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6 PCN's and a historic CCJ

1101113151619

Comments

  • Coupon-mad
    Coupon-mad Posts: 153,607 Forumite
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    Yes to all of the above and the timings show this (below) is definitely what happened, especially given that you KNOW from the new resident that they DID return letters:
    "Are we still going on the theory that the reason for their weird timings and not evidencing the trace is that they may have done one trace but we think that the letters were returned by the new owner".
    Definitely - so they KNEW the address was wrong and yet they withheld that info from the D and the court. 
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Yes to all of the above and the timings show this (below) is definitely what happened, especially given that you KNOW from the new resident that they DID return letters:
    "Are we still going on the theory that the reason for their weird timings and not evidencing the trace is that they may have done one trace but we think that the letters were returned by the new owner".
    Definitely - so they KNEW the address was wrong and yet they withheld that info from the D and the court. 
    Thank you. 

    Do you have a direct link for the order for the lay rep? I can't find one exact order for it as one is about 50 pages long!!
  • To add -

    I have found this 

    Representation at a hearing

    3.1 In this paragraph:

    (1) a lawyer means a barrister, a solicitor or a legal executive employed by a solicitor or any other person authorised under the Legal Services Act 2007 to act as a litigator or advocate; and

    (2) a lay representative means any other person.

    3.2

    (1) A party may present his own case at a hearing or a lawyer or lay representative may present it for him.

    (2) The Lay Representatives (Right of Audience) Order 1999 provides that a lay representative may not exercise any right of audience:–

    (a) where his client does not attend the hearing;

    (b) at any stage after judgment; or

    (c) on any appeal brought against any decision made by the district judge in the proceedings.

    (3) However the court, exercising its general discretion to hear anybody, may hear a lay representative even in circumstances excluded by the Order.

    (4) Any of its officers or employees may represent a corporate party.

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    What's wrong with the Lay Representatives (Rights of Audience) Order that you mentioned in your 7:15pm post today?

    It's only a single page. Print it and take it with you.
  • KeithP said:
    What's wrong with the Lay Representatives (Rights of Audience) Order that you mentioned in your 7:15pm post today?

    It's only a single page. Print it and take it with you.
    I didn't post any orders, only of what I needed to print and search for via internet. I did not think what I put was sufficient and that there may of been an order somewhere that looks more, professional. 
  • Yes to all of the above and the timings show this (below) is definitely what happened, especially given that you KNOW from the new resident that they DID return letters:
    "Are we still going on the theory that the reason for their weird timings and not evidencing the trace is that they may have done one trace but we think that the letters were returned by the new owner".
    Definitely - so they KNEW the address was wrong and yet they withheld that info from the D and the court. 
    May be telling a fib with that one, worried the court will go and ask the new resident :smiley:
  • Umkomaas said:
    63realfan said:
    Thank you, working on this today. Wanted to ask, can I help represent my friend in court, kind of like a lay representative? Just worried how hes going to get on in court, even after educating him on everything
    Yes, but be aware that your friend (the Defendant) must attend the court with you. Check out the responsibilities and limitations placed on a Lay Representative via some Google searches, and in particular read the The Lay Representatives (Rights of Audience) Order 1999.  You might also want to look at the differences between a Lay Rep and a McKenzie Friend, as sometimes a Judge will ask you to clarify the particular role you will undertake. 
    Looking back this helped massively. 

    Thank you
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
     63realfan said:
    KeithP said:
    What's wrong with the Lay Representatives (Rights of Audience) Order that you mentioned in your 7:15pm post today?

    It's only a single page. Print it and take it with you.
    I didn't post any orders, only of what I needed to print and search for via internet. I did not think what I put was sufficient and that there may of been an order somewhere that looks more, professional. 

    Really?

    Today at 7:15PM you wrote...
    63realfan said:

    In regards to assisting him as English isn't his first language. I need to take a copy of the Lay Reps (Rights of Audience) Order and to say that I'm his lay rep NOT a Mckenzie friend. If declined, show the copy of the order to the Judge and say ''I have Rights of Audience to speak''. 
    Still, we're past that point now.   :)
  • KeithP said:
     63realfan said:
    KeithP said:
    What's wrong with the Lay Representatives (Rights of Audience) Order that you mentioned in your 7:15pm post today?

    It's only a single page. Print it and take it with you.
    I didn't post any orders, only of what I needed to print and search for via internet. I did not think what I put was sufficient and that there may of been an order somewhere that looks more, professional. 

    Really?

    Today at 7:15PM you wrote...
    63realfan said:

    In regards to assisting him as English isn't his first language. I need to take a copy of the Lay Reps (Rights of Audience) Order and to say that I'm his lay rep NOT a Mckenzie friend. If declined, show the copy of the order to the Judge and say ''I have Rights of Audience to speak''. 
    Still, we're past that point now.   :)
    What I meant was that CM said if she was challenged as a rep, she would show an order to the judge. I just wondered if there was an order I could print just in case that happens as opposed to my draft outlining that I want to be his rep
  • Le_Kirk
    Le_Kirk Posts: 24,757 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    63realfan said:
    What I meant was that CM said if she was challenged as a rep, she would show an order to the judge. I just wondered if there was an order I could print just in case that happens as opposed to my draft outlining that I want to be his rep
    Try this, it is only one page: -
    https://www.legislation.gov.uk/uksi/1999/1225/made
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