Court papers arrived, I don't know what to do

[Tallullatrotter]

Re: Court papers arrived, I don't know what to do

Received a letter today and don't really know what to do as we don't have a medical report except his discharge from when he was sectioned 2 years ago
Got a court date for september and letter says

Before District Judge Japheth at local courts address
Upon the courtbeing concerned reguarding the Defendant's capacity, given the contents of the defence

IT IS ORDERED THAT
1. The matter be listed for a directions on ** September 2016
2. The Defendant must file a medical report dealing with his mental health issues no later than 2 days prior to the hearing
3. Permission to parties to apply to vary this order in days

[PAWS]

Re: Court papers arrived, I don't know what to do

just giving this a bump for you -I am sure our resident angel, [MENTION=55034]nemesis45[/MENTION] will be able to help when he gets a second.
Px

[nemesis45]

Re: Court papers arrived, I don't know what to do

just giving this a bump for you -I am sure our resident angel, @nemesis45 will be able to help when he gets a second.:madgrin::madgrin:
Px

:spy: me????

[nemesis45]

Re: Court papers arrived, I don't know what to do

Received a letter today and don't really know what to do as we don't have a medical report except his discharge from when he was sectioned 2 years ago
Got a court date for september and letter says

Before District Judge Japheth at local courts address
Upon the courtbeing concerned reguarding the Defendant's capacity, given the contents of the defence

IT IS ORDERED THAT
1. The matter be listed for a directions on ** September 2016
2. The Defendant must file a medical report dealing with his mental health issues no later than 2 days prior to the hearing
3. Permission to parties to apply to vary this order in days

Good morning,

Ok the judge wants to hear all about the " capacity " plea so you will need to get a statement from his GP and or consultant regarding his ability to cope with things like a court hearing so he/she can decide how the case goes forward.

Is the " capacity" plea also to cover capability to open and management financial accounts??

nem

[Tallullatrotter]

Re: Court papers arrived, I don't know what to do

Thank you, I will contact his consultant, his mental capacity is ok, he knows what is going on but I think it's probably because he said he wants me to act on his behalf because after his breakdown and sectioning he gets confused now but he's on his anti-depressants he's stable. I don't think he would try and harm himself again but he's getting very anxious about actually going to the courts. When this was taken out 17 years ago there was no problem at all

[nemesis45]

Re: Court papers arrived, I don't know what to do

[QUOTE=Tallullatrotter;664750]Thank you, I will contact his consultant, his mental capacity is ok, he knows what is going on but I think it's probably because he said he wants me to act on his behalf because after his breakdown and sectioning he gets confused now but he's on his anti-depressants he's stable. I don't think he would try and harm himself again but he's getting very anxious about actually going to the courts. When this was taken out 17 years ago there was no problem at all[/QUOTE

This clearly shows how much a life can change when mental health fails!
If he is getting stressed over the mere prospect of having to go to court he will obviously not be able to cope (imo) with the actuality of a hearing, so it's going to need the consultant and or GP to refer to his
" current " state of health and the prospective consequences of his appearing in court as well as the historic mental health record.

nem

[Tallullatrotter]

Re: Court papers arrived, I don't know what to do

Bit of an update and need some advice please
Roger has had another breakdown and admitted to the mental health hospital last week, not sure how long he will be in. The doctors have said they will give me a report for the courts for next week
Had a letter a couple of weeks ago about our complaint saying the £1 postal order couldn't be returned as it had to be cashed by named party (it was blank) and they won't take it off his account
Had a letter today about a discontinuance, saying we still owe it but they are taking no further court action at this time,

I've phoned the courts but they haven't had anything from HC so should I go to the courts next week on Roger's behalf

[Amethyst]

Re: Court papers arrived, I don't know what to do

Give it a couple days - maybe Monday - and check with the court again. You shouldn't need to attend and that should be the end of it now. Sorry to hear things have gone downhill - have you actually informed Lowell of the health difficulties - he is vulnerable and they do take notice - letting them know should put paid to future letters chasing for this amount , as they could exacerbate stress.

[Tallullatrotter]

Re: Court papers arrived, I don't know what to do

A while back in the defence I let them & the courts know I would be dealing with his case on his behalf because of his previous breakdown which is why there was to be a hearing next week to see if he was competent and why they wanted a medical report. This breakdown I've seen coming for over a month but it's taken me that long to get the mental health team to listen to me and it was only when he's gone into a full psychotic breakdown (hearing voices, seeing things, accusing me of allsorts) that they listened to me. Last time they diagnosis severe depression with psychosis so I think it will be the same this time but at least this time I managed to get him into the unit before another suicide attempt

[Tallullatrotter]

Re: Court papers arrived, I don't know what to do

The court finally confirmed they have had notice of discontinuance so that's good news but can anyone now advise how to get the £1 postal order taken off the account. I sent them a letter a few months ago to CEO saying it was written on for statutory fee only and we did not acknowledge the debt but received a letter back from solicitors saying it had to be cashed by named person (it was blank) and they won't remove it. This account should now be statutory barred as it's over 6 years but not if this payment stays on file.

[des8]

Re: Court papers arrived, I don't know what to do

Solicitor lies!
If postal order is returned to sender it can be taken back to post office with receipt issued on purchase and a refund will be given