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Representing my Wife due to illness ?

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  • Representing my Wife due to illness ?

    My wife and I are due to attend the county court soon to defend a claim brought by a debt collection 'portfolio' who claim to have been assigned the debt from the principle, although we had no notice of any assignment.
    As her husband I was intending to assist in the defence on her behalf (Mckenzie friend ?) as she suffers from the effects of her cancer treatments over the past few years, so is not in the best of physical and mental health and is of (can I say advancing years)?
    The alleged debt is relevant with her condition as we had previously been in contact with the principle and believed the balance had been written off by the principle under payment protection insurance when she had to stop work.
    There are other extenuating circumstances behind what evidence we had hoped to present.
    The big problem I have is that my wife is now too unwell to attend and I understand I cannot just 'go it alone' on her behalf. She tells me to forget it and let them do their worst as we have more pressing things to worry about, but I think this is such an injustice we should be able to at least fight it.
    Any suggestions ?
    Tags: None

  • #2
    Best off luck. I am not experienced enough to offer any meaningful advice.though.**

    Amethyst*

    Comment


    • #3
      Choices:
      1) paper hearing
      2) employ solicitor
      3) Apply for adjournment due to ill health, supported by doctor's letter
      You would need to copy in the claimant

      Comment


      • #4
        Originally posted by des8 View Post
        Choices:
        1) paper hearing
        2) employ solicitor
        3) Apply for adjournment due to ill health, supported by doctor's letter
        You would need to copy in the claimant
        Thanks for taking the time to reply, but there isn't the time to get a Doctors letter. If we could afford a solicitor we would have employed one. What is a paper hearing?

        Comment


        • #5
          Paper hearing is one where the judge reads the submissions from both sides and comes to a decision on the written without hearing from either party.
          It means you cannot examine the other parties evidence.

          If the hearing is soon you should notify the court and the other party as soon as possible that due to illness you cannot attend, and to avoid delays you are prepared to allow the case to be decided by the court without an oral hearing.

          Comment


          • #6
            Example notification here -*https://legalbeagles.info/forums/for...vance-at-least
            We may not win by protesting, but if we don't protest we will lose. If we stand up to them, there is always a chance we will win. Hetty Bower

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

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

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            Comment


            • #7
              Despite being within 7 days it is really worth letting court know and getting as much of your argument in in writing before the hearing ( as per above link) *- remember to copy anything to the claimant as well.

              Regarding the actual case - have you got all your data from the original creditor particularly relating to the PPI ? It sounds like a complaint should be made whatever happens with the court claim.
              We may not win by protesting, but if we don't protest we will lose. If we stand up to them, there is always a chance we will win. Hetty Bower

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

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

              If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

              Find Solicitors offering fixed fees on our sister site - JustBeagle.com

              Comment


              • #8
                Yes it is within 7 days so can't really comply with earlier suggestion of paper hearing. I intended to accompany my wife as I thought it was always better to turn up when you are defending yourself. My daughter was originally dealing with this but she recently died in a car accident and I can't find the paperwork that she had. I believe the stuff I needed was in the car with her when she died.
                The police were holding on to all property in the car as the accident is part of an on-going investigation against the other driver, and we have been supporting that investigation as much as we can. We didn't want to push them to return any property as its all too painful for us. They have however recently released some paperwork that was in the car, but its not what we have been looking for. They say some property may have been located in a part of the vehicle that is inaccessible due to extensive damage.
                I intended to show this evidence or at least explain these circumstances and see how the cards fall.
                We are still scraping each other off the floor somedays and could do without this rubbish.
                I'm thinking to now drop a letter in to the court office asking for permission to put this before the judge in her absence, and I'll turn up on the day.

                Comment


                • #9
                  Originally posted by Calden View Post
                  Yes it is within 7 days so can't really comply with earlier suggestion of paper hearing. I intended to accompany my wife as I thought it was always better to turn up when you are defending yourself. My daughter was originally dealing with this but she recently died in a car accident and I can't find the paperwork that she had. I believe the stuff I needed was in the car with her when she died.
                  The police were holding on to all property in the car as the accident is part of an on-going investigation against the other driver, and we have been supporting that investigation as much as we can. We didn't want to push them to return any property as its all too painful for us. They have however recently released some paperwork that was in the car, but its not what we have been looking for. They say some property may have been located in a part of the vehicle that is inaccessible due to extensive damage.
                  I intended to show this evidence or at least explain these circumstances and see how the cards fall.
                  We are still scraping each other off the floor somedays and could do without this rubbish.
                  I'm thinking to now drop a letter in to the court office asking for permission to put this before the judge in her absence, and I'll turn up on the day.
                  You can get a letter from the doctor tomorrow if you wanted & no offence you can get any paperwork from the police within a day or two. Documents travelling in your daughters car have no relevance to their investigations.
                  If you do write a letter & turn up on the day then I suggest you turn up with her prescription meds, a printout of what they are to treat from the NHS website & a patient summery report that you can print off the internet from your doctors website. The court will not just take your word for it.

                  Comment

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