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Form n181 as defendent

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  • Form n181 as defendent

    Hi

    I am being asked for 23500 pounds for mums nursing fees. It will go down multi track . I am defending the claim on the grounds I signed the contract on behalf of mum. As power of attorney and so am not personally liable. The contract was unfair. The council never supported to assist mum when her money was below 23500 pounds and from July 2018 to January 2019 mum was medically neglected. I have all proof. I need assistance completing n181
    Tags: None

  • #2
    It is likely to be helpful in filling out the N181 if you could post the ( anonymised/redacted) particulars of claim, the contract signed, and your defence.

    Otherwise can you tell us the overall situation please.

    Is their claim actually for £23500? ( just coincidence it's a similar amount to the capital requirement for means testing?)
    Has any action been taken regarding the alleged negligence?
    Is the unpaid amount the carehome fees for the period of the negligence?
    Has your mother passed away?

    Form N181 does look more complicated than it needs to - has the court indicated they expect the claim to be allocated to multi-track ?
    Have there been any disclosure requests from either side?

    If it is looking like multitrack you would be really well advised to get some formal assistance and representation from a solicitor. Have you had any formal advice prior to filing your defence ?

    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    Comment


    • #3
      Hi

      A solicitor guided me through the n181. However suggests to get advice from a medical negligence lawyer. There is a lot more to this. Yes the money owing is since mum was neglected. She is now in a safe place.

      Mum is still alive and their contract is unfair terms. I have been told by 2 solicitors that I am not personally liable for the fees. The council should have stepped in and my husband and I were paying out of our savings which now don't exist. The council stepped in on 1st September 2019 to assist. So have been advised not to get them involved on money from the past yet.

      Disclosure was sent with my defence and they sent some information, some irrelevant. I had some formal advice before filing my defence.

      The court is indicating multi track

      Comment


      • #4
        Great. You shouldn't be personally liable no, I was checking how your mum was as if she had passed the claim should be against her estate rather than you as her personal representative via the POA. I'm glad she's in a safer place now and hopefully getting the level of care she needs.

        Good to hear you have had proper advice on the N181. Have you got agreed directions or just submitted standard directions?

        Yes a medical negligence lawyer sounds look a good idea for that side of things, if payment was withheld because of the negligence then they may advise to pay and reclaim so it would be worth getting advice on that side of things as soon as possible.
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment

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