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Hi, I am supporting a registered disabled person with his claim. I'm now having sleepless nights worrying that I've messed up as I even have trouble navigating this forum!!! The whole thing is very frightening.

We are at the stage of Allocation to the Small Claims Track (hearing) and the following directions apply: its asking that each party deliver to every other party and the court copies of all documents etc. etc etc (the normal directions)

As this person has a disability whereby his speech is unintelligible and he is profoundly deaf, we need to apply to the court in writing to appoint someone on his behalf. Do we need to copy this to all parties?? I am wondering if the answer is yes, whether it would help to get settlement before the court date as this person really does not want to attend court.

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Sue,

 

Deep breath... (hold)... release.

 

Hope that felt better.

 

I'll help as much as I can.

 

1) His files should be with the doctors, and a GP should write a supporting letter. This is good ammunition. Does he get visits from a Nurse?

 

2) The local benefits office should send someone to assist with his form if he or his carer is having difficulty with it. This should be their duty!

 

3) If you are supporting the person yourself, then you should qualify for carers allowance. Apply asap if you are not.

 

4) If you are caring (I think) for the disabled, they should get attendance allowance also. Apply for this if possible.

 

5) When taking documents to court you need three bundles of paperwork. One copy goes to the other side, one copy for yourself and the other for the judge. For ease of use, stick a contents page on the front and number the pages. On the first page highlight for yourself which pages have which evidence - Judges are usually easier on people representing themselves anyhow.

 

6) He shouldn't have to go to court if he can prove (medically, or otherwise) that he cannot attend. Someone else can attend the court on his behalf and your behalf. Communicate this to the court beforehand, stating your reasons and any documentary proof you have. (Letter from the GP, any benefits he's on, a letter from him if possible, witnessed by someone.

 

7) I am not 100%, but you may just be better off with a power of attorney, a signed document by the disabled saying you have power to deal with matters (specific ones can be mentioned on the document, like "case xxxxxx in such a such court") to deal with these matters as a carer for the disabled.

 

8) Are you claiming in the Small Claims Track? if so, then they should be offering you a settlement. More importantly, if you are claiming, then you are standing up for your rights, and there is nothing to be afraid of. You have a legion of support behind you.

 

10) Are you defending? then only if it's affordable and it doesn't impact your life drastically and put you in financial hardship should you settle, then offer something token (usually £1) that will allow you to carry on with your life.

 

Have you spoken to a solicitor for advice?

 

Mmmm... others will be over soon.

 

Shidoshi

 

"Stare your fear in it's face, and if it stares back... stick you tongue out and laugh!"

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7) I am not 100%, but you may just be better off with a power of attorney, a signed document by the disabled saying you have power to deal with matters (specific ones can be mentioned on the document, like "case xxxxxx in such a such court") to deal with these matters as a carer for the disabled.

 

I'm fairly sure that a power of attorney document is the one you need. I would check with the court first though.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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I you need help with this document you should be able to get it from your local CAB.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Hi Shidoshi

It's just nice to know there is someone out there I can share with.

I understand all your saying about benefits etc. and I am up to speed regarding all this and I understand what you are saying about help from the services. The bank have offered a settlement and this person is happy to accept. It's me really, I know how important the full amount could mean to this person and want the full amount for him. So it's me putting myself under pressure because if I encourage him to go all the way, am worried there is the possible of losing all if the claim has a flaw (got confused over what could and could not be claimed)

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Sue, best advice would be to start your own thread in the forum of the bank you're claiming against.

 

To do this, go to the start page, scroll down the list till you see the name of the bank you're with, click on the bank name and the page will open with all the different threads on. To start yours, go to the New Thread button and click it, it will open a box for you to type in. Give it a title, usually your name v your banks name. This way people who are dealing with the same bank can offer specific advice based on their knowledge.

 

You could also put on that thread all the things you've done so far and then someone will advise if there's anything else you need to do. They also offer terrific support and advice all along the journey.

 

Being disabled myself I understand how awkward things can be but thank god my only problem is with mobililty. It's fantastic that you want to take this all the way for your friend and I'm sure if you stuck out you'd get the full amount but you need specific advice tailored to your bank, so please start a thread and let people help.

 

Welcome to CAg and good luck. :)

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