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  1. Hello I am suing a builder, without legal representation, so it has been a very steep learning curve! Late November, and most of December 2017 I was ill wilth Flu combined with Shingles - the latter affecting eyesight. I know this was a stress thing. My question really is that documents should have been exchanged on 14th November 2017, i attended Defendant's solicitors (partly to keep my costs down) at the correct time and date and saw defendant's Solicitor's assistant - Solicitor was busy! I duly handed over my information, none forthcoming from the other side. I was not unduly worried as such because I thought perhaps that was how it worked! Around the 5th/6th December I received a large envelope from Defendant's solicitors with paperwork in it, these being the documents that should have been exchanged before. My only real questionable thing about them was a couple of the items included were from MY information, which he did'nt have before my visit to exchange! I received a letter on the 8th December, from the Defendant's Solicitor telling me the case had been "struck out"and enclosing the bill for Defendant's costs! I contacted the CCMCC and was told that I needed to pay £100 to ? (I can't remember the wording). I sent this off, contacted other party's solicitors and told them i had done this. I never knew why it was struck out - only defendant's solicitor told me this. I received a letter from CCMCC saying that the actual cost was £255 (!) so I sent that off. Again speaking to CCMCC it appears that everything is continuing forward so I take it no longer "struck out". Now that I am actually feeling better, I have been able to think things through a little bit more logically, a huge amount of time double checking on the internet - am i too late in requesting this case be "struck out" because of non-compliance by defendant's solicitors? It is entirely my fault that i did not pick up on the "non-compliance" item about exchanging documents - although the more i do think about it, I now believe it was deliberate because i didn't know any better. Any advice would be really welcome
  2. Hi, back in January 2017 i booked online flights to go to Florida from London. When I purchased the flights i thought that i was booking :- - Direct flight from London to Florida - Indirect flight from Florida to London via JFK. When it finally came to the holiday i arrived at LHR to check in only to find that not only was my flight not direct, but, it had a 7 hour stop at Detroit! Clearly i was very unhappy, and want a full refund of my flights. Fortunately at the time of booking the flights online i took a screen shot of the booking (attached image) you can clearly see on the image the the outbound flight appears to be direct, and the inbound flight clearly shows a stop. I have raised a complaint with the travel company who refute my claim. They say that the stop a detroit was a hidden stop for refeuling and that passengers were not supposed to disembark the plane, therefore it was a direct flight. The airline 24hours before the actual flight the changed the schedule, thus my tough luck at 7 hours. My complaint was that the outbound flight should have clearly shown the stop, thereby giving me the opportunity to not book it. I feel that this flight was miss sold and miss represented as i would not have booked 2 indirect flights. The travel company say they sent me the e ticket in july and it was my responsibility to check all was good. I dont agree with this, as in my opinion, i would not have booked the flights in the first place. I did not realise anything was wrong until check in, at which point it was too late to not go ahead. And as i got on the plane, they state i have accepted the goods as sold. Do I have a legitimate court case to claim misselling? Document_001.pdf
  3. Got a PCN from TFL, stopping in the box junction of City rd and Graham rd, not far from Euston. No CCTV , and only 3 pictures ( attached ) 1. My car afterwards on normal piece of road with number plate visible 2 and 3 My car in the box junction stopped behind a bin lorry , you can't actually see my number plates. I lodged the following representation : ********************************** 1) The pictures on the notice do not show my vehicle on the box junction in any CLEARLY IDENTIFIABLE way. The box junction picture merely shows a lorry, with what could be any vehicle behind it, almost completely obscured. This could be any vehicle. Please provide some additional evidence that CLEARLY IDENTIFIES my vehicle committing an offence, otherwise I consider this matter not proven. 2. Representation procedure. Your letter clearly states representations must be made in writing. However when calling your enquiries number on 28th Sept I am informed that representations can be made at this email address. In addition , your operative claims that no written representation was received, despite it being sent first class two days previously. I believe this is a deliberate attempt to obfuscate the appeal process. Please explain these anomalies in a satisfactory way. I attach a copy of the letter you have received ( despite claiming otherwise ). Please acknowledge receipt of this communication immediately, failure to do so will confirm my suspicions of your attempts to impede the appeals process. ***************************************************************** After two weeks I received the reply : "Due to an administration error, your PCN has been cancelled" Moral of the story, it's always worth a representation - it costs nothing, they but the ticket on hold so you can still pay the discount rate if it fails. I'm wondering whether my appeal grounds were 100% valid and this was just a "try on" from TFL, either way, never cough up straight away, that's for sure.
  4. A friend has had a Money Claim but cited with a co-defendant with whom she has not had any business association whatsoever. There were two amounts - one hers and another owed by the co-defendant. Unfortunately she did not enter any defence and has received Default Judgment for both debts, Court Fee and a Solicitor Fee of £100 (no invoice submitted as proof). She now is prepared to admit her debt and offer instalments but needs to disclaim the debt of the other Defendant. What Form needs to be submitted N244 or N245 or both? As she has a very low income she can request a remission of Fees with Form EX180
  5. Hi, I was recently convicted of benefit fraud, during my case my prosecutor kept making personal attacks against me. I made the mistake of letting the court know that I suffer from sever social anxiety and can't handle confrontation. it made me suspicious as to why he would do this when a piece of evidence that he told the judge of how much I had illegitimacy received over the time period of my claim I calculated there was an error in the numbers. When I applied for benefits I let the job center know that I had over the £6000 limit in savings, so if my national insurance contributions had run out there was no way I could have received £70 a week. I tried to tell my solicitor, but because the prosecutor heard me try to tell my solicitor of the error, the prosecutors abuse escalated causing me to turn in ward and not be able to think. I was only latter that I realised that my solicitor had not been provided with this information when I looked through the evidence that was supplied by the investigators. I believe that this infringes on my human rights to a fair trial. This was also not the only problem with my case. When the DWP decided to pass my case on to the crown prosecution service, it took another 10 months before I was called into court to answer charges and have a court date set. It took another 3 months for my trial to happen, but my trial was canceled because the prosecutor had scheduled another trial on that same day that over ran and my trial date was pushed forward another 3 months, when I heard of the error in court my time limit of 13 months to appeal the DWP decision had run out. I have tried to appeal through the tribunals but the judges are not interested in hearing what I have to say and just tell me my time to appeal has run out. Does Social Security Administration Act 1992 s116 (2) apply to my case and could you tell me of any other laws or decision that could help as there as been gross abuse of process. I can no longer find work in the area I am educated in, can you help, my situation has become very desperate. Thanks, suffy
  6. I am needing advice, I am the applicant, I have final hearing , a trial in which I am representing myself. Any tips? In the court of West Australia
  7. ]In a case involving the family, a close relative of mine has almost certainly been unexpectedly included in a elderly relative's Will to the tune of many thousands of pounds. A substantial sum. However, the elderly relative passed away earlier this year, and the sole executor, the only offspring has subsequently delayed the process of probate, to the extent he has not yet made an application. This intelligence is borne out by the online probate registry which as yet is not showing any reference to any application, and therefore no information on the Will. The Executor would have been expecting to inherit the whole estate from his sole surviving parent, and would therefore have been extremely upset when he read the Will to discover that he had not in fact inherited everything. Indeed a sizeable chunk, close to a six fire sum, had been allocated elsewhere. I cannot find any definitive information about this scenario. What happens if the Executor simply declines to register the Will? Does that mean eventually he can claim there was no will/the will was not valid - it is his responsibility as I understand it for him to prove it is valid if there are questions marks ( and it is in his interests to indicate there are); does 'intestacy' rules then kick in, in which case he would stand to gain everything as if the Testator's instructions were set aside. Is there a time period during which an Executor is legally obliged to make the application? I cannot find any reference to this. And finally, is it possible to somehow 'contest' the will, perhaps argue it is invalid ( undue influence etc. or something along similar lines) before it is even necessary to apply for probate, get the Will effectively invalidated, and then claim as the Testaors only immediate relative/offspring of the Testator the inheritance under intestacy provisions? Or, could it be explained that the main assets a property, currently on a leased tenancy cannot be sold until the tenancy is terminated, and that is the reason why the Executor is holding back. I detect a pungent odour of rodent in this current scenario, and that the Executor is cooking something up, but what?
  8. Hi, I was charged with false representation by swapping the price tag at tk maxx, for two accounts. I want to admit to the swap (although wrongly and no intention to fraud, i understand the outcome is that is is still wrong) , but the items are genuinely bought from the shop. For one of the item, I remember there were at least 3-4 pieces displayed when I bought it. But the store prevention officer says they are certain and have given their sworn statement that is the case. I want to plead to guilty, but as some of the details are wrong, do you think i can challenge this? As I did not with intention, taking items from other place and return to TK. If investigated, does TK has photo of identifier for an item by it's brand, or matches the item description or look? Also, my charge says that i made a gain of cash, but i was actually given credit note, as the items were passed 30 days. Thank you so much in advance.
  9. Hello All, I was just wondering if I can authorize one of my friend to work on my tenancy dispute. I am too busy to do this myself and my friend who is not a lawyer is happy to follow the case on my behalf. This includes filing papers in the court on my behalf and negotiating with LL. So my question is "Does the person representing tenant need to have a formal qualification in Law , ie be a Lawyer/Solicitor/Barrister etc". Is there any law dictating who can represent and who cannot? Thanks
  10. Hi, below i have paste information from the Scottish gov. website. If you are thinking of defending a repossession procedure and that you are not able to get legal aid, you cant afford a solicitors, you can get a Lay Representation to speak on your behalf. You can contact the Scottish Shelter to help you. At the moment i am at the early stage with my bank, they are threathening me with calling up notice if i dont pay up debt over £200,000.00 ( 3 accounts ) two account they cannot produce credit agreement documents. This dispute being going on for 6 years. Home Owner and Debtor Protection (Scotland) Act 2010: Guidance on Lay Representation Introduction/Background 1. This guidance relates specifically to section 24E of the Conveyancing and Feudal Reform (Scotland) Act 1970 (the 1970 Act) and section 5F of the Heritable Securities (Scotland) Act 1894 (the 1894 Act), as introduced by the Home Owner and Debtor Protection (Scotland) Act 2010 ("the 2010 Act"), and the Lay Representation in Proceedings relating to Residential Property (Scotland) Order 2010 (the Order), which allow for the lay representation of home owners and entitled residents in court proceedings for possession of residential property (including recall proceedings). 2. In early 2009, in response to the economic downturn and consequent rise in repossessions, the Scottish Government convened a Repossessions Group, as a sub-group of the Debt Action Forum, to consider whether protection for Scottish home owners facing repossession was sufficient. Members of the Group represented a wide range of interested parties, including representatives from the Council of Mortgage Lenders, the Finance and Leasing Association, the Scottish Law Commission, Shelter, Citizens Advice Scotland and the Scottish Legal Aid Board. The Group made a number of recommendations to strengthen protection for home owners, which were taken forward through Part 1 of the Home Owner and Debtor Protection (Scotland) Act 2010, to: require all repossession cases to call in court; require lenders to demonstrate to the court that they have considered reasonable alternatives to repossession; and enable home owners to be represented in court by approved lay representatives. 3. Paragraphs 5.3 to 5.14 of the Repossessions Group Final Report, published in June 2009, recognised that the repossessions process, in particular a court appearance, can be intimidating for home owners faced with repossession. The Group acknowledged that there was a need to improve arrangements for assisting those individuals affected by the formal procedures, including better access to information, but also better access to the full range of appropriate advice and representation providers. It was felt by the Group that there were particular issues about enabling access to representation, and that the existing restrictions on rights of audience exacerbated problems. Individuals who did not qualify for legal aid and could not afford to instruct a solicitor were faced with the prospect of appearing at court as an unrepresented litigant. The Group recognised that non-solicitor advisers were limited in what they could do in such cases, and identified that it would be helpful if experienced providers of lay advice and representation, where appropriate, were allowed to play a larger role in helping unrepresented litigants in the court process. 4. To tackle these issues, the Group recommended that there should be statutory change to enable home owners to have the option of being represented in court by approved lay representatives as well as solicitors. This would make the court process more accessible and encourage more people to take advantage of the legal protection on offer. 5. Section 24E(1) of 1970 Act and section 5F(1) of 1894 Act allow for the debtor or entitled resident to be represented by an approved lay representative in court proceedings in relation to a creditor's application to exercise the remedies available on default by the debtor in respect of a security over residential property, including repossession, (extending to recall proceedings under sections 24D and 5E respectively of those Acts), except in the circumstances which are prescribed by Scottish Ministers. 6. Secondary legislation prescribes those persons and bodies which may approve lay representatives. Those individuals approved as lay representatives will be required to satisfy the Sheriff throughout the proceedings that they are a suitable person to represent the debtor or entitled resident and that they are authorised to do so by that individual. 7. The provisions introduced by the 2010 Act essentially introduce rights of audience for approved lay representatives to defend proceedings related to applications for creditors' remedies on default, including repossession. It should be noted that the Act does not confer an automatic right on debtors and entitled residents to such representation, nor does it mean that an approved lay representative is obliged to participate in all proceedings. Nor can an approved lay representative act for a creditor. 8. This guidance is primarily directed towards those persons or bodies who are prescribed for the purpose of approving lay representatives, but is also relevant for approved lay representatives. The guidance explains the role of a lay representative and the competences expected of an approved lay representative. It is intended to aid prescribed persons or bodies in approving lay representatives. 9. The guidance sets out advice on how prescribed persons or bodies should approach the approval process, and importantly how organisations should seek to manage the provision of lay representation so that the individual client receives appropriate assistance from the appropriate adviser. This may in some instances mean that it is more appropriate for the individual to receive assistance from a solicitor than from a lay representative due to the complexity or the type of case that is involved. What is a Lay Representative 10. Section 24E(3) of the Conveyancing and Feudal Reform (Scotland) Act 1970 , and 5F(3) of the Heritable Securities (Scotland) Act 1894 define a lay representative as an individual, other than an advocate or a solicitor, approved for the purposes of that section by a person or body prescribed, or of a description prescribed by the Scottish Ministers. That definition is filled out by Article 3 of the Order, as set out in paragraph 20 below. The Role of a Lay Representative 11. Previously, in repossession proceedings, there was a limit to what non-solicitor advisors could do. The only individuals with rights of audience to represent and participate in the proceedings were solicitors or advocates. The provisions introduced by the 2010 Act mean that lay representatives also have these rights of audience, so that any debtor or entitled resident involved in these proceedings can have a lay representative acting for them if they so choose. However, prescribed persons or bodies should ensure that approved lay representatives are clear about the extent to which they can and should be acting in any specific case or circumstance. Lay representatives should be clear about the point at which they are not competent to deal with a specific case or a particular aspect or legal process, and should refer cases where appropriate to a solicitor who is skilled and knowledgeable in this area, or to another lay representative with the relevant skills and knowledge either in their organisation or another advice agency. It is expected that lay representatives will not normally charge for their services. 12. Standard 4.3 in Section 1 of the Standards, refers to referral arrangements. It is recommended that approved bodies, whether accredited or not, adopt arrangements such as are envisaged by this standard. If in the opinion of the lay representative the circumstances are such that the individual would benefit from legal advice, they lay representative should consider referring the individual to a solicitor and remind the individual that they may be eligible for legal aid. The lay representative should therefore be familiar with the financial eligibility requirements 1 of legal aid. 13. The legislation defines the term "lay representative" for repossession proceedings, with a view to both protecting the debtor or entitled resident, and to ensuring that court business proceeds smoothly. Only individuals who have the appropriate skills and knowledge to understand the proceedings and to represent individuals effectively may be approved to act as lay representatives. Someone who does not understand the relevant court proceedings or legislation is not equipped to be able to represent the interests of debtors and entitled residents properly in court. 14. Other people such as a friend, spouse or colleague can in some instances attend court proceedings to support individuals but this is distinct from the active role of the statutorily defined lay representative, and they will not have the right to participate in repossession proceedings on behalf of the individual. Satisfying the Sherriff that you are competent to be a lay representative and authorised to do so. 15. Section 24E(2) of the Conveyancing and Feudal Reform (Scotland) Act 1970, and 5F(2) of the Heritable Securities (Scotland) Act 1894 require that an approved lay representative must throughout the proceedings satisfy the Sheriff that: he or she is a suitable person to represent the debtor or entitled resident; and he or she is authorised by the debtor or entitled resident to do so 16. In line with this requirement an approved lay representative will need to be prepared to demonstrate to the Sheriff that they are competent and authorised to appear before the Court as a lay representative. Approving organisations are encouraged to provide their local courts with a list of persons approved by them to act as lay representatives along with letters of confirmation of approval that individual lay representatives can show the Sheriff if required. This should be done in advance of any hearing in order to inform the Sheriff that such individuals are competent to appear in court. 17. It is strongly recommended that approved lay representatives also obtain written confirmation that they are authorised by the debtor or entitled resident to act on their behalf, which can similarly be provided as documentary evidence for the Sheriff if required. 18. Prescribed bodies or persons approving lay representatives should ensure that those individuals approved to act as a lay representative are aware that the Sheriff is responsible for ensuring efficient use of court time. This means if the Sheriff considers that the lay representative is not a suitable person to act on behalf of the debtor or entitled resident, and therefore that it is not in their interests for this person to continue to represent them, then the Sheriff may discharge the lay representative and they would no longer be able to take part in the hearing. 19. Such discharge and any resulting postponement of the proceedings would be extremely inconvenient for all concerned and the costs involved with postponing are likely to fall on the debtor. It is therefore important that approving organisations ensure that all lay representatives approved meet the criteria to demonstrate that they are competent. Prescribed persons or bodies for the purposes of approving lay representatives 20. Individuals can act as lay representatives so long as they are approved as such in accordance with the legislation, and are not barred from acting by virtue of article 12 or 13 of the Order (e.g. as a result of inadequate performance). Article 3 of the Order prescribes those persons or bodies which have the power to approve individuals to undertake lay representation. These are: Organisations with a current entry on the register of advice organisations established and maintained by the Scottish Legal Aid Board; Organisations which have been awarded accreditation at Type III level against the Scottish National Standards for Information and Advice Providers; Local Authorities; and Citizens advice bureaux which are full members of the Scottish Association of Citizens Advice Bureaux - Citizens Advice Scotland. 21. To ensure consistency and high standards, however, it is recommended that all prescribed persons or bodies pay close attention to the Scottish National Standards for Information and Advice Providers, when approving individuals as lay representatives. Scottish National Standards for Information and Advice Providers 22. The Scottish National Standards for Information and Advice Providers (hereafter referred to as 'the Standards') were compiled by the Scottish Government with the assistance of advice providers in the voluntary and statutory sectors. 23. The Standards are a framework for the development of effective and efficient services and were compiled in recognition of the fact that people choose to access information and advice from various s sources. 24. The Standards framework can be used by any advice provider to improve the quality of its advice service. The standards can be found here: http://www.scotland.gov.uk/Publications/2009/10/05112820/02 25. The Standards distinguish between three principal types of advice giving and intervention. These are: Type I - Active information, sign-posting and explanation; Type II - Casework; and Type III - Advocacy, representation and mediation at court or tribunal level. 26. There is a more detailed explanation of the Types given in the Standards manual. 27. The Scottish Government specifically directs prescribed bodies to certain standards within the Scottish National Standards for Information and Advice Providers for the purpose of this guidance, both in respect of organisational standards as well as those which relate to competencies of individuals. Procedure for approval of lay representatives 28. An individual wishing to act as a lay representative will require to make an application to the approving organisation. A person will not be able to make an application to an approving organisation if they have made an application to another organisation which has yet to be determined. 29. The consideration of an application by the approving organisations must have regard to the interests of persons who might seek to be represented by an approved lay representative. 30. The approving organisation's consideration of an application must also involve an assessment of the applicant's: (a) Knowledge and understanding of: (i)) Scottish legislation and common law in so far as they relate to housing and repossession and (ii) Court procedures and rules, specifically in relation to summary applications in the Sheriff Court (b) Competence at constructing and stating a case both orally and in writing © Advocacy skills, in particular in support and representation 31. The key competences that approved organisations will wish to take into account when assessing an individual's suitability for the role of lay representative are set out in more detail in paragraphs 42-51 below. The approving organisation must also obtain an undertaking that the applicant if approved to act as a lay representative will not act as a lay representative in any situation where this would place the applicant in a situation of conflict of interest, and that the applicant will respect client confidentiality. Training requirements 32. As part of the approval process, the approving organisation may provide an applicant with training in order to assist the lay representative to achieve a satisfactory level of knowledge, understanding, competence and skill in the areas outlined in paragraph 30. 33. Moreover, depending on the competency levels of the applicant, the organisation may need to consider an individual's training needs and arrange or provide training before being able to grant approval. Management and monitoring the performance of approved lay representatives 34. Prescribed persons or bodies have the responsibility of approving lay representatives and it is important that they have systems in place which also set out their own criteria for such approval of individuals. Furthermore such persons or bodies should also have organisational arrangements in place for managing the activity as part of their services. 35. It is recommended that prescribed persons or bodies, whether accredited or not, observe the organisational standards in Section 1 from page 9 of the Standards 3. Close attention should be paid to standards 2.1 - 2.6 4 and 4.1 - 4.7 5 in Section 1 of the Standards, with particular regard to delivering a Type III service on mortgage repossession work. 36. It is advisable that prescribed bodies develop an action plan showing how they intend to manage and deliver the particular elements of service delivery that will be carried out under the lay representation provisions. The organisation will need to be able to relate information about competence, training and supervision of staff to the specific category of circumstance that work will be carried out in. 37. The prescribed persons or bodies should put in place a system for monitoring the performance of individuals approved as lay representatives, paying particular attention to any complaints or concerns about their performance as lay representatives raised by Sheriffs, other court staff or clients, investigating any such complaints thoroughly (see paragraph 59). 38. Prescribed persons or bodies should ensure that approved lay representatives are clear about the extent to which they can and should be acting in any specific case or circumstance. They should be familiar with the financial eligibility requirements of legal aid and remind a debtor where appropriate that they may be able to employ a solicitor through legal aid funding. Lay representatives should also be clear about the point at which they are not competent to deal with a specific case or a particular aspect or legal process, and should refer cases where appropriate to a solicitor who is skilled and knowledgeable in this area, or to another lay representative with the relevant skills and knowledge either in their organisation or another advice agency. Standard 4.3 6 in Section 1 of the Standards, refers to referral arrangements. It is recommended that approved bodies, whether accredited or not, adopt arrangements such as are envisaged by this standard. 39. It is recommended that those persons or bodies with the power to approve lay representatives maintain a definitive list of individuals whom they have approved as lay representatives and review appropriately their performance in this capacity. The approval of each representative must specify the sheriff court districts in which they are expected to act, and it is recommended that the list include that information. This does not limit the number of sheriff court districts in which a lay representative can act but it will be for the approving organisation or body to specify these districts as part of the approval process. 40. It is important that prescribed persons or bodies ensure approved lay representatives are consistently meeting the standards recommended within this guidance. 41. If an individual is not meeting these standards, the prescribed person or body should ensure the individual receives training to improve their performance and should suspend the individual's approval until the person or body is satisfied that they are competent to resume acting as a lay representative. If the person or body remains unsatisfied, they must withdraw their approval. Individual competencies relevant for approval as lay representation 42. It is recommended that in approving lay representatives, prescribed persons or bodies should consider whether individuals are capable of meeting the generic competences for advisers, within the Section 2 Competences for Advisers and Agencies of the Standards. 7 43. Prescribed persons or bodies should note that the competences required for accreditation to Type III - Advocacy, Representation and Mediation level will be particularly relevant for work lay representation . 44. Prescribed persons or bodies should consider whether an individual meets the housing specific knowledge competence for Mortgages/Secured Loans in Section 2 of the Standards. 45. The following key recommended competences are relevant to specific activity that will be undertaken in the court setting. These should be considered in addition to the competences set out within the National Standards, where such competences are not explicitly mentioned in the Standards. Key Recommended Competences of a Lay Representative 46. The key competencies which it is recommended an individual should hold before a prescribed body approves them to act as a lay representative are detailed below. 47. These competencies are considered to be particularly relevant and important when judging the suitability of individuals for the role of lay representative. 48. Has impact and credibility as a representative because: has a good knowledge of subject area, particularly mortgage arrears and repossession procedures used by lenders, FSA regulations and good practice relating to the treatment of customers in arrears, including MCOB 13 8, and consumer credit legislation, and in particular relevant Scottish legislation such as the Heritable Securities (Scotland) Act 1894, the Conveyancing and Feudal Reform (Scotland) Act 1970 and the Home Owner and Debtor Protection (Scotland) Act 2010, and the Applications by Creditors (Pre-Action Requirements) (Scotland) Order 2010. has an ability to make links where appropriate with other relevant areas of law retains objectivity has a good understanding of relevant evidence and presents the above in a structured, coherent and persuasive manner both in writing and orally 49. Undertakes legal research effectively researching relevant legislation, common law and case law, government, regulatory and industry guidance and Codes of Practice, policy statements, etc Understanding the importance of collecting and preserving evidence Discussing all options and their consequences with clients objectively and clearly 50. Understands relevant Court rules, protocols and procedures and basic principles of rules and evidence (e.g. hearsay) understands Sheriff Court procedures and possession procedures, including relevant court notices, application procedures and forms understands the procedure involved in conducting a proof understands the role of officers of the court - i.e. sheriff clerks and appropriate behaviour in court, including the importance of not wasting court time with irrelevant, frivolous or theatrical interventions 51. Use their knowledge, understanding and research to identify arguments, defences and remedial strategies in arrears and repossession actions and present these in a clear manner Identifies arguments which support the client's defence and advise on court orders which it may be appropriate to seek Presents these arguments in a structured, coherent and persuasive manner both in writing and orally Understands post-possession order procedures Challenges negative decisions, actions or legal interpretation which may be adverse to clients Demonstrates an ability to 'think on their feet' in a Court/litigation environment Is prepared to pursue a case to a conclusion where competent to do so and where the client wishes to do so, while at all times clearly explaining the consequences of any action to clients, and seeking to negotiate constructive solutions and arrangements with lenders, court staff or other interested parties where feasible. Withdrawal of approval of lay representatives 52. An approving organisation may withdraw any approval it has granted by providing notice to the approved lay representative. 53. The procedure for withdrawal of approval must involve an evaluation by the approving organisation of the approved lay representative's performance, in particular whether the approved lay representative: no longer satisfies the criteria set out in the procedure for approval is performing inadequately and the approving organisation considers that the approved lay representative's performance could not be sufficiently improved by additional support or training; or has acted dishonestly, in breach of client confidentiality, or in a situation of conflict of interest. 54. Where an approved lay representative has been provided with additional support or training and following a further evaluation the approving organisation considers that the approved lay representative cannot perform adequately, the approving organisation must notify the approved lay representative that the approval is withdrawn. 55. An approval of an approved lay representative is deemed to be withdrawn if the organisation which granted the approval ceases to be an approving organisation. Circumstances in which an approved lay representative may not act 56. An approved lay representative may not represent any debtor or entitled resident other than in proceedings where the debtor or entitled resident is a client of an approving organisation, though not necessarily the organisation that approved the lay representative. 57. Where an approved lay representative is performing inadequately and the approving organisation decides not to withdraw approval; and instead to provide additional support or training to improve the performance of that lay representative, the approved lay representative may not represent any debtor or entitled resident until the approving organisation is satisfied that the approved lay representative can perform adequately. Prescribed persons or bodies to provide Scottish Ministers with information 58. Those persons or bodies with the power to approve lay representatives may be required to provide information to Scottish Ministers about lay representatives. 59. Scottish Ministers will not seek to obtain information on individual lay representatives, but it is anticipated that aggregated and anonymised information will be requested from approved organisations, particularly: total number of individuals approved as lay representatives by that organisation the number of lay representatives approved by that organisation over a specified period (for example during the previous year) the range of Sheriff courts in which these lay representatives operate and the number approved to operate in each Sheriff court details of the training provided to lay representatives by approving organisations over a specified period (for example during the previous year) number of lay representatives that have had approval withdrawn over a specified period (for example during the previous year) and the reasons why approval had to be withdrawn Although not required under the Order, it is hoped that approved organisations will nevertheless co-operate, wherever possible, with any other information requests that Scottish Ministers may make for the purpose of monitoring and evaluation, or arranging additional training, awareness raising or other support to ensure an effective lay representation service is available everywhere. For example information might be sought about: the approximate number of cases in which they have provided lay representation for repossession cases the sort of feedback approved organisations have received about client satisfaction levels when they have offered a lay representation service any issues or difficulties (beyond any need to withdraw approval of individual lay representatives) which have arisen in providing a lay representation service, for example an indication of the approximate number of times when they may have had to turn down requests for lay representation and the reasons for having to do so Indemnity Insurance 60. Persons or Bodies with the power to approve lay representatives are strongly recommended to consider the liability of those individuals that they approve, and indeed the liability of the body for the actions of individuals approved by it. Prescribed bodies should refer to Standard 3.9 and 3.11 9 in Section 1 of the Standards and consider their position. They are strongly encouraged to ensure that they have appropriate Indemnity insurance. Complaints procedures 61. Those bodies with the power to approve lay representatives should ensure that they have a complaints procedure in place, for individuals receiving lay representation to use if any problems arise during the process, and that any complaints are investigated thoroughly. (See paragraph 36 above and Standard 3.11 in Section 1 of the Standards) 62. As part of ongoing work to ensure that approved lay representatives are continuing to act at high standards, prescribed persons or bodies should seek regular feedback from users and stakeholders, such as court staff and Sheriffs. (See Standard 3.12 in Section 1 of the Standards) Housing Access and Support Division Scottish Government Yes, its alot of reading. I am doing alot of reading to fight my bank. i am going to represent myself to contest the calling up notice if my bank decide to go down the road issuing me with a calling up notice. The bank's solicitors keep making threats to take me to court (3 letters so far), and Up to now they have not given me clear breakdown of the debt. Just demand the total amount from the 3 accounts that i have with the bank.
  11. Hi All I got a PCN from Civil Enforcement Ltd, to which i sent them a letter refusing their specuilative invoice and also informing them that I wasn't sure of the drivers identity, as many people have access to this vehicle. They have rejected my representation (see below) How should i proceed? should I send a further letter to them or go down the POPLA route. Many Thanks EOS 5D
  12. i was this morning charged under the fraud act of 2006 for fraud by false representation ,first offence, total amount is £23,000. this for selling a car whilst it was on finance, i am to appear in the magristares court at end of month, what are the likely penalties
  13. Happy New Year all! I took out a contract with Tmobile on 6/6/12 - this is a 24 month contract, so as I work out, this contract should end on the 6/5/13, which is 24 months - Tmobile are saying the contract ends on 6/6/14, which I work out to be 25 months. Am I being dense here?? Tmobile also wrote advising me I could get a upgrade early for a discounted £50 and advise me of the phone and price plan I can have - the letter mentions no other costs, so I trot along to their shop, only to be told I have to pay a fee for the handset. I complain - they say basically tough. The small print (v small) states "you may have to pay a fee for the handset. I want to report them for false representation - who do I do this too please??? This is not the forst time TMobile have been dishonest and I want to hit them where it hurts....... Many thanks
  14. I am feeling so down right now, downstairs my family are getting ready to settle down to watch the new "exploitation" programme about people on benefits that is on channel 4 tonight at 9pm. It will most like be yet another show pandering to the outrage of "taxpayers" and will portray those on benefits as lazy chancers. I'm on ESA in the Support group although I have an invisible disability. I live with family and they fluctuate between being supportive and resentful of my situation. I find that they main thing that seems to anger them and others about my not working is that they work in jobs they hate and resent the fact that I don't have to (currently) and there anger does seem to vary depending on what they have been exposed to on the TV or in the paper. I just feel sad and depressed about the whole thing.
  15. Good Afternoon, I wonder if anyone can help, my partner is the claimant in a tribunal claim for unfair dismissal that I have been preparing and mediating for the last year, after one hearing that was postponed (respondents neglect) we are finally back to court next week. I would like to know if I am able to represent my partner in the claim? Also, the respondent has been struck out for not adhering to many court orders. Is it as simple as he cannot speak/input at the hearing? He has sent through a bundle of documents 9 months to late and I am now panicking he knows something I dont (When in actual fact I think he is just scare mongering) I am under the impression that we will be presenting our case and that the judge will then rule? Any advice will be greatly received! Thank you in advance! S =)
  16. Prior to an office move, I advised HR that I could not do heavy work due to extreme nerve pain and for which I was having Neurosurgery for a few weeks later. This was accepted by them but it was lip service only and I ended up going home in agony and increasing my medication(morphine). My husband complained to HR but I have found out that the HR manager shared this email with another member of staff (finance manager and Company Secretary) They have explained this as needed due to a possible payroll adjustment which is not true as I was no where close to this, and they have said that as company secretary she had a right to know as there was a business need. There was no business need and no payroll adjustment on the horizon. Surely there was no need for this member of staff to have sight of an email with sensitive and private information such as medication.
  17. Hello. I have had a bad blow. My welfare worker who has filled out my forms has been drip feeding me information and now I have what I think is all of it I can see I would have made quite different decisions had he been upfront and told me everything in the beginning. I'm now very panicked as he just told me they no longer provide representation. So why did he suggest appealing when he knew I wouldn't be able to do this alone! Anyway I am in desperate need of representation and realise that even if I can find it someone will need time to get familiar with it. Can anyone assist? Also can anyone tell me what happens when you submit appeal papers? What happens with medicals and when will it be:? My thanks for your help. I feel so let down and utterly deceived by this information being witheld and my right to full disclosure violated thus affecting decisions I made.
  18. Hello All, I have started filling out my gl24 form. I am appealing against my esa decision. In the form it asks you who is going to represent you at the tribunal. My question to you all is can you represent yourself in the tribunal? Has, at this moment in time i dont know who is going to represent me. Maybe i can leave this section in the form blank and find someone to represent me at a later date? Interested to hear your thoughts
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