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Hi, this is my first post on CAG. There's so much info on here that I'm sure my question has already been answered, but goes.

A close friend of mine has been hammered by the banks over the last 5 or 6 years, she's a small shop-keeper, and at last I've talked her into going after her bank charges that have kept her close to going bust for so long.

She has asked me to do everything for her and wants me to act in her place. You know what some people are like with authority figures, like banks!!

How do we go about informing the bank and the courts, if it gets that far, that I'll be acting as her agent? Do we need an affidavit or just a letter stating that I'm representing her.

In the meantime the letters for the bank charges have been sent to the three banks in question and we're waiting for replies.

Hope someone knows what the procedure is. Thanks:confused:

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At court you can be a lay representative and present the case on her behalf (she must be present too|) or be a 'Mckenzie's friend' and be present to advise her but cannot address the court yourself.

 

It's extremely unlikely ever to get that far and in the meantime by all means help her, but make sure letters are signed by her.

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Thanks Michael,

I think just getting her to sign the letters for now is the best bet. I the unlikely event (I hope) that it gets into court we'll have to have another look at it.

Cheers

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Hi - just clicking in on this, as I'm also doing the same for my elderly in-laws. As Michael says, a court hearing is unlikely, but we must be prepared. If you go out without a hat, chances are it'll rain !!

 

I intend to write to the court asking them what the procedure is for this, as I believe that it is best to get them to supply whatever forms/info etc. themselves beforehand. That way, there should be no nasty surprises if you ask them at the last minute.

 

Michael - am I right in assuming that the N1 form should in this case be signed by the rep as "Litigation Friend" ?

 

And is the claimant invariably obliged to attend, albeit as a silent observer ?

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Michael - am I right in assuming that the N1 form should in this case be signed by the rep as "Litigation Friend" ?

 

I think a 'Litigation Friend' is someone representing a child or patient ie someone basically incapable of representing themselves and therefore would sign documents on their behalf.

 

Whereas a 'lay representative' is someone nominated by the claimant, who would rather not present the the case themselves. I assume in this instance documents should be signed by the claimant

 

But I don't know the procedure for having that person recognised by the court. Would be interested to know.

And is the claimant invariably obliged to attend, albeit as a silent observer ?

Yes.

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I think a 'Litigation Friend' is someone representing a child or patient ie someone basically incapable of representing themselves and therefore would sign documents on their behalf.

 

Whereas a 'lay representative' is someone nominated by the claimant, who would rather not present the the case themselves. I assume in this instance documents should be signed by the claimant

 

But I don't know the procedure for having that person recognised by the court. Would be interested to know.

 

Yes.

 

Thanks, Michael - yes, I had noticed that "Litigation Friend" representation seemed linked to the Mental Health Act. I'll write to the court and ask them before we go any further with that.

 

Although not pleasant for the timid, elderly claimant, the obligatory attendance seems right and proper. It signifies their agreement with all that is being said and done on their behalf throughout the hearing, and allows them to register objection to anything if necessary.

 

Thanks again, mate.

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