin order in 2015, made payments for 6 months and then their health deteriorated even further.

Fast forward to 2017 and Lowell were successful in the county court for a CCJ. I submitted an appeal that the judgement be set aside, as no credit agreement had been provided, despite the 3 letter process having been followed in 2016.

It seems that a hearing was listed for 31st May. The court in his absence have ordered that the application to set aside CCJ be dismissed and have awarded £120 in costs payable by 14 June. I have tried calling the court, but they simply will not speak to me and my friend, as well as his wife are in a terrible state of distress

I believe there are three issues here:

1) That my friend may not in law have mental capacity
2) That a hearing was scheduled of which he had no knowledge
3) Whether or not there is a lawful claim - in my limited/unqualified understanding, the credit agreement was with capital one, not lowell and as there was no right of transfer written into the credit agreement. Lowell do not have a valid claim, despite the court having issued a CCJ in 2017 without seeing a credit agreement...... bemused

I am at a loss to know how to proceed in helping my friend and therefore any help/advice would be greatly appreciated

Thank you in advance

by waylander62 Tue Jun 19, 2018 9:59 pm

this will be very difficult to do anything about, particularly now that your friend has missed the hearing to set aside !! how did that happen !!

in my opinion your only option here is to write to the court telling them that your friend had no knowledge of the hearing to set aside the original judgement, which is going to be very difficult one to prove but i believe this is your only option here.

your argument you put forward in no. 3 above will get you nowhere to be honest, the court dont have to see a credit agreement to award judgement by default.

by MoJoe Wed Jun 20, 2018 3:51 pm

Thank you for your reply

My friend did not attend the hearing because they were not informed of the hearing. I can only assume the notification from the court was lost in the post, or delivered to a wrong address.

Thanks for your thoughts on no 3. Would be very interested in hearing your thoughts on how I should proceed

by waylander62 Wed Jun 20, 2018 8:05 pm

your only real option is to write to the court explaining that you had knowledge of the hearing to set aside, explain that had you known anything about it you would have filed a witness statement and turned up at the hearing.

after all you must have made the application to set aside in the first place so why would you not turn up !! as things stand the court have awarded in their favour so you need to try and do something about that else they will come after you and have the full backing of the court.

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