Can someone else represent you in court?

[Tini]

I have read through all the posts here but am still not absolutely sure what I should do. I have received a Notice of Transfer of Proceedings to my local county court which includes Lloyds' defence, as far as I can gather it's the standard 7 pointer. The bit about the allocation questionnaire has been crossed out. Do I need to do anything or will I just receive a court date? Is it a good idea to give the Court a ring and ask them what I should do, will this speed things up. I am assuming that I do nothing at present and will receive a court date from them next. With regard to the "bundle" I have no intention of going into too much detail, I think if it's too long winded the court may not read the main points. What I'm really asking is should I be doing anything at the moment or just waiting for a court date?

Thanks for any help.

[BARTY]

I have read through all the posts here but am still not absolutely sure what I should do. I have received a Notice of Transfer of Proceedings to my local county court which includes Lloyds' defence, as far as I can gather it's the standard 7 pointer. The bit about the allocation questionnaire has been crossed out. Do I need to do anything or will I just receive a court date? Is it a good idea to give the Court a ring and ask them what I should do, will this speed things up. I am assuming that I do nothing at present and will receive a court date from them next. With regard to the "bundle" I have no intention of going into too much detail, I think if it's too long winded the court may not read the main points. What I'm really asking is should I be doing anything at the moment or just waiting for a court date?

Thanks for any help.

 

Hi

Can you post up your defence, the standard one is a 9 pointer.

Also please start up your own thread and ask any questions on there.

Barty:)

[tillymouse]

I have been completing a claim against Lloyds on behalf of my wife and we now have a court date in August. If we do get to court, I would like to represent my wife as I have a better understanding of the arguments. Is this possible and how do we go about it?

[bwdski]

I have been completing a claim against Lloyds on behalf of my wife and we now have a court date in August. If we do get to court, I would like to represent my wife as I have a better understanding of the arguments. Is this possible and how do we go about it?

 

This is relevant to me too...

hope you get a decent answer soon

 

(I'm also considering a solicitor)

[nicsussex]

It is perfectly possible - in one of three different roles - but can't for the life of me remember where the link is at the moment - will have a look for you

[Michael Browne]

As a Lay Representative, you can present the case in court as long as the claimnat is also present.

 

Or as a ;Mackenzie Friend can be there to advise but not address the court yourself.

 

Your wife can mention this in the AQ or once you get a hearing date write a letter to the court.

 

In theory you don't need to give notice, merely inform the court usher on arrival at court. Permission is at the discretion of the judge, but usually granted

[nicsussex]

Thanks for that Michael

[BARTY]

Thanks Michael, very useful information as usual, I have copied it down as it is a question that comes up quite a bit.

Barty:)

[tillymouse]

Thank you, that's very helpful. We have a court date in August so I will write to the court. Should I also write to SC&M? I am still hoping they will pay up before it reaches court. They have had our bundle for 3 days now.

[hisholinessthepope]

I recently attended a direction hearing with my wife (Mother Teresa) and the judge explained I was a McKenzie friend after I had introduced myself as a litigant friend. The judge did allow me to speak, though we were only in chambers (judges office) and not in the court room.

 

MichaelBrowne - can anyone be a lay representative? That is if you are over 18 and with the claimant's permission and them being also present.

[Michael Browne]

There are three types of representation, other than a solicitor:

 

1.A litigation friend acts on behalf of someone incapable of representing themselves, ie a child or patient. He issues the claim and, in their absence, presents the claim in court on their behalf.

 

2.A lay representative can represent anyone in court as long as the claimant is also present. The claim must be issued in the claimants name and all documents must be signed by the claimant.

 

In theory you don't have to give the court notice, just inform the court usher on arrival at court. But you can always mention this in 'Other Information' in the AQ or send a brief letter to the court once you have a hearing date. Permission is at the discretion of the court, but is usually granted.

 

A lay representative may, on application and with the court’s permission, conduct the case without the claimant being present. But this is extremely rare and there would have to be exceptional circumstances.

 

3.A 'Mackenzie friend' can accompany a claimant and be present to advise him during the hearing, but cannot address the court themselves.

[hisholinessthepope]

Excellent thanks Michael, much appreciated.

[bwdski]

There are three types of representation, other than a solicitor:

 

1.A litigation friend acts on behalf of someone incapable of representing themselves, ie a child or patient. He issues the claim and, in their absence, presents the claim in court on their behalf.

 

2.A lay representative can represent anyone in court as long as the claimant is also present. The claim must be issued in the claimants name and all documents must be signed by the claimant.

 

In theory you don't have to give the court notice, just inform the court usher on arrival at court. But you can always mention this in 'Other Information' in the AQ or send a brief letter to the court once you have a hearing date. Permission is at the discretion of the court, but is usually granted.

 

A lay representative may, on application and with the court’s permission, conduct the case without the claimant being present. But this is extremely rare and there would have to be exceptional circumstances.

 

3.A 'Mackenzie friend' can accompany a claimant and be present to advise him during the hearing, but cannot address the court themselves.

 

So a Mackenzie Friend can talk to the claimant during the process but not the rest of the court? is that right?

[Michael Browne]

So a Mackenzie Friend can talk to the claimant during the process but not the rest of the court?

I think effectively it's the other way round. They are there to give moral support and give advice only if asked by the claimant

[bwdski]

I think effectively it's the other way round. They are there to give moral support and give advice only if asked by the claimant

 

ahh right....

[tanglewood]

I have read the above and have a slight problem. We have submitted the N1 to the court for Halifax on behalf of my son. He is now working abroad and if it goes to court he will not be able to attend. We rang the local County Court and asked if it does get to court would we be able to represent my son and the lady there said we could. Just to get a letter from him giving his permission but looking at the above this could be incorrect? Can anyone help??

[hisholinessthepope]

I don't know tanglewood. And if no one answers why not write to the court with the letter from your son, confirming the telecom conversation with the court clerk and ask if the judge thinks this is ok.

 

It might be his letter would need to be witnessed or worded in a particular manner but if so, hopefully the judge would write back and tell you.

[tillymouse]

Hi everyone,

 

cOuld anyone advise me please? I am claiming back £300 from LTSB and have got as far as being issued with a court date in August. I have submitted my bundle to the court and SC&M. SC&M have until 12th July to submit theirs. Today I have received a letter from SC&M (the first communication I have had from them). I am a bit puzzled by the letter. It says:

 

We have been passed a copy of the proceedings that you have issued against our client in (local) county court. The bank will be defending theseproceedings on the following grounds:

1. The fees that you seek are properly incorporated into your contract with the bank.

2. By making payments...from your account where you have insifficient funds to cover them, you are making a request to the bank for an increased overdraft, which the bank may meet or decline. If it meets your request, you must pay the necessary charges. The issue of penalties only arises as a matter of law, where there has beena breach of contract, and there is no breach of contract here.

looking ahead, a situation whioch gives rise to a dispute is not one the bank wishes to continue. In view of this, you are requested to make contact within 14 days with your local LTSB manager to review your account. A review may be useful to consider whether your current banking arrangements are the most appropraite to your needs.

We await confirmation from the bank that this action has been taken.

 

Is this the usual procedure with SC&M? Does it mean there is something in (or not in) my bundle that has made them do this? Or is it a stalling tactic to delay submitting their bundle?

 

Should I contact my local manager? And what willbe the purpose of the review? I am not bothered about them closing my account as I have another account with another bank, but it is very inconveneient for me to visit them as I have two very small children and no child care. I have had to take them previously (when they last asked me to have a review 2 days before Christmas when I had to struggle in to town with the kids, nowhere to park and no time to do all the Christmas things I needed to do. Just to be told everything was fine Grrr! Anyway, I digress!)

 

I am finding this all very stressful so any advice anyone could give me would be appreciated. I thought as the claim was quite small they would just have paid up by now.

[choppedminx]

I've had the same letter, can't see the point in contacting the manager, they never listen too what WE want

[hatcher56134]

I've just got word for word the same letter, and won't be phoning my local manager. It was his lack of response that got me in this mess in the first place...

[karen654321]

Hiya yes we have the same letter arrived saturday. I cant find anyone with the same letter thats contacted them.. but we wont be phoning either.

thanks

karen

[SusyQ]

Hello,

 

This letter is good news - It is usually sent at the same time as a letter offering settlement - sometimes they get seperated in the post - I would keep your fingers crossed but I wouldn't be suprised if tomorrow you receive a settlement letter

 

The same thing happened to me except both my letters turned up on the same day

 

Good Luck but Im sure this is what is happening with lots of people.

[karen654321]

thanks for that susyq. will keep fingers crossed

 

karen

[specialneeds]

This happened to me too. I contacted the solicitors (SCM)and asked them why i had been sent this letter as i didn't have a clue why i had to contact lloyds. They said that they had sent me a letter already settling up. I didn't have it, but that night i got back home and there it was! This is good news and just sit tight and wait for the settlement letter. They are essentially disorganised which is why things get sent out in the wrong order.

 

I did contact Lloyds and they had no idea why i was calling them and didn't seem to be bothered so i'm not going to chase them on it as i'd prefer to keep my account open until I choose to close it rather than be told by them.

 

Well done!

 

specialneeds

[24nickp]

i had that letter about 2-3 weeks b4 they settled up i didnt do a thing about it! it was my claim against them on my terms 4 my money and wasnt gonna let them order me about!! ur nearly there !!