We understand that not everyone can hire a solicitor to represent them in court. Sometimes, you may feel the only option might be to do it yourself.
But doing it alone can be extremely stressful so having someone who can encourage and support you in court can make a big difference.
You may have heard or been approached by “McKenzie Friends”. These are non-solicitors/people who offer legal support services.
The Legal Services Act 2007 and the Solicitors Regulation Authority Prosecutions Department take a dim view of this and intervene. Intervention often involves the Police if they are masquerading as a firm of Solicitors.
The best solution is, therefore, to work with regulated solicitors to avoid any additional, unnecessary stress. As regulated solicitors, we can make the experience easier for you.
Should I use a McKenzie Friend to remove by CCJ?
The short answer is no. You should not use a Mckenzie Friend to remove your CCJ.
Firstly, taking steps in litigation or actions which are ancillary to litigation is a reserved activity. This means only Solicitors and Barristers can act in Court for you.
Unregulated persons are not permitted to offer this service, appear for you at Court, or even write to the Court on your behalf.
Secondly, McKenzie Friends cannot appear for you at Court as they have no rights of audience.
A paid-for McKenzie Friend will often simply draft the letters for you and arrange for you to send these letters off to the Court.
The practical reason for not using a McKenzie Friend to do this is simply that the Court Rules do not permit it.
We would urge you to review the Civil Procedure Rules Part 40.6 to learn more. If you were to apply to Court using a McKenzie Friend for an Order by Consent to remove your CCJ, the Court should not permit this. (The precise rule is 40.6 (2) (b) – none of the parties is a Litigant in Person.)
This means if you apply on your own (or through the McKenzie Friend) for a Consent Order, the Court will not permit the Consent Order. This is because the CPR Rules state that only parties who have proper legal representation can apply for Consent Orders.
This essentially means you will have wasted your money and the Court fee.
Proper representation is using a firm of Solicitors, like ourselves, not a McKenzie Friend or a firm of Paralegals.
Is using a McKenzie Friend or a Paralegal a Waste of Money?
If you were to continue with your Court Application to remove the CCJ using a paid-for McKenzie Friend in fact, the Application that you should make is a contested Application on Form N244 paying a Court fee of £255.00.
Worse is to come because the McKenzie Friend does not have rights of audience. This means they have no right to appear for you at Court when dealing with the Application.
Some McKenzie Friends have managed to gather the contact details of Barristers who take work direct from the public. This is known as direct access.
They, therefore, instruct the Barrister to appear for you. However, you will have to pay the Barrister as well as the McKenzie Friend for their services and this can very often double or triple the original costs.
Barristers charge anywhere between £350.00 and £750.00 to appear for you.
When in doubt, you should always obtain advice and representation from an appropriately qualified, regulated, and insured person.
Can Treadstone Law Solicitors help me?
We understand that going to court is a stressful experience. As a regulated firm of Solicitors, we can make this experience easier for you.
Get in touch with us now if you need help and advice.
Follo this link if you need expert help with removing your CCJ.
