Fighting for Refund of Deposit / **SUCCESS**

[citizenB]

As I understand it CB – a McKenzie Friend (or Lay representative as LP says ) can accompany a claimant if they are not legally represented . Usually it’s a silent support with no right to speak , but under certain circumstances this can be granted if applied for before a hearing. (try googling McKenzie Friend and see what you come up with ... )

 

I know ........ take more water with it CB ....... LOL!!

 

Yes, I did the googly a while back, JM.. I must have missed the bit about applying before hand though. Thanks, I will tell the person who is the LiP to make the request.

[johnnymitch]

No problem CB - glad you've got it sorted --------

 

Now - HALLELUYAH!!!! my neighbour has had a cheque in the post this morning - FULL REFUND of his deposit !!!!!!!!!!!

 

The LBA must have done the trick - - they must have realised we were serious ......

 

Thanks to everyone who gave advice on this - it is much appreciated - up the CAGGERS!! :D:D

[citizenB]

No problem CB - glad you've got it sorted --------

 

Now - HALLELUYAH!!!! my neighbour has had a cheque in the post this morning - FULL REFUND of his deposit !!!!!!!!!!!

 

The LBA must have done the trick - - they must have realised we were serious ......

 

Thanks to everyone who gave advice on this - it is much appreciated - up the CAGGERS!! :D:D

 

Excellent news, JM.. I will amend the title to reflect the success. I dont think there is a "General Success" forum.. so you will have to stay put, I'm afraid.

 

[Alphageek]

Good news Jonny! Well done.

[johnnymitch]

Thanks alphageek - a lot of it was down to your advice

 

Thanks for the SUCCESS flag CB - it looks good !!! x

[citizenB]

[legalpickle]

Well done! Rather a shame you didn't have to issue court proceedings though, in my opinion. Interest could've been nice and I always like issuing proceedings against these types of idiots, so they know I mean business!

 

As far as the DSR's go, it's not too relevant. From my reading of the OP's original post, the cancellation letter was sent recorded delivery 2 days after signing the contract, and by all standards they'd have to refund in such an event, as they have eventually realized.

 

And I believe if the appointment is arranged there must be at least 7 days cancellation period.

 

Onto Lay Representative, as has been asked. I think the law is different in Scotland & Northern Ireland, but in England & Wales I've never heard of there being a difficulty or experienced a difficulty.

 

One can write into the court requesting the approval for a Lay Representative to speak on their behalf, but in over 30 cases that I have gone to this has been unnecessary.

 

In accordance with CPR 27 PD 3.2

(PRACTICE DIRECTION – SMALL CLAIMS TRACK - Ministry of Justice)

A Lay Representative can speak for the Claimant or Defendant, providing the party they're speaking for is present at the same hearing. This only applies to final small claims hearing's, but the court can allow it at any other hearing relating to small claims cases, and has been known to.

 

In fast track & multi track cases, this does not apply, but permission may be granted for a Lay Representative to speak on behalf of a party.