Excel & Elms CC Claim - Abuse of process

D_P_Dance

If you think that this solicitor acted inappropriately complain here,

https://www.sra.org.uk/

Umkomaas

D_P_Dance said:

If you think that this solicitor acted inappropriately complain here,


https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/

Wrong copy and paste Deep!

Coupon-mad

Those Particulars of Claim will be easy for the Defendant to deny!

They've used template POC about claiming a parking charge but the parking charge was paid.

KeithP

Despite you saying that you Acknowledged Service of the Claim, I am going to assume, nay hope, you mean that you Acknowledged Service of the Claim in your mother's name. Please confirm.

With a Claim Issue Date of 1st April, and having filed an Acknowledgment of Service in a timely manner, your mother has until 4pm on Tuesday 4th May 2021 to file her Defence.

That's over three weeks away. Plenty of time to produce a Defence, but please don't allow your mother to leave it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Jackobi

Hi everyone really appreciate all your advice! I can confirm I acknowledged the claim in her name. Phew! 

She’s sick and doesn’t understand what’s happening so lots of homework and reading up for me to prepare her defence! 

Jackobi

Im having a panic attack. I’ve just realised I chose the ‘I am a litigation friend’ option on the AOS and signed my name. However I will be acting on her behalf so do I need to fill in the Certificate of Suitability etc? 

Coupon-mad

Only if she is actually incapable for medical reasons (we are not talking 'anxiety'...everyone has that issue when they get a court claim and plenty here suffer from diagnosed anxiety conditions but they defend).   

I am not belittling any mental health or anxiety issue, by the way, I am just saying this is what we hear from people all the time and they all manage it.  She must acknowledge the claim, not you.

Redx

You should email the CCBC in her name , stating that the AOS was done online incorrectly and attach a copy of the signed AOS form in her name , asking them to amend the AOS to reflect that she is defending the claim in her own name. Attach a copy of the claim form as proof of I D under the GDPR law , the DPA

Use the CCBCAQ email address , from her email address

You can assist her as a lay rep or as a McKenzie friend only , Google them

To be clear , you cannot act in her name , you are the personal assistant

And stop making mistakes , good intentions can have serious consequences if mistakes are made , especially in litigation

Jackobi

Argh! Ok sorry 😞 

I should of mentioned that she’s 75, disabled as she can’t walk and is partially deaf. Her English is limited as I act as a translator usually and now her vision is going. 

MothballsWallet

@Jackobi - you need to be calm and don't rush into anything with this, you're now in a field where precision is required.

This is a long, drawn-out, process - made worse by the pandemic - and please remember to provide us with accurate information when asked for.

Also, if you're unsure, check the NEWBIES thread and the forum, then ask on this thread if you're still unsure.