Illiterate and got a CCJ

knightstyle

So my daughters neighbour has just shown me a bundle of letters unopened and as a result he now has a CCJ. He cannot read or write and I will ring the court on Monday to at least get a monthly payment agreement.
There is no way he could pay the sum or anything to get the CCJ reviewed.
I haven't gone through everything but will spend some time with him on Monday, any advice appreciated.

Car1980

Don't pay anything or arrange repayment. Assuming it's for less than £600 nothing will happen and no bailiffs with attend. So don't rush just yet.

Is he on any benefits?

I would apply to get it set aside, which would be free/reduced fees if so and you don't mind going to court with him.

He would have no mental capacity to enter into a contract (not being rude but that's the legal view). Google it. 

Any evidence of illiteracy would be useful.

Umkomaas

What sort of age is your daughter's neighbour?  Maybe a CCJ won't have much effect for him. 

knightstyle

Thanks, he does not have any money to get this set aside but a lawyer, known to fight these parasites has PM'd me and may take on this case pro bono at no cost to the victim.  So I am seeing how this pans out.
The CCJ does not worry him but I believe court bailiffs could come and take things so best for him to sort it.
I think he is in his 70s and on benefits. I think the CCJ is under £300 but will get more details on Monday.

elsien

Car1980 said:

Don't pay anything or arrange repayment. Assuming it's for less than £600 nothing will happen and no bailiffs with attend. So don't rush just yet.

Is he on any benefits?

I would apply to get it set aside, which would be free/reduced fees if so and you don't mind going to court with him.

He would have no mental capacity to enter into a contract (not being rude but that's the legal view). Google it. 

Any evidence of illiteracy would be useful.

Unless I’ve read your post wrong, I’m not sure about your link between illiteracy and mental capacity. Because it’s very possible to have full capacity around finances while not being able to read.
I’m also wondering on what grounds you feel a set aside could  be done, if the reason for the CJ is him simply not opening his post and asking someone to help him go through it, particularly if he’s managed to be organised enough to get help to apply for benefits? 

Car1980

The claim (assuming we're talking private parking ticket here) is based entirely on a written contract. Nothing to do with finances.

You can't agree to most contracts if you don't have mental capacity. 

With parking set asides it almost certainly will fly, under the court's discretion in CPR 13.3.

Parking CCJs are different because most parking charge notices are unfair right now, so it doesn't take much to convince a judge that your case to defend has prospects of success. That's the bar. Not a high bar to reach v most PPCs..

knightstyle

Well I don't know much about it yet, only that he showed my daughter a paper with a CCJ on it. I will find out more on Monday and go through all the unopened correspondence he has.
I will also find out more about him and his circumstances. 

grassmarket

I would suggest contacting National Debtline (or Citizens Advice). They can advise & even help him apply (on various grounds) to get the CCJ set aside. 

If low income/benefits he may be eligible not to pay the fee.
https://nationaldebtline.org/get-information/guides/setting-aside-a-ccj-ew/

ChirpyChicken

grassmarket said:

I would suggest contacting National Debtline (or Citizens Advice). They can advise & even help him apply (on various grounds) to get the CCJ set aside. 

If low income/benefits he may be eligible not to pay the fee.
https://nationaldebtline.org/get-information/guides/setting-aside-a-ccj-ew/

Sorry but CAB are the worst group to help with parking tickets
They are utterly hopeless

ChirpyChicken

knightstyle said:

Thanks, he does not have any money to get this set aside but a lawyer, known to fight these parasites has PM'd me and may take on this case pro bono at no cost to the victim.  So I am seeing how this pans out.
The CCJ does not worry him but I believe court bailiffs could come and take things so best for him to sort it.
I think he is in his 70s and on benefits. I think the CCJ is under £300 but will get more details on Monday.

Not true
There will be no court bailiffs at all for this amount

grassmarket

ChirpyChicken said:

Sorry but CAB are the worst group to help with parking tickets
They are utterly hopeless

The post is about getting a CCJ set aside - not a parking ticket. Don’t know about CAB, but National Debtline link does specifically say they can help with CCJs