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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I was mentally ill in 2012 and was unable to deal with a civil

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I was mentally ill in 2012 and was unable to deal with a civil claim against me. Although I tried to respond the the claim there were errors on my forms e.g. claim number not shown on a page, or request not complied with in time. As a result Judgement was entered in default. The claimant obtained a CCJ against me and now have a possession order on my home.
I do not owe the money and can prove this, but cannot appeal as I am out of time.
I understand that I need to appeal under the Human Rights Act that I was denied the right to a fair trial because of my health at the time.
I have my medical records that show I was being treated fro depression at the time, and on occasions since.
How can I start this process? I am a professional engineer, intelligent and currently in reasonable health.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.Did you ever apply to set aside please?Alex
Customer: replied 1 year ago.
Yes, six months later.At the start of the hearing there was lengthy discussion between judge and claimants solicitor about the merits of bringing the clause usder CPR 6.1 instead of CPR 6.3. They both refered to thick legal volumes and copious amounts of paperwork. When I was eventually allowed to speak I felt that I was not adequately prepared and the application was refused. I have attached a full transcript of this hearing.
Expert:  Ash replied 1 year ago.
Ok - when was this?
Customer: replied 1 year ago.
this was November 2012.
Expert:  Ash replied 1 year ago.
Ok, well its bad news I am afraid. You have 21 days in which to appeal any decision. That means you are over 3 and a half years out of time.You can apply to the Court and appeal out of time. However upon reading the transcript it looks like you applied to set aside when in fact you were seeking relief from an unless order striking out your defence. You made the wrong application.As such you decided to withdraw it by the look of it but did not make another application for relief under CPR 3.9The judge was right, an application under CPR 3.9 must be supported by evidence and you decided to withdraw the application to set aside.So whilst you can appeal, you withdrew the application so I can't see how the Judge got it wrong. You can make an application for relief and to set aside the order, but I think on the basis it has been over 3 years it wont succeed.It appears you made the application, it was wrong and you decided to withdraw it but then have not made an application for relief since.This means you are in difficulty as it has been over 3 years. I would come to a payment arrangement with the creditor as it appears you have just left it too late.I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.Can I clarify anything for you about this today please?Alex
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.If you don't rate then the site does not pay me for the time I have spent answering your question.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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