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  • FIRST POST
    • Flooz
    • By Flooz 7th Jul 17, 9:14 PM
    • 34Posts
    • 3Thanks
    Flooz
    Small claims help please
    • #1
    • 7th Jul 17, 9:14 PM
    Small claims help please 7th Jul 17 at 9:14 PM
    Not quite sure which branch of the forum to ask, so hope this is ok here.

    Hopefully a simple question: I wish to take a matter to the small claims Court, on behalf of my Mum, for who I hold a power of attorney. Should I put the claimant down as me, or my mum?
Page 1
    • unholyangel
    • By unholyangel 7th Jul 17, 9:47 PM
    • 10,996 Posts
    • 8,258 Thanks
    unholyangel
    • #2
    • 7th Jul 17, 9:47 PM
    • #2
    • 7th Jul 17, 9:47 PM
    It would be your mothers I believe - your mother is the legal entity who entered into a contract with them presumably. You are just a proxy for her iyswim? Acting on her behalf rather than instead of her. Just be sure to take your PoA to any hearings if it gets that far.

    For the avoidance of doubt, you could name both yourself & mother as claimants (although I believe MCOL might not permit this) and then (again if it gets as far as a hearing) broach the subject before proceedings get under way.
    Money doesn't solve poverty.....it creates it.
    • Flooz
    • By Flooz 8th Jul 17, 9:31 AM
    • 34 Posts
    • 3 Thanks
    Flooz
    • #3
    • 8th Jul 17, 9:31 AM
    • #3
    • 8th Jul 17, 9:31 AM
    Thank you for your response. I think I'll be doing it online, so I guess if I put "me, on behalf of, my mum" that'll be acceptable?
    • KILL BILL
    • By KILL BILL 9th Jul 17, 12:38 PM
    • 2,077 Posts
    • 1,277 Thanks
    KILL BILL
    • #4
    • 9th Jul 17, 12:38 PM
    • #4
    • 9th Jul 17, 12:38 PM
    the claimant would be your mother who incurred a loss hence the small claims.
    you who are acting on behalf of your mother - should sign the bottom of the form in relation to the statement of truth as litigation friend and you can send a copy of the power of attorney to the court to back this up
    • Airkraft
    • By Airkraft 9th Jul 17, 1:27 PM
    • 12 Posts
    • 6 Thanks
    Airkraft
    • #5
    • 9th Jul 17, 1:27 PM
    • #5
    • 9th Jul 17, 1:27 PM
    Not quite sure which branch of the forum to ask, so hope this is ok here.

    Hopefully a simple question: I wish to take a matter to the small claims Court, on behalf of my Mum, for who I hold a power of attorney. Should I put the claimant down as me, or my mum?
    Originally posted by Flooz
    With the greatest respect, could I suggest you seek the services of an attorney - a legally qualified one - to ensure the calim is correctly filed.

    If you are not sure of even who the claimant is in this matter, I'm not sure you should be taking this claim on on behaf of your mother.

    I'm sure any qualified attorney you instruct will be fully aware of who to put as the claimant, and in the unlikely event they do happen to get that wrong or any other matter of the claim for that matter, your mother could sue them too.
    • unholyangel
    • By unholyangel 9th Jul 17, 3:40 PM
    • 10,996 Posts
    • 8,258 Thanks
    unholyangel
    • #6
    • 9th Jul 17, 3:40 PM
    • #6
    • 9th Jul 17, 3:40 PM
    With the greatest respect, could I suggest you seek the services of an attorney - a legally qualified one - to ensure the calim is correctly filed.

    If you are not sure of even who the claimant is in this matter, I'm not sure you should be taking this claim on on behaf of your mother.

    I'm sure any qualified attorney you instruct will be fully aware of who to put as the claimant, and in the unlikely event they do happen to get that wrong or any other matter of the claim for that matter, your mother could sue them too.
    Originally posted by Airkraft
    Its small claims - they're designed for the layperson as legal costs are irrecoverable (and are at high risk of surpassing the claim amount).

    Also, attorney is a US thing. In the UK we would say lawyer (which is basically a "catch all" term for solicitors and barristers).
    Money doesn't solve poverty.....it creates it.
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