I see that Josh has opted out and so I will try to assist you.
Even in the judgement is set aside on the basis that you did not get the
papers, there is likely to be another hearing where you would be able to put
your case to defend the bank's action. At that court case, you will either win
or lose and if you lose, you get a judgement.
If your defence is that you were mentally ill and therefore unable to make
the payment, because (your words) your "mind was elsewhere" then it is highly
likely that unless you have a psychiatric report that confirms that you were no
longer aware of the nature or the quality of your actions, the chances are that
your defence will fail substantially.
Just because you were mentally ill at that time does not absolve you of
paying the debt and even if the judge accepts your illness, I do not think it
would provide you with a valid defence.
In addition to the above, I am not altogether certain what further
information you need.
I appreciate that this is not the answer you wanted but I'm afraid the
family I cannot give you the answer you want because that would be misleading
If you want me to say "yes, mental incapacity is a wonderful defence, go
for it and you will winning court" I can say that. However when you get to
court you might be just a little bit disappointed
Can I assist further?
Please bear with me today because I will be online and off-line .
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