Charging order and harrassment for payment after judgement?

timmmers

I'll cut this story short, expand if needed. It concerns a friend who has some mental problems who signed up for double glazing while in a disturbed mental state (manic) and couldn't pay for them, in fact wasn't ever likely to be able to living on benefits. Questionable saleman.

This went to county court at least 3 times, the first few times the judges were presented with evidence if his state of mind, and/or asked for reports from his shrink which were provided. In fact he was taken into a unit days after the order was made and proved it.

On the last court date, the judge took a totally different tack, ignored all the previous evidence, even though it was asked for by his peers...and slapped a charging order on the house. He DID state that this meant the case was closed, the debt would be paid when the house was sold, no more requests should be recieved from the DCA who had bought the debt from the DG company.

This was a month ago, since then we have discovered that he's had letters demanding payment again, several of them. He has a few close mates who understand, but he is basically alone and very worried by all this. He only just told us it was happening. The CAB can't see him for weeks, and suggested over the phone that setting up a low monthly payment would be the way probably. He's on benefits and incapable of work due to his condition (though he'd love to work)..so this is going to be hard.

We don't understand how he ever lost, why the judge did a uturn from the previous judges advice, or why he's getting the same harrassment as before after the judgement.
We also believe that the DG company salesman may have paid the deposit to gain a sale, as he didn't pay anything at the time...and they can't have done a credit check as this would have thrown up the fact he was on benefits. It's a long way from difficult to notice when he's manic too..and take advantage if that's what your intent it.

Anyone know if this new stream of letters is allowed, and if this judgement itself could be challenged or appealed?

We'd like to be able to put his mind at rest one way or the other before it hurts his condition with the worry.

Any advice most welcome

thanks.

t

NorthernLas

Sorry, I can't answer your questions but ...

If you friend is on benefits community legal advice may be able to help

http://www.communitylegaladvice.org.uk/

Other forum members recommend Mind as they will understand more about your friends condition. http://www.mind.org.uk/help/mind_in_your_area

I would have thought that you need to read the details of the charging order. the ones I have read about are to secure a debt if you don't pay what the court has set (rather than you don't pay at all and the order covers the debt when the house is sold).

Others with more knowledge may be a long to help soon.

timmmers

This is what we don't understand. There has been no amount set by the court. The case was about IF there was a debt at all, and up to the last time in court that seemed not to be the case as my mate has no memory of the sale or that period...he wasn't well then. The judge set no amount even at the last date when the charging order was given, and even said that he'd not have to worry now as the charging order was the final solution. IF he'd been able to pay any kind of instalments the judge wold have set some, would he not?

Personally I wanted to see proof of him signing anything..I suspect a dodgy saleman taking advantage of someone obviously willing to agree to anything..but he had no legal help in court except another friend who went with him and couldn't do too much.

Having shown evidence that he is of a fragile mental state in court, we suspect that the DCA is capitalising on that now to scare him into paying, but it's more likely to put him back in the funny farm .

Waiting the weeks required to obtain even the simplest CAB advice is likely to do the same thing.

t