Ccj

DAWSON

My mother has quite a lot of debt and one of her creditors (Hillesden Secs) recently took her to court. An instalment order was granted for £103 pm, which she couldn't afford (currently paying £12.96 pm on a debt of £5800),she went back to the court for a redetermination on 1st June, creditor went back on 31st May for a variation to forthwith. hearing was set for 4th July. Mother wrote to court and explained due to cancer treatment she was undergoing couldn't attend. The court then made a judgement in advance of the hearing on 21st June for another instalment order at £12 pm. My mother was delighted at this, but a couple of weeks later received a forthwith judgment through the post. It turned out the judge had ordered the hearing to be vacated for 4th July, but due to court errors this wasn't done and the creditor's solicitor turned up at the hearing and was given a forthwith default judgement, as my mother, of course, wasn't there. Complained to the court and a further hearing was set for 14th Aug, this was heard by a Deputy Judge, very biased toward creditor from the start, and awarded forthwith again. We are obviously v unhappy with this as creditor is now going for a charge on parent's property. I have submitted form to ask for judgement to be set aside, don't know if this will do any good. The other thing is we also requested back in April, details of charges for last six years, creditor cashed cheque, but did not provide info. have written again complaining, insisting the info is given. The debt is probably quite a bit smaller than they are saying, once charges are deducted. Also is is worth at this stage asking for a signed copy of CCA. Thanks for any help, margaret

davek1

one of my creditors too. They favour charging orders which is why they go for forthwith judgements. Good luck with them. They are fairly persistant in their efforts

DAWSON

Hi, thanx for your reply. Have they taken you to court yet, and did they manage to get a charge? My mother has a DMP and pays a fixed amount to all of her creditors each month, so she does try her best to clear them. Do you know if Hillesden are the same company as Associates/Citi?Margaret