CCJ for my husband from Lowell Portfolio (Plusnet?) husband has dementia and terminal illness

[blue01by]

As per the above. Husband has had a ccj in his name through LowellPortfolio. I believe this is from Plus net ( broadband) who came to install their services about 6 or so years ago but the cable wouldnt reach in the living room and they never came back and installed anything so we had never been provided with any services as nothing had been connected.

So husband has Dementia ( diagnosed 2016) and also now diagnosed with a lung disease (fibrosis) that is terminal and he is on long term oxygen.

I need to try and challenge this ccj - any help please?

[AndyOrch]

Has a CCJ already or just been served with a claim ?

 

Andy

[blue01by]

already served  he has  a judgment for claimant ( in default ) letter

[AndyOrch]

Any particular reason why you didn't defend the claim ?

[blue01by]

We literally had no paperwork through at all about it, not one thing. My husband doesn't get mail as everything we do is now in my name as he has dementia , the CCJ is in his name this is the only letter I we have had that is addressed to him since 2017 a year after he was diagnosed with dementia

[AndyOrch]

And you have not changed address since he got involved with Plus Net ?

[blue01by]

No we've been at the same address for about 14 years, I think this goes back more than 5 years I cant remember the date but I am pretty sure its at least 6 or 7 years , they came to fit the equipment for broadband and phone and couldn't connect as they needed more cable, they left and never came back, after weeks and months of chasing ( in the meantime got another provider) we heard nothing, no bills no demands nothing until this CCJ turned up

[AndyOrch]

Okay thanks.

 

So you appear to have a valid defence and therefore will need to set a side the CCJ, You will have to make an application to the court using form N244 the fee is an eye watering £275 which you can claim back should you go on to successfully set a side and defend the claim.

 

If you are exempt from fees the fee will be nil. 

 

Alternatively you can ring and speak to the judgment claimant LowellPortfolio and inform them of the above and request that they agree to a set a side by consent either way if they refuse you will be making that application.

 

Once you have made the application the court will inform you of a hearing date in which you can present your side of the claim.

 

Okay so far ?

 

 

 

.

 

[blue01by]

Thank you, If I speak to the claimant Lowell can they make this be paid due to my husbands health conditions, his lung fibrosis is terminal and he also has dementia , is there any thing in law etc about the mental or physical state of a defendant - I'm presuming there's no leniency, I literally have enough on my plate at the moment without having to be put through this 

[mantis shrimp]

I agree [with Andyorch - I was typing this as you posted]. 

 

Please note that an application to set aside a judgment needs to be made promptly after you become aware of it. In making your application you will need to explain enough to show that your husband has a defence to the claim that has a realistic chance of success. 

 

I appreciate that you really do not need this now. However, it does not look likely to go away, and you can bet that if you do not deal with it now, you will be dealing with it at a time that is much worse for you. 

Edited January 27, 2022 by mantis shrimp
clarify

[blue01by]

thank you

[AndyOrch]

Come back when your ready to submit the n244 and we will check the wording and completion and what legislation you will refer and rely upon.

[AndyOrch]

13 minutes ago, blue01by said:

Thank you, If I speak to the claimant Lowell can they make this be paid due to my husbands health conditions, his lung fibrosis is terminal and he also has dementia , is there any thing in law etc about the mental or physical state of a defendant - I'm presuming there's no leniency, I literally have enough on my plate at the moment without having to be put through this 

 

I'm afraid that is irrelevant to the claimant or the court....unfortunately.

[blue01by]

Brilliant thank you I will pop back on , I have downloaded the N244 form and now need to draft my wording , I will come back to get it checked with you guys

[AndyOrch]

Click the here> N244 it will automatically take you to the link and your can complete it on your screen....looks far more professional than hand written

[blue01by]

perfect thank you

[stu007]

Hi

 

Could I just ask as your Husband has Dementia and you are dealing with his affairs do you have Power of Attorney (PoA) in place and the Original Document that is Registered with the Office of the Public Guardian?

 

If so you will need that PoA Original Document when you apply for the N244 as mentioned