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Need help making a claim in the small claims court

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  • Supersonos
    Supersonos Posts: 1,080 Forumite
    1,000 Posts Third Anniversary Name Dropper
    So your gripe is that someone who isn't a qualified lawyer and who didn't hold themselves out to be one didn't provide the same level of legal services as an actual lawyer? Good luck with that.
    And they're again looking for cheap/free legal help by coming on here asking for someone to help with the small claims forms.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    So your gripe is that someone who isn't a qualified lawyer and who didn't hold themselves out to be one didn't provide the same level of legal services as an actual lawyer? Good luck with that.
    And they're again looking for cheap/free legal help by coming on here asking for someone to help with the small claims forms.
    Let's hope they don't sue us.
  • surveyor
    surveyor Posts: 10 Forumite
    Tenth Anniversary First Post Combo Breaker
    So your gripe is that someone who isn't a qualified lawyer and who didn't hold themselves out to be one didn't provide the same level of legal services as an actual lawyer? Good luck with that.
    And they're again looking for cheap/free legal help by coming on here asking for someone to help with the small claims forms.
    1- Clearly I did not say I wanted free advice
    2- These forums are for people who want to ask questions and those who want to answer them. What are you doing here?
    3- I asked for people in the know to respond, not somebody who hasn't got a clue and just wanted to come here top provoke
    4- I paid that person for the service they advertised so yes, I have a right to ask for my money back.
  • surveyor
    surveyor Posts: 10 Forumite
    Tenth Anniversary First Post Combo Breaker
    So your gripe is that someone who isn't a qualified lawyer and who didn't hold themselves out to be one didn't provide the same level of legal services as an actual lawyer? Good luck with that.
    I clearly said I wanted advice from people in the know. You clearly do not even know what a McKenzie friend does. Why are you even answering to my post?
  • surveyor
    surveyor Posts: 10 Forumite
    Tenth Anniversary First Post Combo Breaker
    davidmcn said:
    So your gripe is that someone who isn't a qualified lawyer and who didn't hold themselves out to be one didn't provide the same level of legal services as an actual lawyer? Good luck with that.
    And they're again looking for cheap/free legal help by coming on here asking for someone to help with the small claims forms.
    Let's hope they don't sue us.
    Why would I sue somebody who is clueless like you? You have made no contribution. What kind of people are in these forums? People who are bored with the lockdown?
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    surveyor said:
    So your gripe is that someone who isn't a qualified lawyer and who didn't hold themselves out to be one didn't provide the same level of legal services as an actual lawyer? Good luck with that.
    And they're again looking for cheap/free legal help by coming on here asking for someone to help with the small claims forms.
    Clearly I did not say I wanted free advice
    It's implicit, given that the forum's rules prohibit touting professional services.
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    surveyor said:
    So your gripe is that someone who isn't a qualified lawyer and who didn't hold themselves out to be one didn't provide the same level of legal services as an actual lawyer? Good luck with that.
    I clearly said I wanted advice from people in the know. You clearly do not even know what a McKenzie friend does. Why are you even answering to my post?
    The same could be said of you ... I linked what a McKenzie Friend entails in an earlier post. It is not paid-for legal advice ... it's merely assistance and prompting whilst in court. Whether you wished to recompense the MF is an entirely separate matter.

    Did you have a written contract with the MF that defined their responsibilities in relation to the remuneration? If not then any claim you may have against them is likely to be difficult to prove, even on the balance of probabilities.
  • steampowered
    steampowered Posts: 6,176 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    To be fair to the Op, there was a minor scandal to do with McKenzie friends recently (see https://www.bbc.co.uk/news/uk-38912378). There were examples a number of examples of unquailified and clueless people seeking payment to help people with court cases under the guide of being a McKenzie friends, and then getting it hopelessly wrong.

    The proper role of a McKenzie friend is really just to provide a bit of moral support and accompany you to support. Traditionally they wouldn't be providing legal advice or doing court bundles, as doing that properly needs proper legal training.

    I think a case like this it really depends as to what the McKenzie friend promised to do, and what they held their skills out as being.

    If the McKenzie friend just agreed to do what they'd do traditionally, no chance of suing them. If they held themselves out as having particular legal skills and you paid them to provide those skills, then there might be a chance of suing them for negligence (but not sure worth pursuing that for the sake of £700).
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    Hence why I asked:
    DoaM said:
    Did you have a written contract with the MF that defined their responsibilities in relation to the remuneration? If not then any claim you may have against them is likely to be difficult to prove, even on the balance of probabilities.
    :)
  • surveyor
    surveyor Posts: 10 Forumite
    Tenth Anniversary First Post Combo Breaker
    davidmcn said:
    surveyor said:
    So your gripe is that someone who isn't a qualified lawyer and who didn't hold themselves out to be one didn't provide the same level of legal services as an actual lawyer? Good luck with that.
    And they're again looking for cheap/free legal help by coming on here asking for someone to help with the small claims forms.
    Clearly I did not say I wanted free advice
    It's implicit, given that the forum's rules prohibit touting professional services.
    Well in that case why are you complaining? Duh!
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