Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
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    Exclamation Wonga.com debt/debt collectors!

    Hi,

    I have read many others have had the same problem so I dont feel alone anymore! Just wanted some advice really.

    Back last june money was running very low and I was looking for a new flat and needed deposit money. I couldnt get a loan so I STUPIDLY got a payday loanicon with Wonga.com/then samedaycash.com.


    I registered with them, got my money and eventually moved flat. Unfortunately I lost my job due to the credit crunch deducting members of staff everywhere. Then a month later I ended up in hospital after I lost my baby dramatically.

    It was until a week ago my mother called to say she had had debt collectorsicon at the door demanding money and left a note saying they would seize her car to pay the debt off if I didnt hand over...

    Although I had changed address with Wonga. They insisted they keep bombarding my family home (I was living there at the time and regsitered under that address) they say they have to go to that address as it was the first one regsitered with them.

    I have absolutely nothing at that home. No belongings...so they would have to take my mothers stuff to repay the debt.

    I called up the solicitors they sent my debt to (Chainey D'mateo and Shannon) and told the lady that I had been in hospital and honestly, completely forgot about the debt. As anybody would...

    I said I could afford repayments of 50 per week. She said they could only agree to this if I gave them £200 immediately. Which I can not do. Therefore they said they will keep collectors going to my parents address.

    I refuse to give them my new address as they will come and take all of my boyfriends belongings and I really dont need any more stress.

    I just want them to agree a payment with me. Why can I not just pay £50 per month?

    I know I got myself into this mess. But I was planning on paying it back on the date it needed repaying...but as I have told you above..I have had a bit of a crisis. It all went to the back of my mind.

    I know I can write them a letter as pasted on another thread.

    But also I cannot seem to find an address for them. Letters that have been sent from Cheiny D'mateo and Shannon Solictors./debt collection agency...do not have their address on them.


    Where do I stand...?

    What can I do?

    I hope they dont go to my parents and take the car.

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  2. #2
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    Default Re: Wonga.com debt/debt collectors!

    Get your mother to send them the following letter;

    Dear xxxx

    Account Ref xxxx

    Please be advised that I will only communicate with you in writing. Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make anappointment and I have no wish to make an appointment with you.

    There is only an implied license under English Common Law for people to be able to visit

    me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

    Yours faithfully,


    Anthrax alert at debt collectors caused by box of doughnuts

    Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

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  3. #3
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    Default Re: Wonga.com debt/debt collectors!

    Send the above to the loan companies. Do not worry, they cannot seize anything without a court order & you're a long way from that just yet.

    Anthrax alert at debt collectors caused by box of doughnuts

    Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

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    Default Re: Wonga.com debt/debt collectors!

    Thanks so much cerberusalert.

    I think I have been panicking too much. Although I have every right to and need to get it sorted now. But I dont feel I need to worry as much about them taking belongings just yet.

    I think as soon as I have come up with an agreement with them. (If they ever do agree) things will be okay.


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    Default Re: Wonga.com debt/debt collectors!

    Yes Hi Kate

    Got your message about your new thread. Just looking over your first post here, and will write more in a mo.

    My first observation is that the advice from cerberusalert is correct.

    IN ORDER FOR YOU TO GET ON TOP OF THIS, YOU NEED TO BE ABLE TO MANAGE THE SITUATION ON YOUR TERMS.

    Therefore you must insist on communicating in WRITING ONLY, and certainly NOT on the dorstep of your or your parents home. phone callsicon and in person visits are finished now.

    When you write, you do so with composure. You will receive all of the help that you need on this site, and you will be able to maintain a record of all correspondence sent and received.

    IF YOU PHONE THEM, YOU WILL FALL FOR THIER TRAPS. NOTHING TO DO WITH HOW ADEPT YOU ARE OR NOT ON THE PHONE. IT IS JUST BECAUSE THEY ARE PROFESSIONALLY TRAINED IN DRAWING OUT RESULTS THAT WORK FOR THEM.

    Let me read some more.......

    Vex

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    Default Re: Wonga.com debt/debt collectors!

    As these people are NOT bailiffs, I'd like to know under what law they are going to come and remove goods in order to repay this debt?

    They have NO RIGHTS at all in paying a visit to any property, yours, parents or wherever. These companies depend heavily on ordinary people not knowing the law. If you let them in and allow them to take things then that's up to you, but it's actually theft! They have no right at all to take anything, or enter a property.

    The make a living from demanding money with menaces, threating legal action, making out they have these powers to seize goods. All rubbish!

    They have to take you to court to obtain a judgement (CCJ) first. You would have the opportunity to go and plead your side of the case. The court can be your biggest friend here, as they will not force you to pay more than you can. As long as you are honest with them, they will make an order for repayment that you can manage. IF it ever gets to that stage.

    If you don't go to court, or fail to file a defenceicon, then things can go against you. If you don't stick to the agreement after that stage then the creditor can ask the court to take further action, but it's usually done so you have chance to defend yourself still - you would be informed of any enforcement hearing etc.

    cerberusalert is doing a grand job of guiding you through this.

    Be good to those who give you advice that helps - click the star below to give them your thanks by way of a reputation credit.
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    Default Re: Wonga.com debt/debt collectors!

    What is important is to get these people communicating with you in writing, that way you have a record of everything as it occurs, so keep everything including the letter from that supposed solicitor/debt collecter.

    Right, talking about that letter you had. You say that there was no return address on it. I find that intriguing, it could be useful later I've done a search of their name & nothing whatsoever comes up, they're not even listed at Company House....the plot thickens Can you post the telephone number you have?

    By the look of things so far they've been very naughty collection agents indeed & if they don't start to behave themselves they will get a really good spanking (the Human Rights Act doesn't apply to them because a) they're not human & b) they've overstepped their rights)

    Anthrax alert at debt collectors caused by box of doughnuts

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    Default Re: Wonga.com debt/debt collectors!

    Quote Originally Posted by Help_Needed View Post
    Chainey D'mateo and Shannon
    These termites have surfaced before:
    http://www.consumeractiongroup.co.uk...y-account.html
    http://www.consumeractiongroup.co.uk...ded-wonga.html

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    Default Re: Wonga.com debt/debt collectors!

    Quote Originally Posted by Help_Needed View Post
    Hi,

    I have read many others have had the same problem so I dont feel alone anymore! Just wanted some advice really.

    This is the right place to be now

    Back last june money was running very low and I was looking for a new flat and needed deposit money. I couldnt get a loan so I STUPIDLY got a payday loanicon with Wonga.com/then samedaycash.com.

    These things happen Can you tell us how much this was for?

    I registered with them, got my money and eventually moved flat. Unfortunately I lost my job due to the credit crunch deducting members of staff everywhere. Then a month later I ended up in hospital after I lost my baby dramatically.

    Very unfortunately, these things can happen too.:cry:

    It was until a week ago my mother called to say she had had debt collectorsicon at the door demanding money and left a note saying they would seize her car to pay the debt off if I didnt hand over...

    Ain't never going to happen. The people who told you mother this are talking out of their backsides.

    Although I had changed address with Wonga. They insisted they keep bombarding my family home (I was living there at the time and regsitered under that address) they say they have to go to that address as it was the first one regsitered with them.

    This is a deliberate and completely underhand ploy to exert pressure upon you by way of harassing your family.

    I have absolutely nothing at that home. No belongings...so they would have to take my mothers stuff to repay the debt.

    They will get nothing. They can take nothing, never mind suggest taking or even looking at your property.


    I called up the solicitors they sent my debt to (Chainey D'mateo and Shannon) and told the lady that I had been in hospital and honestly, completely forgot about the debt. As anybody would...

    As mentioned a few posts back. No more calls to these people. Don't make them, do not answer them. If they call you, hang up, or take the phone to the nearest radio, and turn the radio up.

    I said I could afford repayments of 50 per week. She said they could only agree to this if I gave them £200 immediately. Which I can not do. Therefore they said they will keep collectors going to my parents address.

    Nope!

    I refuse to give them my new address as they will come and take all of my boyfriends belongings and I really dont need any more stress.

    Good move. They cannot touch anyones belongings. As for your boyfriend, even if this was a secured loan, that had been subject to a court order (a long process in itself) they would have as much claim over your boyfriends belongings and chattles as they would have over my belongings.

    I just want them to agree a payment with me. Why can I not just pay £50 per month?

    Let us see what you owe first. When did you take the loan out, and what were the repayments, and what was the interesticon rate?
    DO NOT PUT ANY PERSONAL DETAILS UP HERE THAT MAY COMPROMISE YOUR confidentialityicon


    I know I got myself into this mess. But I was planning on paying it back on the date it needed repaying...but as I have told you above..I have had a bit of a crisis. It all went to the back of my mind.

    Understandable. It happens. Has happened to me. You will not be the last

    I know I can write them a letter as pasted on another thread.

    Here is a modified and more thorough version of that letter i drafted

    Date XX/XX/2009

    Your Reference - Account No. XXXXXXXX

    Dear XXXXXXXX

    In response to your letter dated xxth xxx 2008, received at this address on xx xxx xxxx.


    In the first instance I refer you back to correspondence sent to you, on xx xxx xxxx and xx xxx xxxx. [DELETE IF NOT APPLICABLE]

    Further to that, and in direct response to the content of your letter, I will make my position absolutely clear…

    I DO NOT WISH TO RECEIVE ANY REPRESENTATIVE OF YOUR ORGANISATION, OR INDEED AN AGENT OR REPRESENTATIVE EMPLOYED BY ANY ORGANISATION THAT YOU ISSUE INSTRUCTIONS TO.

    There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.)

    THEREFORE TAKE NOTE THAT I REVOKE LICENSE UNDER COMMON LAW FOR YOU, OR YOUR REPRESENTATIVES TO VISIT ME AT MY PROPERTY AND IF YOU DO SO, THEN YOU WILL BE LIABLE FOR DAMAGES FOR A TORT OF TRESSPASS AND ACTION WILL BE TAKEN, INCLUDING BUT NOT LIMITED TO , POLICE ATTENDANCE.


    I also caution you here that should you ignore my request on this point, the actions of your representative(s) will happily be record edeither by CCTV or by audio recording equipment – whichever is applicable. Accordingly I reserve the right to use any evidence of you or your representatives’ ignoring this request in connection with any actions that I choose to pursue, including media exposure.

    Should it be your intention to disregard my wishes, and break your obligations, please be advised that the following rules also apply, as laid down by the OFT in respect of debt collection, and that you, as a holder of a consumer credit license, are obliged to follow:

    The areas of the OFT guidance which applies to you in this instance are:

    Communication
    2.1 It is unfair to communicate, in whatever form, with consumers in an unclear, inaccurate or misleading manner.


    False representation of authority and/or legal position
    2.3 Those contacting debtors must not be deceitful by misrepresenting their authority and/or the correct legal position.

    2.4 Examples of unfair practices are as follows:
    a. falsely implying or claiming authority, for example, claiming to work on
    instructions from the courts, claiming to be bailiffs or, in Scotland,
    sheriff officers or messenger-at-arms
    b. falsely implying or stating that action can or will be taken when it legally
    cannot, for example, referring to bankruptcy or sequestration proceedings
    when the balance is too low to qualify for such proceedings or claiming a
    right of entry when no court order to this effect has been granted
    f. pursuing third parties for payment when they are not liable


    Physical/psychological harassment
    2.5 Putting pressure on debtors or third parties is considered to be oppressive.
    2.6 Examples of unfair practices are as follows:
    f. pressurising debtors to pay in full, in unreasonably large instalments,
    or to increase payments when they are unable to do so
    i. disclosing or threatening to disclose debt details to third parties unless
    legally entitled to do so


    Deceptive and/or unfair methods
    2.8 Examples of unfair practices are as follows:

    k. not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

    Debt collection visits
    2.12 Examples of unfair practices are:

    a. not making the purpose of any proposed visit clear, for example, merely stating that collectors or field agents will call is not sufficient
    b. visiting a debtor when it is known they are vulnerable, for example, when
    a doctor's certificate has been provided stating that the debtor is ill
    f. visiting or threatening to visit debtors without prior agreement when the debt is deadlocked or disputed

    I do believe this makes my position clear and unambiguous.

    Yours Faithfully

    But also I cannot seem to find an address for them. Letters that have been sent from Cheiny D'mateo and Shannon Solictors./debt collection agency...do not have their address on them.

    OK. I'm looking for that address. In that method of omitting the address, you can see that they really only weant to speak with you, and coerce you into agreeing to terms that suit them only.

    Where do I stand...?

    Stand Firm. Hold your ground.

    What can I do?

    I hope they dont go to my parents and take the car.
    Look. In reality, when these kind of things get completely ignored and managed badly, in the very very last resort, a creditor may (just may) get it through the courts. If the debtor (you) were to ignore actions of the courts, then, and ONLY then, could an order to take your posessions occur. So that would be YOUR posessions and no one elses. They would NOT be able to remove any items that you need in order to carry out work duties, thus removing the car from the equation. This usually leaves them with a choice of Televisions, HiFi, and such. NOW - most Bailiffs are up to the hilt with warehouses full of this kind of junk. NO ONE WANTS IT, because they can't sell it, and because they cannot sell it, they don't even bother to go near it. Unless of course, you have 'sexy' personal posessions like nice jewellery, an art collection, and the like, you are fine. Even if you had those, you would find a safe haven for those before the **** turned up.

    I'm looking for the adress of that jerk solicitor outfit.

    That should work for now.

    Send letter with certificate of postage, and do not signicon it.

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    Default Re: Wonga.com debt/debt collectors!

    Chainey D'mateo and Shannon

    Cannot find these listed on One Source, Companies House, or with the Law Society !?!:-|

    Does anyone have an adress for this outfit??



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    Default Re: Wonga.com debt/debt collectors!

    Rather worrying - the domain name is NOT registered to the company, strange?

    Registrant: Hurwitz, Jonty ATTN: WONGA.COM c/o Network Solutions P.O. Box 447 Herndon, VA 20172-0447
    It could be showing Wonga.com. 28-32 Wellington Road, London NW8 9SP as that's one address I found, although companies house shows

    WONGA.COM LIMITED
    88 CRAWFORD STREET
    LONDON
    W1H 2EJ
    Company No. 06374235


    No sign of any solicitors of those names anywhere?

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    Default Re: Wonga.com debt/debt collectors!

    Wonga's parent company is Quickbridge (UK) out of the same registered address. I can see the details of the shareholders, directors and secretaries, and their adresses but imagine that i will be censored if i post these

    There is no mention in the company family tree of any firm of solicitors or leagl offices.

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    Default

    Well, Jonty Hurwitz looks a barrel of fun; Jonty Hurwitz - LinkedIn

    It seems he owns too;
    STATPRO LIMITED
    Statpro House
    81-87 Hartfield Road
    LONDON
    SW19 3TJ

    Company No:
    03691156

    More about Wonga here; http://the-accelerator.blogspot.com/2007/06/wongacom-emerges-from-stealth-mode.html

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    Default Re: Wonga.com debt/debt collectors!

    Its this lot that got Marstons sending out an email to 600 odd debtors showing their names.... Bankfodder had a thread on it... Marstons were sent packing and told 'take me to court please....'

    The 'solicitors' are probably based in the USA, Wonga don't seem to have a physical office here other than the registered one... very suspicious all round.


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    Default Re: Wonga.com debt/debt collectors!

    The system that Errol Damelin, Jonty Hurwitz and the team have developed has about 20 complex system integrations but using the power and speed of the web makes the whole experience for the user clean, simple, clear and quick.
    Wonga is a simple solution for personal debt managementicon, designed for anyone who occasionally wants a short term, unsecured, same-day cash loan to help them out when unexpected expenses or urgent cash requirements arise.
    Wonga aims to build social contracts and trust ratings with all its customers, as well as carrying out standard and innovative credit checks. Once their trust rating is fully established, Wonga allows its customers to borrow up to £1,000 at any one time.
    We also announced the first funding round of $6m for Quickbridge Ltd (the owner and developer of Wonga.com) by Balderton Capital (formerly Benchmark Capital Europe).
    ..

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    Default Re: Wonga.com debt/debt collectors!

    Quote Originally Posted by hillards View Post
    Rather worrying - the domain name is NOT registered to the company, strange?

    Registrant: Hurwitz, Jonty ATTN: WONGA.COM c/o Network Solutions P.O. Box 447 Herndon, VA 20172-0447
    It could be showing Wonga.com. 28-32 Wellington Road, London NW8 9SP as that's one address I found, although companies house shows

    WONGA.COM LIMITED
    88 CRAWFORD STREET
    LONDON
    W1H 2EJ
    Company No. 06374235


    No sign of any solicitors of those names anywhere?
    That must be just a postal address - probably a post box. It's highly unlikely that a bunch of clowns like this could afford to rent offices in W1.

    Fred

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    Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

    I am not European, I am English.
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  18. #18
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    Default Re: Wonga.com debt/debt collectors!

    Summary


    I started my career being mentored by renouned banker, Gilbert de Botton at Global Asset Management and spent 2 years designing reporting systems to allow complex financial instruments to be explained to private investors.

    In 1996 I founded my first company in a small back room in Convent Garden, London, with a team of inspiring young developers and artists.

    After almost 2 years of building the technology, Delve Reporting launched in 1997. Delve grew through the dotcom wave to become one of the worlds leading financial reporting platforms.

    The 2001 bubble-bursting was a defining moment for me as CEO of Delve but through a series tough decisions, the company came through stronger and more streamlined. In 2005, Delve was acquired by StatPro PLC (AIM:SOGicon). Delve's technology continues to power reporting for some of the worlds largest financial institutions.

    Following the sale of my company, I stayed on as Creative Director of the StatPro Group (AIM: SOG) until 2007. During this time I was responsible for unifying the teams and technologies from 6 acquired companies in 5 countries helping the Statpro grow from 50 to over 200 employees.

    Wonga is my current project - my aim is to bring a range of disruptive methodologies to the UK consumer banking industry.

    Since founding Wonga together with Errol Damelin in 2007, I have built the teams and technologies to bring the UK’s most sophisticated real-time consumer risk engine to market. Wonga has emerged as one of Europes fastest growing companies.

    To balance my entrepreneurial side, I am also an artist. Over the past 5 years I have built up a collection of works, with some currently on exhibition at the Maidstone Museum as a finalist in the Bentliff Art Prize.

    I am also one of the co-founders and Trustees of the Separated Child Foundation (WELCOME TO THE SEPARATED CHILD FOUNDATION | Separated Child Foundation) which was established in 2007 to help young refugees arriving in the UK with no parental support.
    Specialties

    Making wonderfully interesting and complex things from nothing,
    Building dream teams, ideas, technologies and egos. The Lone Creative in a world of bankrupt bankers.



    Applications




    Experience


    Trustee

    The Separated Child Foundation


    Non-Profit Organization Management industry
    August 2007 – Present (1 year 6 months)
    Separated children and young people are refugees or are seeking asylum—and have no parent or guardian with them. Separated children experience the double trauma of separation not only from their homeland, culture and natural environment but also from the adults in their family who gave them care.

    The Separated Child Foundation offers emotional, social, financial and physical support to separated children and young people up to the age of 21. I sit as a Trustee for the foundation covering areas ranging from strategy, web and fund allocation.

    Founder & CTO

    Wonga.com


    Privately Held; 11-50 employees; Financial Services industry
    January 2007 – Present (2 years 1 month)
    As the Founder CTO, I'm focusing on bringing together talent and technology to completely change the way financial services work online. Wonga is exciting, challenging and wildly innovative. With all of this creativity though we are dealing with money and real lives, so we have to be really grounded in reality too. I've got an inspiring partner (Founder and CEO), Errol, who is pushing the team relentlessly. Together with an exceptional group of people - we're shoving a carrot up the backside of an industry seriously in need of change.


    "my aim is to bring a range of disruptive methodologies to the UK consumer banking industry." Anyone got any idea of what that means?


    "Convent Garden". I wonder if that's anywhere near Covent Garden.



    "I've got an inspiring partner (Founder and CEO), Errol, who is pushing the team relentlessly. Together with an exceptional group of people - we're shoving a carrot up the backside of an industry seriously in need of change."

    "Specialties

    Making wonderfully interesting and complex things from nothing,
    Building dream teams, ideas, technologies and egos. The Lone Creative in a world of bankrupt bankers." Pseuds Corner


    What the hell is this creature?


    Fred


    Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

    Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

    I am not European, I am English.
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  19. #19
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    Default Re: Wonga.com debt/debt collectors!

    TBH i have just googled them and there website is down

    Hi and thanks for visiting Wonga.com. Our website is temporarily unavailable tonight while we further improve the UK’s best lending site. The service will return to normal by tomorrow morning. Please accept our apologies for the inconvenience and come back tomorrow morning for help finding a fast loan.

    OFT debt collection guidance

    Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

    Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.
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  20. #20
    Basic Account Holder Viscount Stair Highly informative Viscount Stair Highly informative Viscount Stair Highly informative Viscount Stair Highly informative Viscount Stair Highly informative Viscount Stair Highly informative Viscount Stair Highly informative Viscount Stair's Avatar

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    Default Re: Wonga.com debt/debt collectors!

    A generous-minded explanation for the absence of Chainey D'mateo and Shannon from the Law Society database could be that the Solicitors' Code of Conduct permits employed solicitors to practise under a "firm name".

    For instance, DG Solicitors are in-house solicitors employed by HSBCicon and their munchkins, just as Robinson and Shori presumably sounds more impressive than two blokes with practising certificates employed by DHL to collect invoices for VAT and duty on imported parcels.




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