Ive been sloppy - will i lose my cases?

[muggz]

Hi guys,

 

Im wondering if you can help me.

 

I started off to claims for my dad, who cant speak english very well and has been charged countless times on his personal and business account.

 

I started off two claims to get these charges back, i had already claimed back on my own account so i was familiar of the actions that needed to be taken. However this time around things had changed, such as the AQ not longer being needed. This completely threw me as i didnt refer back to this site so i didnt submit anything else until i got the allocation of case to small claims track (hearing). I have just sent off the witness statement by Gary H on this page

I didnt send the account T&C's as the link didnt work on that page, however i did sent the orton letter, and Schedule of charges and the pages from the OFT and that was it. I sent a copy to [problem] and the court with a cover letter simply saying

 

Dear court manager,

 

Here are the documents i intend to submit in my case, please let me know if there are any problems.

 

kind regards,

 

Ive got this horrible feeling that it will go to court and my dad wont be able to represent himself and im not sure what else i can do. If ive done everything correctly i can sleep well. But worst comes to the worst how can i represent my dad?

 

thanks for your help people

[donbracho]

hello there i thought the same thing about my girlfriends case which was due in the Mercantile Court in Leeds this Thursday gone.

You are allowed to be your Dads "LAY REPRESENTATIVE" if you ring the court and explain then put it in a letter addressed to the Court manager iyt should be fine.

[muggz]

thanks donbracho,

So all i do is write to the court and say, I am represent my dad and then get my dad to sign it?

 

so what do you think my chances are of them settling before the case?

[donbracho]

hey up mate well kinda you say something like this ....

Court Manager

xxxxxxxxxxxx

wherever court is

 

Date

 

Dear Sir or Madam,

 

Case No: xxxxxxx

Due for xxx At xxxxxx Court

 

I request permission to take a lay representative to the hearing to speak on my behalf.

 

My reasons for this are on the basis that if the claim goes forward on the Small Claim's track, there is specific provision for the claimant to take along a 'lay representative' to speak on their behalf.

 

He is my father and in the small claims notes for guidance HMCS Booklet EX307 page 9 it says it is allowed with the courts permission.

 

His name is xxxxxx and lives at xxxxxx

 

Yours faithfully

 

 

[muggz]

Thanks don,

 

Does anyone else think ive done enough or will it go to court? cheers

M

[GuidoT]

For the avoidance of any doubt, your father must still attend the hearing.

 

It is unlikely you will end up in court, they are likely to settle before then.

 

Who do you particulars of claim say, are they from this site?

[Isiris]

Or in the alternative you could have your Dad sign a Power of Attorney for you to act for him. I believe he wouldnt need to be present

[Russjo]

Sorry to hijack, but I am handling claims for nearly every member of my immediate family, would I also be able to act as a lay representative or does there need to be a specific reason to do this?

[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.

[Isiris]

MB

 

Can you advise on this.

 

The Courts and Legal Services Act 1990

 

Section 27 covers the Right of Audience

 

27.—(1) The question whether a person has a right of audience before a court, or in relation to any proceedings, shall be determined solely in accordance with the provisions of this Part.

 

(2) A person shall have a right of audience before a court in relation to any proceedings only in the following cases—

• (a) where—
  • (i) he has a right of audience before that court in relation to those proceedings granted by the appropriate authorised body; and
  • (ii) that body's qualification regulations and rules of conduct have been approved for the purposes of this section, in relation to the granting of that right;

• (b) where paragraph (a) does not apply but he has a right of audience before that court in relation to those proceedings granted by or under any enactment;

I ask this as I am claiming my mums charges on a Lloyds TSB credit card after I won already for her on another account. I have a power of attorney on her account and was advised by her solicitor that I would, if necessary be able to stand without her presence

[Russjo]

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.

 

Fab, thanks Michael

[muggz]

For the avoidance of any doubt, your father must still attend the hearing.

 

It is unlikely you will end up in court, they are likely to settle before then.

 

Who do you particulars of claim say, are they from this site?

 

Hi Guido T, the notice of allocation asked for:

 

The trial has been allocated to the small claims track

 

Small claims trial directions are annexed (not sure what this means)

 

Each party shall deliver to every other party and to the court office copies of all documents (including any experts report)

 

Signed statements setting out the evidence of all witnesses on whom each party intends to rely shall be prepared and included in the documents mentioned. THis includs the evidence of the parties themselves and of any other witness, weat5her or not he is going to come to court to give evidence.

 

The particulars of the claim which i put into Moneyclaim online was cut and pasted from this site. The only thing i have sent since then is a witness statement, orton letter, SOC and OFT reports to the court and to [problem]. what do you think? thanks for your input

[muggz]

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.

 

 

I will go for the Lay representative, i have made the claim under my father and all documents are from him. But im not sure he has signed them all before i sent them . I will get him to sign the Lay representative letter to the court however.

[Michael Browne]

I ask this as I am claiming my mums charges on a Lloyds TSB credit card after I won already for her on another account. I have a power of attorney on her account and was advised by her solicitor that I would, if necessary be able to stand without her presence

 

That's quite likely, but you would still need to apply for the courts permission. I don't think the mere existence of a PoA, would give you the automatic right to represent her without her presence. You would have to state the reason why she can't be present.

 

PRACTICE DIRECTION – SMALL CLAIMS TRACK - This Practice Direction supplements CPR Part 27

[muggz]

ok im sending what donbracho said today. anyone got any ideas on post #12 on this topic? im worried that i havent done enough and i have 2 more days left if i need to submit anything else than what i said in the above post

 

cheers guys

[GuidoT]

You need to issue a bundle, see this thread:

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

[muggz]

Oh so was the witness statement the wrong thing to send?

[GuidoT]

The statement forms part of the bundle, please read the thread linked to in post 16 above.

[muggz]

oh i didnt know that. Ive sent the witness statement, soc, ofton letter and oft report already.

 

my claim is The small claims track 'standard directions' - do you think im able to submit the court bundle on top of what ive already sent? what is the witness statement for as it requires the same docs? will that be enough on its own?

[muggz]

and i dont have any of the letters they have sent me!!!!

[GuidoT]

I presume you were not ordered to send the witness statement, soc etc prior sending them.

 

On that basis I would ignore them and re-send together with the documentation as the court directions and issue a complete bundle as the link in post 16 above.

[muggz]

this is what i got on my hearing letter

 

The trial has been allocated to the small claims track

 

Small claims trial directions are annexed (not sure what this means)

 

Each party shall deliver to every other party and to the court office copies of all documents (including any experts report)

 

Signed statements setting out the evidence of all witnesses on whom each party intends to rely shall be prepared and included in the documents mentioned. THis includs the evidence of the parties themselves and of any other witness, weat5her or not he is going to come to court to give evidence.

 

It does ask for witness evidence above doesnt it?

[muggz]

guys the last day to send stuff in was yesterday...im done for! will the witness statement be enough? can i still send in my bungle and lay representative request?

[muggz]

is telling the court about the lay representative have the '14 days before the court date' deadline?

[muggz]

I presume you were not ordered to send the witness statement, soc etc prior sending them.

 

Any ideas Guidot? or gary h?