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COPE'S Solicitors - Have they sent you false demands?


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As the great Jim Royle would say, "Admin error my ****"

 

Beautifully summarised!

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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My only concern is that I notice it's the infamous Northampton MCOL who are renowned for monumental c*ck ups so I would check to make sure they haven't awarded CCJ by default

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I believe the people involved so far have all checked with the courts and been informed that no CCJ has been awarded.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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I believe the people involved so far have all checked with the courts and been informed that no CCJ has been awarded.

 

Yeah! then it won't do any harm to get it in writing just in case MCOL claim it's an 'admin' error cos the ones I have seen have been I understand only confirmed via the telephone & we ALL know how unreliable the phones can be:rolleyes:

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But if a judgment had been entered by default erroneously, ie.by court staff, surely there's no way a judge could have determined the level of payments!

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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Copes have admitted the error to me (or should I say 'my representative') and sent an apology.

 

I wonder if they would have been so quick to apologise to those not being represented... hmmmm :rolleyes:

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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  • 2 weeks later...

Oh dear.

 

Here's another case where an SD was thrown out but Capquest/HL Legal have decided it wasn't and an arrangement was made:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/197961-sd-capquest-now-received.html

 

This is becoming a worrying trend.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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If they accept & retain any payments based on these letters knowing they are false I suggest they will be guilty of fraud

 

 

 

do we know of anyone who has made such a payment?

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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MODS -

 

could I ask that a similar sticky is made for Howard Cohen

 

Been trying for ages to get as many examples as poss of their attempts at this together!

 

Thanks

 

NcF

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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Oh dear. Here's another one.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/198004-cohens-again.html

 

Anyone got any idea what to do to get this in the public domain? No-one seems to be listening, let alone the OFT.

Edited by DonkeyB

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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There are a number of avenues that could be explored.

 

First, the OFT Guidance is clear that a company employing another business to collect debt has third party responsibility for their actions. It follows that where a solicitor is instructed by a DCA (especially where they are inhouse or 'rent-a-sol'), not only does the DCA have thord party liability, but also the original creditor. So, as well as reporting the solicitors to the SRA (see below), complaints could also be made to the DCAs and original creditors, copied to OFT for information. We have already seen that banks are perfectly happy for their agents to indulge in non-compliant practices - until they get caught, and then, as in the case of 1st Credit, they take their business away.

 

Perhaps a co-ordinated complaint could be made to the SRA. In other words, details are collated and passed in a batch to the SRA, demonstrating that these are not isolated errors, but either gross ineptitude or deliberate actions.

 

The media may be useful, but I suspect that this again needs some coordination to get serious journo interest.

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I've been approached by the media so I'm interested in communicating with anyone who has a story their willing to tell on camera.

 

I'm particularly interested in stories that involve firms such as Marlins Financial Services, Phoenix Recoveries, HFO Services/Roxburghe, HBOS, RBS.- I understand that Marlins will be of most interest at the moment including any solicitors who are exceeding their authority by breaching guidelines

 

Anyone willing to talk on camera should PM me with a link to their thread if possible - thanks

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I've been approached by the media so I'm interested in communicating with anyone who has a story their willing to tell on camera.

 

I'm particularly interested in stories that involve firms such as Marlins Financial Services, Phoenix Recoveries, HFO Services/Roxburghe, HBOS, RBS.- I understand that Marlins will be of most interest at the moment including any solicitors who are exceeding their authority by breaching guidelines

 

Anyone willing to talk on camera should PM me with a link to their thread if possible - thanks

 

JonCris, this may be worth a new thread on its own.

 

I am a journalist, but I'm struggling to get interest in this through the usual channels. We really need a victim, sadly - that's what gets things noticed. A great big smelly hook to hang our grievances on.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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There are a number of avenues that could be explored.

 

First, the OFT Guidance is clear that a company employing another business to collect debt has third party responsibility for their actions. It follows that where a solicitor is instructed by a DCA (especially where they are inhouse or 'rent-a-sol'), not only does the DCA have thord party liability, but also the original creditor. So, as well as reporting the solicitors to the SRA (see below), complaints could also be made to the DCAs and original creditors, copied to OFT for information. We have already seen that banks are perfectly happy for their agents to indulge in non-compliant practices - until they get caught, and then, as in the case of 1st Credit, they take their business away.

 

Perhaps a co-ordinated complaint could be made to the SRA. In other words, details are collated and passed in a batch to the SRA, demonstrating that these are not isolated errors, but either gross ineptitude or deliberate actions.

 

The media may be useful, but I suspect that this again needs some coordination to get serious journo interest.

 

This has to be the best way forward, at the moment it appears to be trickling.. if the OFT / SRA / media were presented with a "group" of complaints then it would be taken more seriously.

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Personaly I would think a thread for each DCA, with members subbing to the one which concerns them, who have a valid complaint against that DCA.

When enough members have subscribed for each DCA, they are requested to fill in an online complaint form which is then sent to an appointed person so they can be sent to the OFT in one large bundle so the OFT can't say there is not enough complaints to investigate.

Maybe at the same time a copy of the bundle could be sent to the likes of Watchdog with a covering note so they could investigate themselves and also monitor what the OFT does.

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Personaly I would think a thread for each DCA, with members subbing to the one which concerns them, who have a valid complaint against that DCA.

When enough members have subscribed for each DCA, they are requested to fill in an online complaint form which is then sent to an appointed person so they can be sent to the OFT in one large bundle so the OFT can't say there is not enough complaints to investigate.

Maybe at the same time a copy of the bundle could be sent to the likes of Watchdog with a covering note so they could investigate themselves and also monitor what the OFT does.

 

 

This is very much the sort of thing I was thinking of. However, I think that in the first instance each person affected should complain in writing to Copes. Firstly, they should have an opportunity to resolve the issues - a complaint to a regulator will be much more powerful in these circumstances. Secondly, it will be interesting to see if their replies are consistent (and/or templates), and lastly the replies will be useful evidence.

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  • 3 months later...

Trick, I am just about to send you a pm in respect of this post. :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 4 weeks later...

Heads up - Radio 5 live tomorrow Sunday at about 7.30pm

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Excellent!

 

The link below contains a pdf file that shows a letter sent to a member;

just another covert tactic that is employed and;

in this situation obviously to obtain a default judgement!

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2449237.html

 

Disgraceful tactics.

 

AC

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