McKenzie Friend. Ideas, thoughts ,criticisms

[oscar]

Re: McKenzie Friend. Ideas, thoughts ,criticisms

You can ask the Court to allow the McK friend to have a right of audience and you can get leave to allow them to conduct litigation too.

This was set out in the link in the first post i made.

As for other commitments, theres a few changes on the horizon and i may be making a change i dont know, like i said its a play it by ear for now.

Didnt look at the link

Was just something recalled from memory. Seem to remember now they could ask permission etc. Been a while since I had to look it up though

[carol01]

Re: McKenzie Friend. Ideas, thoughts ,criticisms

Over the last few months, i have noted an increased number of people contacting the firm, but being unable to engage the firm to represent them due to the fees.

It is undoubtedly true that for a law firm, there are pretty heavy overheads and as a business, you need to make profit. The problem is that when a person cannot engage the firm, they are left with difficulties as they cannot get advice from places like CAB when dealing with Consumer Credit related matters, they cannot get legal aid, they are left to fight their own corner.

Now, i know that there was a case a few years before i was born, in 1970, called McKenzie v McKenzie , the case was in the Court of Appeal, and it laid down the principles for the McKenzie friend.

The Master of the Rolls handed down some guidance on a McKenzie friend here http://www.familylaw.co.uk/system/up..._July_2010.pdf

So, i may have a solution for people who cannot afford a lawyer.

I have legal qualifications, i hold a diploma in english law from the Open University, i have a Certificate in Legal Studies from the OU, i am a member of the Chartered Institute of Legal Executives, and have passed a number of Ilex courses with very high grades, and i have indemnity insurance upto 1million pounds for professional negligence.

I also have a large amount of experience in litigation, indept knowledge of court procedures, etc, and of course my results from my time with Watsons shows my knowledge of Consumer Credit law.

So, what am i thinking of doing?

Well i am thinking of offering a service as a McKenzie friend, i will charge obviously for the service, but the charge will be vastly less than you would pay a lawyer.

I will be able to advise on all aspects of the case, i will be able to assist in preparing for trial, i will be able to attend court with you (subject to the Courts approval) and if the Court agrees, i may be able to address the Court for you, or assist with the trial.

I will not be able to conduct the litigation, the client would retain control of the case, but i will be able to assist with letter drafting, advice on documents etc.

I am not sure whether i will be doing this for a fixed fee, or per the hour, i guess a lot will depend on what work is involved.

At this stage im just canvassing for opinions on this and to see if its worth doing, as the registration to get this going would be costly, and i want to make sure i am not wasting my time.

i would love this to happen

[carol01]

Re: McKenzie Friend. Ideas, thoughts ,criticisms

and i would be quite happy to donate too to help others

[Miss Muddled]

Re: McKenzie Friend. Ideas, thoughts ,criticisms

Hi Paul

What an amazing idea, Between you Niddy and many others on here, I'm sure a lot of us would be in a very different place by now, this idea just puts the icing on the cake (so to speak).

The fact is a lot of us would/has found it a horrendous experience having to attend court on thier own, feeling degraded and humililated like a piece of crap on someones shoe by the court system and DCA's legal teams and such like.

I am sure a lot of us who could contribute to help others would, this in time could hopefully cripple these scum of the earth bullies.

With you Niddy and co at the helm, think its an amazing idea.

[helmsman]

Re: McKenzie Friend. Ideas, thoughts ,criticisms

Hi Paul

What an amazing idea, Between you Niddy and many others on here, I'm sure a lot of us would be in a very different place by now, this idea just puts the icing on the cake (so to speak).

The fact is a lot of us would/has found it a horrendous experience having to attend court on thier own, feeling degraded and humililated like a piece of crap on someones shoe by the court system and DCA's legal teams and such like.

I am sure a lot of us who could contribute to help others would, this in time could hopefully cripple these scum of the earth bullies.

With you Niddy and co at the helm, think its an amazing idea.

Hi,
As some will know I have used Paul before A £3500 debt gone For just over a £100 I am using Paul and Watsons at the present time for mbna, and has been said before not everyone can afford a solicitor. So whatever you decide will be fantastic count me in.
ps. what a fantastic sight bashing dca solicitor in court with Paul alongside

[Susie]

Re: McKenzie Friend. Ideas, thoughts ,criticisms

Big YES from me and I would most certainly use you, it would make a huge difference and would really bash some of the DCA's back where they belong and I have a feeling they would have no idea who or what would be hitting them as they would be expecting a scared LIP and discover that they were facing one with the equivilent of an army behind them

[SaltnVinegar]

Re: McKenzie Friend. Ideas, thoughts ,criticisms

Paul

I think this is a fantastic idea. I'd have concerns for you in regards to the viewpoint of 'conflicts of interests' with your firm but I'm sure you've thought that through and have it sorted

What else I think it brings to the table is even if you have the confidence to go to court as a LiP there are still so many procedural things to be aware of that would allow a professional lawyer would walk all over you.

Having someone conversant in the procedural areas would prevent this, and I'm sure could also prevent things from getting to court in the first place (or at the least have claims thrown out).

I'm sure theres plenty of judgements obtained purely by default where the claims themselves are defective from a procedure point of view.

Should I ever need such a service (fingers crossed not the case) I would have no hesitation in contacting you for sure!

Best of luck!

SnV

[SXGuy]

Re: McKenzie Friend. Ideas, thoughts ,criticisms

Paul, if you need any advice (free of charge of course) regarding VAT thresholds, registration and submission, more than happy to help.

Sure you are aware but the threshold not only applies to the annual turnover, but 1/12 of your turnover each month also.

Meaning if you go over 6kish in one month, you actually need to be VAT registered.

[Still Waving]

Re: McKenzie Friend. Ideas, thoughts ,criticisms

I'm only approx 1 year into my UE journey Paul, and thus far no major problems have arisen. However there is the possibility that at some point some creditor/DCA will instigate court action. It would then be very useful to have the opportunity for access to more affordable advice and assistance.

I went to court a couple of years ago to appeal a judgment and a subsequent charging order on the house I owned at the time. Although the creditor was not represented at the redetermination hearing I was unsuccessful in overturning the CO. I had not been able to get any useful advice beforehand and felt rather out of my depth. This all took place before I discovered AAD, and I was on a DMP with Payplan at the time. They were a great help (to the creditor, that is).

My experience with that creditor and their tactics and the eventual outcome which left me feeling very bitter is another story, which I'll post about sometime soon.

[greymatter]

Re: McKenzie Friend. Ideas, thoughts ,criticisms

It's a brilliant idea Paul and one that is readily welcome.
Your advice and help is a real strength and I would use your services without hesitation.
Thanks
GM

[jimmy]

Re: McKenzie Friend. Ideas, thoughts ,criticisms

Paul
Have you thought anymore about the details. For example would you give an opinion on an agreement as received and what would be the next stage.
What sort of fee structure

I am sure that lots of people would feel happier with some opinion from a legally trained person and I think Niddy has enough to do running this site.

[Never-In-Doubt]

Re: McKenzie Friend. Ideas, thoughts ,criticisms

Paul
Have you thought anymore about the details. For example would you give an opinion on an agreement as received and what would be the next stage.
What sort of fee structure

I am sure that lots of people would feel happier with some opinion from a legally trained person and I think Niddy has enough to do running this site.

I think you might be missing the point. This is more for when the agreement may be enforceable and/or court proceedings have started.

Niddy does just fine looking at agreements, not got any wrong so far and don't expect to in the future but if you want to pay to be told the same as I'll say that's fine. However it's a wee bit daft, why bother cos ONLY a Judge can deem it irredeemably unenforceable. Neither Paul or myself can

We're not trying to reinvent the wheel. We're looking into methods that offer additional help. That's the thing.

[nanna58]

Re: McKenzie Friend. Ideas, thoughts ,criticisms

Fantastic Paul thumbs up

[Fortman]

Re: McKenzie Friend. Ideas, thoughts ,criticisms

This seems a superb idea to me, and one which would have appeal way beyond this site. So many face trouble in this area and the help just isn't out there. I honestly don't know why nobody has thought about doing this before as a cottage industry off the back of lawyers.

[pezman65]

Re: McKenzie Friend. Ideas, thoughts ,criticisms

Hi Paul, that is a great idea, I would be very happy to be part of this if ever any on mine get to the court stage, many thanks Pezman