Does anyone know if a person has the right to use a lay representative in the family division of the county court? the wording of the Lay representatives(right of audience) order 1999 refers to a county court and stage 1 or tier 1 proceedings and Scots law have a form to fill out for such representation but it isnt clear whether the english system has such a clearly defined right of audience. The MoJ mentions it in some discussion papers as though it is hard and fast but in other documents it is McKenzie Friends who are written about as if they are the only people allowed other than sols/barristers.
reason why lay rep needed is they can speak and the other side cant object where with McKenzie friend they cant speak on behalf of claimant/respondent and the other party can object to that person being present- which will happen in this particular case.
Ultimately it may well be a discretionary power of the judge but dont want to start off with a bad step.
It seems as though the solicitoras want to keep hold of this payday and will do anything to churn it ( make money by continuing an action that isnt in the clients interests).
The land registry will have the record of who paid for the property and how so you will be in the clear on that as you didnt just take the place over, you bought it from the estate of the deceased.
now it seems like your mother is struck by regrets/remorse over her inability to take over the property at the time and what tends to happen is that relatives will sit there and say bad things about the person who they see is the beneficiary of their misfortune and then get into a feedback loop, each reinforcing the wrong opinion of the other.
Your attempts to sort things out logically ahs tempered this somewhat so do continue and keep clear of their lawyers at all costs, they will just keep the meter ticking over and bring the negative thought back to the surface.
your parents will already be about 2 grand a day down on anything the sols have done so try and get them to look back to the mess that her father's death left them in and amke it clear that at least the house is still in the family and that she has benefitted from that by receiving money at the time that otherwise she wouldnt have got.
If that still causes friction then I would still write to them rather than responding to the solicitor, the lesson they will learn will cost them less and when the sols have moved on to the next client they will have not lost so much of what they still have left.
Ultimately if they do actually issue proceedings you can ask for the claim to be chucked out as having no merit etc by showing how the place was bought. I do struggle to believe that people dont know who their mortgage was with even after all of this time, same as I find it odd that people suddenly find details for accounts with tens of thousands in that they had forgotten about. You can find out as again it will be in the Land registry entry for most properties that had a mortgage
A claim was issued against you on 30/07/2019
Your acknowledgment of service was submitted on 31/07/2019 at 18:14:49
Your acknowledgment of service was received on 01/08/2019 at 08:05:52
Your defence was submitted on 30/08/2019 at 23:17:46
Your defence was received on 02/09/2019 at 01:06:05
DQ sent to you on 27/09/2019
DQ filed by claimant on 27/09/2019
You filed a DQ on 23/10/2019
Your claim was transferred to BIRMINGHAM on 14/11/2019