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JimLawyer
JimLawyer, Solicitor
Category: Employment Law
Satisfied Customers: 6545
Experience:  Senior Associate Solicitor
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Please, I hope you can help me. I am carer dependant. I’ve

Customer Question

Hi. Please, I hope you can help me. I am carer dependant. I’ve had a dispute going on for approx 4 years with a care company called helping hands, under the umbrella of midshires care. The carers coming to me me were inexperienced and poorly trained. They wore non uniform torn clothes and personal hygiene was appalling. I was dropped twice from my hoist and injured, many things in my home were broken and damaged. They would turn up hours late or not at all so I had to call my daughter out of college or her part time work. When they pulled out, they charged fir a months care though they only worked 2 weeks of that month. Carers are supposed to make a log of every call, those logs go to the managers who read and follow up any issues. Despite asking several times for accident firms, none were provided. Despite ringing and emails constantly, it took months before I saw the area manager. She witnessed some of the damage but I hadn’t kept the torn clothes. After that visit, I got the standard letter of them following their procedure so nothing else would be done. The outstanding invoice was put into the hands of a solicitor whom I have contacted on se real occasions, and left messages with them yesterday and today. Whilst I understand they can not discuss this with me, I just requested that they ask their client to respond to the many emails sent and phone calls made. I have never had any response from them. Yesterday I re rives a court judgement stating that if I didn’t pay the full amount by 4th December, they would take personal action against me. I am confined to a wheelchair with multiple sclerosis and housebound without help. I am in absolute turmoil. I am funded fit my care, now by the health authorities but was funded then by social services. I have contacted them and await their response. I am so stressed, why would I be personally help responsible? The agency knew I was funded by the local authority although I manage the account. Thank you. Shirley Salter.
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Customer: Lawyer
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Submitted: 12 days ago.
Category: Employment Law
Expert:  JimLawyer replied 12 days ago.

Hello, this is Jim and I am a dual-qualified lawyer (UK and Republic of Ireland) and happy to help you today.

Sorry to hear of the situation. There is now an urgency to apply to set aside the court judgment (the CCJ) and to defend their claim. I will set out how you do this in my next message.

Expert:  JimLawyer replied 12 days ago.

You would be the person benefiting from the care and the funding, so the court judgment looks like it was made against you directly. The local authority simply fund the care so the claimant is correct in pursuing you.

For as long as the CCJ is in place, and remains unpaid then the claimant can enforce with bailiffs. It also stays on your credit record for up to 6 years. As such it needs to be set aside.

To set aside the CCJ you need the N244 form and a witness statement with a draft order. I attach copies of those which you can tailor to your specific case. With the witness statement, if you want to refer to any evidence such as email correspondence, letters and so on, you can do that and attach them to the statement.

You will need 3 copies of the bundle (N244, statement, draft order) and a covering letter to the court with a fee of £255 payable to HMCTS. If you are on low income or have low savings (or in receipt of benefits) you can ask the court for a fee exemption - so instead of sending payment you enclose a completed form EX160 (copy attached).

You can specify a telephone hearing and you ask the judge for an order that the CCJ is set aside. Assuming they agree to that, it comes off the credit record and you will be allowed to either defend the claim if the debt is disputed or alternatively pay what you owe (the local authority should pay) and there would be no mark on the credit record.

If you have not received any court details (you need the claim number for the purpose of the N244) then you can check the CCJ details at http://www.trustonline.org.uk )

If you want to do the application and send me a copy to check, I would be happy to do that. Bear in mind the court expects these applications to be made promptly. If you want an advocate to do the hearing for you, you can use http://www.lpc-law.co.uk who would charge around £250-£350 and the fee is recoverable from the claimant if your application succeeds.

I would go with the advocate as if your application succeeds (and I think it will) then their fee is recoverable from the other side - in addition to the £255 application fee.

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button at the top of your screen to do this), I can answer follow up Q&A's at no extra charge and Just Answer will credit me for helping you today.

Many thanks,

Jim


Customer: replied 12 days ago.
Hi. I’ve already contacted to court and am awaiting those forms
Expert:  JimLawyer replied 12 days ago.

OK, thanks. Is there anything else I can help with in the meantime?.

Expert:  JimLawyer replied 10 days ago.

Good morning, if you could please leave a rating and click “submit” I would be very grateful.

Or if you can confirm whether I answered the question to your satisfaction.

Many thanks,

Jim