Help needed please - who can act as a representative?

[splendid]

A member of my family has acted successfully as an agent for many people helping with claiming the full amount of GAP insurance. These people have signed documents authorising the family member to act on their behalf writing letters etc.

One company has now written back stating they will only deal with the client and not the agent and as the agent does not hold a legal qualification will not be able to act in court and needs to get a solicitor.

Can someone act on behalf of a client if this is the clients wishes? not in court

Can the agent then act as a mckenzie friend if the matter ends up in court?

I was wondering where i could find information on the above?

Any help on this matter would be much appreciated

[splendid]

Re: Help needed please - who can act as a representative?

Well ive been researching finding conflicting answers - so still no wiser

[Nikolai]

Re: Help needed please - who can act as a representative?

If the agent has appropriate authority to act I see no legal obstacles in the way, at least not as far as writing letters etc is concerned. If matters end up in court, it's a matter for the judge, but generally I found judges amenable to a friend or relative speaking for the litigant as long as the litigant was present in court. This was generally limited to the County Court, and I have no doubt that practices around the country will vary. It also depends on the view of the individual judge. Some welcome being addressed by a person who knows what he or she is on about. Others will accept an agent or representative in the courtroom or chambers but will insist on being addressed by the litigant in person. Traditionally a McKenzie friend does not address the court but sits by the litigant and assists with papers, taking notes and suggesting to the litigant what to say.

[enquirer]

Re: Help needed please - who can act as a representative?

There are three options in court:

(1) Mackenzie friend The friend accompanies and advises, but cannot speak. Normally allowed.

(2) Lay representative Accompanies and may speak. The other person must be present. Normally allowed.

(3) Litigation friend The friend represents and speaks on behalf of. The other person need not be present. Only allowed if the other person is incapable of speaking for themselves (eg child, hospital inpatient, mental problems).

[splendid]

Re: Help needed please - who can act as a representative?

Thank you, much appreciated, so this company cannot refuse to deal with the agent?

[enquirer]

Re: Help needed please - who can act as a representative?

One company has now written back stating they will only deal with the client and not the agent and as the agent does not hold a legal qualification will not be able to act in court and needs to get a solicitor.

As you have seen, this is twaddle. If on the day, you are recognised by the court as a lay representative, they will have no choice in the matter.

Can someone act on behalf of a client if this is the clients wishes? not in court

A solicitor would be an agent, yet he or she would be acceptable. Thus, they contradict themselves. The fact that other companies have not seen this to be a problem, speaks volumes.

[splendid]

Re: Help needed please - who can act as a representative?

Thanks enquirer