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Claiming on behalf of someone else - court?


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Hi all,

 

I am claiming on behalf of my Dad and sister who are based geographically some distance from me.

 

I was going to submit their N1 to the local county court - but will I appear for them as I have a letter of authority signed by them to act on their behalf as far as the bank is concerned i.e. to gain statements, issue LBA etc but what happens when it gets to court?

 

Do they have to travel up in case they have to appear or will I suffice as their representative? If so, what do I have to do?

 

(If not, I could put the court claim in at the court nearest them)

 

Further complication - my sister now lives in Southern Ireland - will this affect her claim?

 

I am sooooooo confused!

 

Any help gratefully appreciated!;)

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Hi MrsMonkey.

 

If the claim is made through an English court, it is subject to English law. Where the parties live has no bearing on it.

 

To act for someone else, you might be advised to get letters of authorisation from them giving you the authorisation to represent them in court. It might be worth including a copy with the N.1 form.

 

It should not present any problems.

 

Regards, Rooster.

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Hi Michael and Rooster,

 

Thanks for the advice but which one of you is right?

 

I have official letters of authority (forms supplied by Lloyds TSB) signed and dated by my dad and sister, photocopies of which I'm enclosing for all correspondence with the bank

 

Will these suffice for the Court - and do they need to be present? Michael, you think yes but Rooster you don't think this will present a problem.

 

Is the likelihood of getting to court a real possibility - reading around it seems that this is as remote as getting struck by lightening!

 

Thanks again!;)

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Unless a claimant is represented by a solicitor or the claimant is a patient or a child (ie someone incapable of representing themselves, then the claimant must be present at all hearings. You can represent them as a Lay Representative.

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Thanks Michael - my sister and my Dad are both capable so it looks like they'd have to be present.

 

My sister will have to fly over from Ireland and my Dad from Wales though - extra costs.

 

Do you know the likelihood of a hearing actually taking place? At least I can then warn them in advance. The cost of travel may well exceed the charges they are trying to claim so they may decide to abandon it for the hassle.

 

Oh well - I was only trying to help them!!

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