Representation for hearing

[hybrid77]

Hi all,

 

Could somebody tell me how we go about getting someone to represent us in a hearing?

 

We have an ongoing case with x- big bank -x, very complicated (misrepresentation, missold PPI, unfair relationship, no credit agreement blah blah blah ... dodgy employee who wanted to line her own pockets). Another application notice and directions hearing yesterday, and whilst both the judge and their paralegal were on our side, it made me realise I'm not cut out for standing up in court and arguing a case, even though I can do it on paper and when I practice. If it was a small amount, I'd go ahead, but this is a claim for £11k, counterclaim of £14k (fast track). On paper we can't lose, but in court I might mess up.

 

Legal aid isn't an option (we get DLA for our son, disability premium on tax credits takes our income to high). Local CAB are a waste of time

 

Do we just contact local solicitors? (we don't need any paperwork doing, just someone to read through and stand up in court for us). Haven't a clue where to start looking. The final hearing isn't until next January ('fast' track LOL)

Edited August 25, 2011 by hybrid77

[andydd]

Surely just look in your local yellow pages or ask friends for recommendations.Are you the claimant ?.............Andy

I think you may find that a local solicitor would instruct counsel (i,.e a Barrister to actually be in court), which is rather pricey.

[hybrid77]

We're defending, but the counterclaim is bigger than their claim. I don't want to lose just because I fall to pieces in court

I've never dealt with solicitors before, is there a special term for someone lower down than a barrister but who does a similar thing? I sound really thick, I know:sad: They had a paralegal yesterday, is that what we need? It's set for a 1 day trial

I did ok yesterday and got my points across (our 2 applications got through, their application for wasted costs didn't, so I suppose we won), but the judge tried tangling me up (in a good way, to let me know what we're in for) and their paralegal rescued me a few times (can't expect that on the big day)

 

Thanks

[andydd]

EErr..Dunno much about trams for legal represntives I'M AFRAID...I was in similar situation (I was applicant) and it would of been fast track too, but recently defendant has agreed to settle for reasonaBle sum so Ive accepted that which now means no trial . Ive been in small claims ones before and fast track does sound rather daunting but I was prepared to go it alone without solicitor, but rather glad I didnt have to.Andy

[hybrid77]

We'd be happy to settle, their £11k cancel our £14k and we'll lose £3k, but they won't move an inch. PPI added when OH had no income (his loan) and they won't even move on that. The wheels of the big machine are in motion, and they want their pound of flesh ... their paralegal wondered if they'd bothered to read the defence!

 

The fast track doesn't seem to be any different to small claims (been in small claims before) ... same judges, same room, it's the huge amount of money (huge to us anyway) at stake that niggles at the back of your mind. If it was next week I'd just jump in and get on with it, but I'm going to stress about it for the next 6 months which will make me even worse

[jackieandwayne]

Don't fret about not being able to do it - I'm having to go to Court today to help a mentally ill friend keep his home. And we've engaged a solicitor with "higher rights" because I cannot do this for my friend - far too complex and like you I'm afraid i would mess it up for him.

 

I'm not sure what those "higher rights" mean exactly, and perhaps one of our experts could explain, but it maybe that this is the sort of solicitor you need.

 

Good luck, you have plenty of time to find someone.

[hybrid77]

Thanks Jackie and Wayne, it gives me a phrase to search for that might get rid of the 10 zillion no win no fee results.

 

Good luck with your hearing today.

 

A woman in court yesterday before us was in there for a minimal amount of rent arrears. Her housing benefit is 75p a week short ... felt like paying it for her.

[andydd]

Its a different room in my local court, I think more of an actual court room as opposed to small claims which are basically just held in judges offices, the judge also poijted out they'd have their wigs on as if that might be initimadting or something, seems a strange comment, I mean if people find the wigs intimadating (an issue that has been bought up before when cases involve children) than thats a good reason to get rid of them !........................Just a though as its a PPI type claim, is there not someone willing to take it on on a no win-no fee basis ?Andy

[Ganymede]

Don't fret about not being able to do it - I'm having to go to Court today to help a mentally ill friend keep his home. And we've engaged a solicitor with "higher rights" because I cannot do this for my friend - far too complex and like you I'm afraid i would mess it up for him.

 

I'm not sure what those "higher rights" mean exactly, and perhaps one of our experts could explain, but it maybe that this is the sort of solicitor you need.

 

Good luck, you have plenty of time to find someone.

 

 

"Higher Rights" is just an additional course a solicitor takes to enable him/her to speak in the higher Court, which is usually the reserve of Counsel.

[hybrid77]

Only a small part of it is PPI ... it's mainly misrepresentation (we've had to be very careful not to get into the realms of fraud). Information commissioner & trading standards would have taken it on, but they issued the claim before we got the proof. It's taken almost 18 months to get the proof through disclosure, needed to go to court yesterday for my customer notes which is the final bit of proof ... they gave me them just before the hearing, then wanted wasted costs for the hearing which was only about the wasted costs. If they'd given me them when we first asked for them over a year ago, we wouldn't have needed the bloomin hearing ... never underestimate how sneaky they can be.

 

Had a look at the 'higher rights' thing and it's something to do with higher courts. Looks like we'll need a solicitor to instruct a barrister.

[hybrid77]

I've had a PM with some info (no dodgy links, it's ok lol), but for the benefit of others, barristers can do 'public access' work. Going to search for public access chambers and see what turns up in my area.

[in cider]

Hi I am in a similar position and I wondered if you found somebody to represent you at the hearing? I would be really interested in your comments.Thanks