Advice please on representing the claimant (MCOL)?

[sue wright]

I'm just about to start my on-line claim which I am doing on behalf of my son...and looking at the on line info... I'm not sure whether to make claim in his name ( he's ok with that) or as the online info says ...could be me as the claimant stating I am representative for my son.( he's currently out of the country and will be for some months)

Have progressed all so far in his name...and would probably prefer to do so still..can I register as my son (claimant)? but payment details would be from me so unsure whether can actually do this?

 

More importantly dont know whether this would cause any excuse for hold ups or questions from Lloyds....to stall it

And if it does get to court would be me that is representing him... dont know whether that would present any problem if had his name as claimant?

 

Also, has anyone claimed for time taken to prepare for all this ... is it worth bothering with or just an added complication to getting your money back?....did see some info on this previously but cant recall where it is now... aleady decided not to the pursue the interest other than the 8%.....just galls me that these fat baskets are getting away with so much...!!

Thanks for any advice..

[lancsman]

I would think you will have to get some sort of official form from Lloyds so your son could sign so you can act as your son's representative.

Ring or call in at your son,s branch with him if possible.

Done this over the telephone with some companies to act for my dad.

When i claimed against Lloyds i put all my postage costs.(had receipts)wouldn't do any harm to "log"all the time taken and if it got to court(which it quite possibly could)put a case for that as well.

Bankfodder in the "going to court"bit in the "library"mentioned"explain to the judge what particular hardships you havesuffered as a result of the charges-defaults,loss of home,illness etc you wouldn,t exactly be going to court"inperson"but if you explain to your local court clark your unique situation they would advise on what to put in moneyclaim as well(they were very helpfull to me at any rate)

[lancsman]

P.s. be persistent and follow F.A.Q.templates precisely and you WILL eventually win

I have now twice best of luck.Were is son?Forces?was in R.A.F.

[reload]

What you need is termed as "Power of Attorney" Sue - it allows you to act on behalf of someone else with the County Court system. I believe there is a form granting power of attorney on the HMCS website - I'll have a look later for you. Your son will, however, need to sign it.

[sue wright]

Hi.. thanks for the replys..( Lancsman/Reload) ... my son is now in China teaching.. and I drafted the initial letters to the bank on his behalf ( he signed them).

I suppose he could make the on line claim himself ..then we would only need this power of attorney for me to represent him..if it went to court as it would only come into play then?

Just if i start the claim I will need to get power of attorney first..for the whole claim process and this could take some weeks ..to get it signed....and post back/forth to china not very quick..or reliable...before i begin.

Maybe would be best to get him to make on-line claim and I could pursue power of attorney at same time..just in case? If there's a form on the website he could print it off and sign/send it.. BTW ...is this in addition to a form that may be required from his bank (mentioned by lancsman) or would my son making the claim avoid this as well ...again until court stage..if it got that far.

Many thanks for all your advice....

[reload]

Unfortunately, I believe you MUST be UK resident to file a county court claim. While he might be a British subject, living in China rules that out I'm afraid

 

Not had a chance yet to look for the power of attorney form. Will get back to you, people keep asking me to do things in the meantime - damn work!

[sue wright]

Hi... I already looked at the MCOL site yesterday and I thought that it was possible for him to do that .. even tho my son is temporariliy in China>>still has a 'service' address...

from MCOL - FAQ's>>>>which is why thought would be simpler him doing it>>

 

Q. I live abroad can I still issue a claim

A. Yes. If you have a service address in England or Wales.

[reload]

Ah, ok - I stand corrected

 

Should be fine then - as long as you're able to have the power of attorney ready should it come to the court date and you have to be there in his place.

[lancsman]

best of luck Sue.you still know your stuff Reload.

[sue wright]

Have tonight put in a claim against Lloyds... following the wording as reccommended.. so it will go out tomorrow.

Having stated the amount of charges and interest to date .. on the claim..can someone tell me ...do I now need to send out the list of charges and interest ( spreadsheet) to both Lloyds and Court as I have said will send it again (as it states in template)... do i just send it to Lloyds address and the MCOL address at Northampton with the claim reference ...or do I wait until its acknowledged? thanks

[lancsman]

Would have thought send to Lloyds with claim reference number and note to say you have filed against them.

Although check the F.A.Q.might be better to wait till Lloyds solicitor,s reply to your cliam saying they will defend,which they will.(i,e,who is representing Lloyds,as it could be at the moment 1 of 2 addresses).

Then you can hit them with all the right answers instead of writing twice,as lloyds don,t seem to tell Sechiarri clark and mitchell anything!

Once your actual local court is appointed send them copies of everything you send and everything lloyds send you.

(When i asked the clark they said it would help if i sent everything)

Do check the questions though because its all been done before chuck.Send everything registered and actually check its got to the right person.

best of luck

[sue wright]

thanks..jr....will have a look again at the FAQs....just get bit bog eyed with all the stuff on here..all good stuff tho

[lancsman]

good luck like i said persist and get the timing right youl get results but bear in mind it might get too court....

[reload]

Good stuff Sue. Fingers crossed for you