Disabled Person Defence

[camdenpete]

I am certified Severe Vision Impaired and a Protected Person within the meaning of the Equality Act. This is the result of the onset of a neuro-genetic illness (called Huntington's Chorea); however, my cognitive functions are intact. I am able to correspond using Computer Assisted Technology.

I am eligible for certain non-means tested benefits (called Personal Independence Payment) that were supposed to commence on Monday 27 February 2017. There is no dispute as to my eligibility and various government workers have visited me, taken copies of medical evidence, and a history ensued of lost records, resubmitted claims, and the like. The quantum owed today is on or about £20K for PIP, plus further amounts of £14K due to shortfall payments in other government benefits.

No surprise, I lived on credit cards to make up for shortfalls in government payment. I fell behind about 12 months ago. However, I kept my creditors apprised of my disability and financial circumstances.

I checked my credit file today. It appears I missed a court mailing and a judgement (CCJ) has now been recorded against my file. My questions are thus:

1. What action should I take to alert the Court that I wasn't served any papers?

2. It would seem a procedural irregularity will only delay the entry of this CCJ. However, that might give me breathing space as I hope to be employed starting in early November. Is this a valid defence?

3. It appears certain protected persons are not allowed to represent themselves or the court must take certain actions when a protected person is a party to a proceeding. I understand this regulation to apply to individuals with severe mental impairment (IQ of 55) which does not apply to me. I am physically incapable of many things but my mental acuities are fine. Any views on this?

Yes, I would like to file a cross claim against the DWP but I acknowledge that a County Court might not be the court of first instance. All views considered.

Thank you.

[jaguarsuk]

1. You would need to make an application to set aside the judgement pursuant to CPR 13.2 & 13.3 having not received the claim form. You would usually apply with consent to get a cheaper fee, however you should be eligible for fee remission and therefore can just apply straight away. The court require you to be prompt in your application after finding out about a judgement.

2. If successful in setting aside the judgement it will revert to you filing a defence, you're going to need to get some documents from the other side and we'll deal with that once we now if you have been successful. In the mean time if you know who the alleged debt was with before it's come to court you would be wise to send an Subject Access Request Letter to the original creditor as they have 30 days to respond, it'll give you a head start on knowing what documents about this debt exist or don't when dealing with the claimant.

3. You should probably alert the court when filing your application for set aside of your circumstance and limitations that imposes upon you. They will be able to make the reasonable adjustments needed to ensure you can access the hearing.