Loan fraud ccj

Mrsshaz47

I’m really trying to help a mentally disabled man , he was a victim of pay day loan fraud many years ago.
The police at home said it was a civil matter and did no more.
After him taking a mortgage out last year the debt turned back up.
He has come to me for help . However he has ignored all the letters that were going to his mothers address all year . From what I can see he was issued a ccj and fine in may . Finding him guilty in absence .
The debt with fine is now at almost 1000 , the original loan being 200.
I have contacted the loan companies lawyers requesting where the loan was paid too.
They were not helpful and said often a loan is paiid into someone else’s account .
My problem now is that court bailiffs are to turn up at this mans mothers address at any time . He does not live there he is a builders labourer and works away.
However his shoes clothes and post does go there.
He is not able to understand even how to write letters etc .
I’m at a loss here as to what to do to help .
Is it to late to have the baliffs put off.
I can’t see any way of proving it wasn’t him after so long.

Comms69

Mrsshaz47 wrote: »

I’m really trying to help a mentally disabled man , he was a victim of pay day loan fraud many years ago. - Can you explain what this means?
The police at home said it was a civil matter and did no more. - Possibly.
After him taking a mortgage out last year the debt turned back up.
He has come to me for help . However he has ignored all the letters that were going to his mothers address all year . From what I can see he was issued a ccj - by whom? and fine - so he was found guilty of a criminal offence? in may . Finding him guilty in absence . - so there was two court cases??
The debt with fine is now at almost 1000 , the original loan being 200.
I have contacted the loan companies lawyers requesting where the loan was paid too.
They were not helpful and said often a loan is paiid into someone else’s account .
My problem now is that court bailiffs are to turn up at this mans mothers address at any time . He does not live there he is a builders labourer and works away.
However his shoes clothes and post does go there.
He is not able to understand even how to write letters etc .
I’m at a loss here as to what to do to help .
Is it to late to have the baliffs put off.
I can’t see any way of proving it wasn’t him after so long.

You maybe aren't the best person to help him.


The CCJ can be set aside.
But you seem to suggest he's been criminally prosecuted for something as well??

sourcrates

Mrsshaz47 wrote: »

.
The debt with fine is now at almost 1000 , the original loan being 200.
I have contacted the loan companies lawyers requesting where the loan was paid too.

What do you mean by fine ?


Are you referring to added interest and court costs ?


As a pose to magistrates court fines ?

sourcrates

Right, no easy way to do this, but this is what you need to do to help your friend.


(1) Report the fraud to action fraud here :
https://www.actionfraud.police.uk/report_fraud


(2) Obtain court form N245 (application to suspend a warrant) here : https://www.gov.uk/government/publications/form-n245-application-for-suspension-of-a-warrant-and-or-variation-of-an-order


Fill it in, send it off (assume you will have to do this) that will stop any further action.

(3) Fill in court form N244 (application for setaside) there is a fee for this of £255.00 but remission is available (court form EX160) :
https://www.gov.uk/government/publications/form-n244-application-notice


https://www.gov.uk/government/publications/apply-for-help-with-court-and-tribunal-fees


Your friend would need a good reason to have the judgement set aside, it would depend if the court agreed fraud was a good enough reason, its a risk.


(4) write to the original creditor explaining the whole situation from start to Finnish, hopefully they may discontinue.

Mrsshaz47

No he has no criminal record . This is the fine and court charges for not paying .
He will only come to me for help.
He can’t use internet . His bank is the old type pass book thing.
His mom is in her late seventies and I’ve no idea how to stop the baliffs as they won’t talk to me or listen to anyone .

Mrsshaz47

Thankyou for your advice . I doubt he is going to have the money or understand heis got to pay to get the money back.
I have constantly written to the creditors and called them. They just do not listen at all.
I do remember the fraud happening about ten years ago .
It included a Halifax loan, and two or theee pay day loans via the internet . Which the man cannot use .
He doesn’t even know how to use a smart phone .

Mrsshaz47

Sorry yes o mean addd costs and charges not fines.

CakeCrusader

I suggest someone calls the bailiffs and explains that he's a vulnerable adult. This won't cancel the debt or the CCJ, but it will change how they deal with him.
It may be best if you take him to the citizens advice, they can do this for him and they can do everything else too. His creditors are more likely to listen to someone at the CAB, I'm guessing you don't have power of attorney (which is why they are ignoring you). Are you his support worker or social worker? If not, he should have one.



The court don't fine people who are in debt, there are usually costs added to the debt though.

sourcrates

If it was ten years ago then non of the above can really apply now, too much time has passed.

Do as cake crusader suggests, get advice from your local CAB.


Best advice i can give you now is to fill in the N245 i linked too above, that will suspend any further collection activity, and he can make an offer of a small amount to repay the debt, this may cost a fee of £50.



That is about the best outcome to hope for now.

CakeCrusader

sourcrates wrote: »

If it was ten years ago then non of the above advice can really apply now, too much time has passed.

Doesn't it start the clock again if the creditor's been to court and obtained a CCJ after the 6 year statute of limitation (which they will do if there's no defence)?

sourcrates

CakeCrusader wrote: »

Doesn't it start the clock again if the creditor's been to court and obtained a CCJ after the 6 year statute of limitation (which they will do if there's no defence)?

Limitations act no longer applies once legal action has been taken.


Although CCJ`s do not become statute barred, creditors are expected to enforce there rights within 6 years, they would need to go back to court for permission to enforce if 6 years have passed since judgement was granted.

Court may say no.


Difficult scenario when the person cannot act for themselves though.