Excel & Elms CC Claim - Abuse of process

Jackobi

Thank you and will be calm now, really appreciate your patience. Just stressful when your constantly googling words 🥺. Will go over Newbies thread.

So am I right to do the following?

Fill in Certificate of Suitability and the Certificate of Service and get that sent to the court.

Now do i still have to amend the AOS? Signed in as mum but clicked ‘A Litigation Friend’ and signed my own name.

MothballsWallet

Jackobi said:

Thank you and will be calm now, really appreciate your patience. Just stressful when your constantly googling words 🥺. Will go over Newbies thread.

So am I right to do the following?

Fill in Certificate of Suitability and the Certificate of Service and get that sent to the court.

Now do i still have to amend the AOS? Signed in as mum but clicked ‘A Litigation Friend’ and signed my own name.

Yes, you still need to get the AOS amended - remember, your mum is the Defendant (D), not you - you are just a lay rep or McKenzie Friend assisting her, so everything must be signed & submitted by her (you may assist her with it but she also needs to understand as best as she can what is being said and why because she will be questionned at the hearing).

Coupon-mad

So am I right to do the following?
Fill in Certificate of Suitability and the Certificate of Service and get that sent to the court.

No, you are NOT acting as her litigation friend; she doesn't need one.  Please, could you just email the court IN HER NAME, saying that she acknowledges the claim and realises that her son did it for her but the claim is certainly acknowledged and will be defended by her (not you).

This isn't hard, people do this for their elderly parents all the time, in the parents' name.  You can do the donkey work of course, you can type every email, you can type up the defence - but SHE signs it.  Her name not yours, goes on it all.

If they don't discontinue before the hearing (which is common!) then she and you must attend together and you can then speak as her 'lay representative' - without asking for any permission - but ONLY if she is also on the phone for the hearing, which won't be in person at any court.

Redx

Jackobi said:

So am I right to do the following?

1) Fill in Certificate of Suitability and the Certificate of Service and get that sent to the court.

2) ow do i still have to amend the AOS? Signed in as mum but clicked ‘A Litigation Friend’ and signed my own name.

1) no , definitely not

2) yes , but by emailing the CCBCAQ like I already told you to do , not on MCOL

You are emailing a new AOS signed by mum , to replace the errors caused previously by your actions

There is not one item done in your name unless you have a Legal document to manage her affairs , a power of attorney if you will

Being a good Samaritan is a tightrope , especially in litigation

Given her health issues and age you should get her name off that V5C asap , she doesn't need the hassle

Jackobi

Thank you so much guys for the advice! Clearly lost without this forum. 

I will amend the AOS and get on with the defence and come back.

Redx - Your totally right about the V5C I hadn’t thought about it but your right. 

Oh and I’m a girl by the way 😉

Umkomaas

Oh and I’m a girl by the way 😉

So hard to tell in a text-based forum!

bargepole

Jackobi said:

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. 

I think the advice you are getting on here is WRONG.

Your mother clearly lacks the capacity to deal with this herself, and it is right and proper for you to act as her Litigation Frirnd.

Do NOT send another AOS, instead complete for N235 (certificate of suitability of litigation friend) and send that off to the CCBC.

That way, you can deal with all the paperwork, and stand in her place at the hearing.

Snakes_Belly

I know that this is not helpful but I think that it is such a shame that you did not come to this forum earlier. 

It sounds as if the car park may have had issues with demarcation. I have seen this before with this PPC.  

I do understand that sometimes it is easier to get the monkey off your back however this is how these companies operate. They prey on the vulnerable and Excel is a particularly nasty example. 

With the help on this forum you should be able to deal with this. 

How did you pay by the way? Was it by credit card?

Jackobi

Thank you, I did the usual ignored the letters and then panicked when the LBC arrived. Yes I wish I had done my research earlier, I know better now.

I did a bank transfer to Elms Legal with the claim reference as instructed on the LBC. I didn’t get any confirmation but then again I didn’t pay the £160 only £100.

Snakes_Belly

Jackobi said:

Thank you, I did the usual ignored the letters and then panicked when the LBC arrived. Yes I wish I had done my research earlier, I know better now.

I did a bank transfer to Elms Legal with the claim reference as instructed on the LBC. I didn’t get any confirmation but then again I didn’t pay the £160 only £100.

If you had paid by credit card I would have been tempted to do a charge back. Probably not the best advice but in the light of the fact that they have not deducted the £100.00 from the claim I think that it would have been justified although it would have mudded the waters.