Unkown Court Case

[teamplayer]

Hi,

 

I have just received a phone call frolm a firm of solicitors who say that they have gained a judgement against me for an alleged outstanding debt. This case had already been heard earlier in the year and they lost because they did not comply with my request for information under the CCA agreement, i.e. they did not furnish me with the information etc. They now say that they have been back to court without me having any knowledge about it, including no contact with them, not being informed by the courts etc. I intend to contact the court tomorrow to find out what happened and then appeal if it is true. So does anyone know what I need to do in order to get this possible judgment stayed.

 

Thanks for your anticipated assistance.

[postggj]

not brian carter is it

[teamplayer]

nope

[Lula]

I would ring the court first and see if it is actually true, which I doubt, if it isnt true then we will sort them out lol, Dont worry about it for now, just try and get any details, if the company get in contact again, tell them to prove it.

[teamplayer]

Well there has now been an interesting turn of events. I have just received a letter from the company, saying that I am in arrears with a court order issued from Northampton under a case no. I telephoned Northampton, who told me that this case had been transferred to my nearest court last year, advising me to contact them. This I did, and they confirmed that this case had been dismissed earlier this year, without a means of appeal, this was because tha]ey hadn't compliedwith the requirements of a CCA request, or requested information prior to the case.

 

When I spoke with the bunch of morons who perport to be solicitors, they told me that the case had been heard on my birthday, which by the way was a saturday.

 

In their letter they are threatening to send in court ballifs. which they cn't do cos they dont have a judgement.

 

Now I wnt sto sting these sons of B's once and for all

 

Any Ideas please.

[raydetinu]

No court order no baliffs! if you get any more threats or calls, you can get them for harrasement.

[skbuncks]

I would also report them to your local court as this has to be breaking some law or other, im sure they will be very interested

 

skb

[Michael Browne]

Phone the Legal complaints service helpline:

LCS: contact us

 

They can advise how to make a complaint

[legalpickle]

Phone the Legal complaints service helpline:

LCS: contact us

 

They can advise how to make a complaint

 

The LCS only deal with complaints from customers of Solicitors against their own Solicitors [or previous Solicitors]. One cannot make a complaint against a firm of Solicitors pursuing him through the LCS.

 

The only way to complain about a Solicitor to an authority is by retaining a Solicitor to complain to the Solicitors Regulation Authority.

 

I would recommend to the OP to write a harsh letter to the firm threatening to ask his Solicitor - even if you don't have one, they don't need to know this - to refer a complaint to the Solicitors Regulation Authority regarding the matter if they do not cease and desist from harassing you. Send it special delivery. Quote the claim number and explain what happened in the hearing and when the hearing - or decision if it was out of a hearing - was and that it was not on your burpday because that was a Saturday and the court service don't work on Saturdays.

 

If you need help with the letter, then post a draft here - without the personal info - and I'll happily try and proof it for you.

 

Please keep us posted.

 

Good Luck.

 

If you need help writing this

[Multay]

OMG...These people never stop do they!!!

 

Are they actually solicitors or just DCA's pretending?

 

I am genuinely shocked by this...Go get 'em matey, you should string them up for this one!!!

[davethorp]

Those DCAs will try anything to get their money wont they

[legalpickle]

OMG...These people never stop do they!!!

NEVER!

Are they actually solicitors or just DCA's pretending?

Good point.

 

teamplayer: Please PM me the name of the alleged Solicitors and I'll check up on them for you.

 

I am genuinely shocked by this

I'm not!

 

...Go get 'em matey, you should string them up for this one!!!

 

I second this, but to get them really strung up may be costly and not worth it.

 

Those DCAs will try anything to get their money wont they

 

Always!

[Bookworm]

No need to PM anyone, just name them here, I'm sure we'd all like to know the names of the (alleged) low-lifes!!!

[Multay]

Surely this can't be lawful? Even if it is a solicitor, can they just simply lie in writing and not be held to book for it?

 

I find it hard to belive there is nothing that can be done but maybe I'm being naive????

 

M

[Michael Browne]

Phone the Legal complaints service helpline:

LCS: contact us

 

They can advise how to make a complaint

 

The LCS only deal with complaints from customers of Solicitors against their own Solicitors [or previous Solicitors]. One cannot make a complaint against a firm of Solicitors pursuing him through the LCS.

 

The only way to complain about a Solicitor to an authority is by retaining a Solicitor to complain to the Solicitors Regulation Authority.

 

According to Solicitors Regulation Authority website complaints against other solicitors should initially be made with the LCS

 

 

If you are reporting a solicitor

 

If you want to report a solicitor, contact the Legal Complaints Service (LCS). The LCS acts as a point of entry for reports about solicitors.

 

 

If you are reporting your own solicitor, the LCS will consider your report and may be able to direct the firm to compensate you. If the LCS thinks we need to investigate your solicitor, they will refer the information to us.

 

 

If you are reporting a solicitor who has not acted for you, the LCS will send your report directly to us. However, certain information should be reported directly to our Fraud and Confidential Intelligence Bureau:

[legalpickle]

No need to PM anyone, just name them here, I'm sure we'd all like to know the names of the (alleged) low-lifes!!!

Wasn't sure if that was allowed, so offered to check after a private message. Glad to hear it is allowed in this case :grin:

 

Surely this can't be lawful? Even if it is a solicitor, can they just simply lie in writing and not be held to book for it?

 

I find it hard to belive there is nothing that can be done but maybe I'm being naive????

 

M

 

Unfortunately you are being naive [i would much rather you weren't and there was another route though!].

 

If they are Solicitors the only body that regulates them is - currently - the Solicitors Regulation Authority and complaints about Solicitors - where no contractual service relationship exists from the Solicitor to the complainant [note: even where the complainant is offering a service to the Solicitor this it the case] the only body to whom a complaint can be lodged - that can result in an investigation - is the Solicitors Regulation Authority. Complaints to the Solicitors Regulation Authority must be made by a Solicitor [there are Solicitors that specialize in this] and most, if not all, Solicitors will charge for this service, unless they are already providing a service to the complainant that is directly relevant to the service previously offered by the Solicitor about whom the complainant wishes to complain [in such a case there is an obligation on the Solicitor to make a referral to the Solicitors Regulation Authority].

 

If they are not actually Solicitors, then they would have an Office of "Fair" Trading Consumer Credit Licence and complaints can be raised to the OFT

and Financial "Services" Authority [FSA].

 

According to Solicitors Regulation Authority website complaints against other solicitors should initially be made with the LCS

 

Interesting post. My experience is that the LCS cannot help, and I have actually assisted two people in making complaints to the LCS which were refused because the LCS did not have jurisdiction and I am not a Solicitor so could not refer the complaints to the SRA.

 

Where there is clear fraud I was unaware of the FCIB - which is extremely useful! - so the OP should tell the firm - if it is a firm of Solicitors - that he will make a complaint to the FCIB division of the SRA however I would stake a bet on the fact that nothing will happen unless it is referred by a Solicitor - that's from similar experience with the FSA and referring a complaint about a financial firm's behaviour - not as a customer - to the FSA, they completely ignored it. Two months later a Solicitor acting on behalf of a friend - and me - referred a complaint and it got the firm investigated and warned - and hopefully possibly more, but that will take a few more months till I know anything.

Edited September 10, 2008 by legalpickle

[Bookworm]

Wasn't sure if that was allowed, so offered to check after a private message. Glad to hear it is allowed in this case :grin:

As long as the name is not associated with libellous comments, it is always allowed. have you not seen the names of various forums all over the site? They all name the company, be it a bank or a DCA or a retailer.

 

Naming is rarely an issue. Libel usually is. ;-)

[legalpickle]

As long as the name is not associated with libellous comments, it is always allowed. have you not seen the names of various forums all over the site? They all name the company, be it a bank or a DCA or a retailer.

 

Naming is rarely an issue. Libel usually is. ;-)

 

Thanks for clarifying

-------------------------------------------------------------------------

Edit: [11/09/08 - 12:31pm]: Since I first posted this post the OP has PM'd me with the name of the firm. As Bookworm has now confirmed that it is OK to put their name on the thread, I am posting a copy of the PM's between the OP and myself here, and they will be continued publicly only.

 

Hi

 

Thanks for your response, the name of the Firm of solicitors is Horwich Farrelly Solicitors, who I know are part of Robinson Way. The case fell because they had not complied with the CCA request, or a part 18 request when the case was filed. The Judge was sympathetic to their cause, but dismissed there case because of the infringement of the CCA request.

 

Thanks for any assistance you can offer.

 

teamplayer: I will repost this on the thread as it has been confirmed that their name can be put on the thread.

 

I will however tell you that Horwich Farrelly are not part of Robinson Way, they are a real Solicitor's firm.

 

I am not surprised that they have acted this way. Please continue to post on the thread and I - and hopefully others - will help you with a letter to them threatening to refer them to the FCIB division of the SRA. However I cannot help you privately as it is against the rules of the forum and also not necessarily in your best interests as others won't see the correspondence and be able to comment if I make a mistake, after all I'm only human.

Edited September 11, 2008 by legalpickle
important addition

[teamplayer]

Hi all thanks for all of your comments, it's been most helpful. I was a little hesitant to post the name of the Solicitors on the Web site, but they are Horwich Farrelly Solicitors. Now an interesting little side line of theirs is either they have a sub office in the DCA offices, or the DCA are using their name to ligitimise their business, but to date they have in my opinion been extremely unprofessional and unethicl in their delings. Unfortunately for them if they are on the name on the letter head they name is being written at the bottom of the letter.

 

I have also spoken with the LCS, who have advised me to forward to them all of the necessary information, about the outcome of the case, and now the letter that this firm of solicitors have sent, which by the sound of it would breach some ethical code of conduct of the legal profession, and if it doesn't then it should.

 

I will start to compose my letter to them and post a draft on here for comment.

 

Thanks for all of your help and comments so far.

[legalpickle]

Hi all thanks for all of your comments, it's been most helpful. I was a little hesitant to post the name of the Solicitors on the Web site, but they are Horwich Farrelly Solicitors. Now an interesting little side line of theirs is either they have a sub office in the DCA offices, or the DCA are using their name to ligitimise their business, but to date they have in my opinion been extremely unprofessional and unethicl in their delings. Unfortunately for them if they are on the name on the letter head they name is being written at the bottom of the letter.

 

I have also spoken with the LCS, who have advised me to forward to them all of the necessary information, about the outcome of the case, and now the letter that this firm of solicitors have sent, which by the sound of it would breach some ethical code of conduct of the legal profession, and if it doesn't then it should.

 

I will start to compose my letter to them and post a draft on here for comment.

 

Thanks for all of your help and comments so far.

 

From experience - and others may disagree with me - I would not waste my time with complaining to the LCS in this case. I have tried previously and they have rejected it - whatever they say.

 

I would therefore complain to the Fraud and Confidential Intelligence Bureau of the SRA - as posted by Michael Browne. He has also quoted that the LCS would anyway forward the complaint to the FCIB, so why bother writing to the LCS, when you can write to the FCIB directly?

 

So, to the letter. I would recommend that you write that you will be reporting their actions to the FCIB of the SRA and are considering retaining a Solicitor to make an official referral to the SRA. However you may change your decision if sufficient compensation is paid for aggravation and stress incurred and the harrassment they are guilty of.

 

To clarify: I am not recommending that you retain a Solicitor to make a complaint to the SRA, but to threaten that. They don't have to know your real intentions. Such an option of retaining a Solicitor to make a complaint would be too costly.

 

Also, you should address it to 'The Senior Partner' at the head office address of 'Horwich Farrelly' which according to the Law Society website is:

 

Alexander House

Talbot Road

MANCHESTER

M16 0PG

 

By the way, on the Law Society website, they do have a branch within London Scottish House in Manchester, which is Robinson Way's headquarters, so whilst the Law Society website says they have '0' regulated principals at that office, they probably have a couple of trainee's there to deal with small matters who supervise some non-Solicitors [as trainee's are not listed on the Law Society website, whilst they are "regulated" as such when working for a law firm].

 

When you post the draft, I'll happily look at it and try to make it as sharp as possible.

 

Good Luck!

[fbnts]

Hi,

 

I have had dealings with these and Robinson Way in the past.

 

If I recall, they use the same template letter and just change the name and logo at the top (Even the same address)

 

I always assumed they were part of the same company in some way.

 

Tom

[legalpickle]

Hi,

 

I have had dealings with these and Robinson Way in the past.

 

If I recall, they use the same template letter and just change the name and logo at the top (Even the same address)

 

I always assumed they were part of the same company in some way.

 

Tom

 

Horwich Farrelly are quite big. Debt collection is a one unit of their's and I have since found out they are sub-contracted to provide an "in-house" legal service for Robinson Way and their parent company London Scottish Bank. That is besides for their personal injury department and other fields of litigation that they do. Apparently their main departments are civil litigation, personal injury and debt collection.

[alesianlarken]

sorry budy its really bad happened to you.Choose a good lawyer for that one.

best of luck any way.

 

i hope you will win that one.

[legalpickle]

sorry budy its really bad happened to you.Choose a good lawyer for that one.

best of luck any way.

 

i hope you will win that one.

 

I don't think the OP requires a lawyer to deal with this issue. It could most probably be very easily sorted by a threatening letter and complaint to the FCIB division of the SRA [http://www.sra.org.uk/consumers/problems/fraud-dishonesty.page].

 

Taking on a Solicitor would be costly and in my opinion a complete and utter waste of money in this case!

[teamplayer]

Hi all,

Heres a draft of the letter so far. Any ideas in improving it would be helpdful

Thanks.

Dear Sir/Madam,

Re: Case No. XXXXXXXX Your Ref XXXXXXXXXXX

I am in receipt of your letter dated September 2008, where you allege that you have gained judgement on the above case no. at the bulk clearing Court in Northampton. This correspondence followed an unsolicited telephone call from your office, who informed me that I would listen to him, reiterating the contents of the letter. I enquired when this judgement had been entered and I was informed that this had been on the xxnd August 2008. Again his was a blatant dishonesty as County Courts do not sit on Saturdays.

This information is more than inaccurate, but wholly dishonest. This case was transferred to my local county court in XXXXXXXX and the case was heard on March 2008, and dismissed, due to non-compliance with the Consumer Credit Act.

I believe that your firm has acted outside of the Solicitors Code of Conduct, and are knowingly being dishonest, intimidating and harassing, therefore I will be reporting your actions to the FCIB of the Solicitors Regulation Authority, and considering retaining a Solicitor to make an official referral to the Solicitors Regulation Authority. However I would be prepared to change my decision if sufficient compensation is paid for aggravation and stress incurred and the harassment you are guilty of.

A response is required with 7 days of receipt of this letter.

Yours