URGENT Help Please - Set aside CCJ from electricity provider

SKS19

Hi, I recently discovered my elderly parent has not dealt with an energy provider this has resulted in a judgement being made as she didn't respond (This was in March 2020). She has now received a notice of enforcement which has caused her to breakdown and is how I have found out. The back story to this is she bought a property in 2015 and basically immediately found out she had cancer and started treatment for this condition and so the property remained shut and nothing has been done with it since. As soon as she found out she set up a direct debit for the standing charges to be taken from her account the company started overcharging her by a lot and so she cancelled the direct debit and requested clarification of this as she believed they had charged her for the previous owners usage too. There have been ongoing conversations in regards to this since. At one point she was hospitalised and went into septic shock so there was no  communication at that point. However following this she has made numerous calls to the company to seek a resolution and following her illness she has suffered with severe anxiety and so she thought if she speaks to the company they would be able to help resolve this matter. In the background they have continued with the court process and I believe she has been in denial about this due to her anxiety (she still thinks she can speak to the company to get this resolved) I have found out about this and would like to have the judgement set aside as she doesn't owe the amount the company are stating however it is now July and a long time has lapsed. Hoping someone would be able to help with this in terms of explaining the delay, would it be acceptable to state that her anxiety has been the reason for this? (The documents have been received at the correct address) Thank you for any help in advance. 

sourcrates

Hi,

Yes the judge has discretion to decide on these matters, for a set aside to be successful, you must meet two criteria.

(1) have good reason why the court papers were not responded too.

(2) must have a defense to the claim.

For (1) the debtors health problems should be sufficiant, for (2) the debtor dis-agrees with the amount owed, so they should qualify on both counts.

A set aside application costs £255.00, although remission on the fee is available for those on low pay or benefits, application must be made using court form N-244, if seeking remission, court form EX-160 should also be filed at the same time.