Have you received a "Phantom" CCJ or Judgement by Default ?

[Crapstone]

I'm sure we had a similar letter a couple of years ago. It read as though a judgement had been made and I'm sure it was Cohens, (but other **** are available).

 

It was duly filed under B for Bin.

[Undercover-Elsa]

I'm so glad I read this thread..I'm firmly playing possum on a faulty DN, steadfastly ignoring all the threatomatics.

I've had just about every one going, including my infamous lovely red "Summonsalike".

To be honest if I'd got one of the letters above, before I read this, I'd have thought "OMG I've blown it".

Forewarned is forearmed!

Thanks CitiB

Elsa x

[remus]

Sechiari,Clark & Mitchell,acting on behalf of LTSB

 

 

Letter dated 7th May 2009 advising they have requested Judgement Order,therefore a Judgement Order will be sent by the Courts in due time. Judgement balance had increased by £50.Enclosed was a Standing Order Mandate. 7 days later a paying in book was received.A judgement can only be applied for if a defence is not filed,my defence was not due until 18th June.

Telephoned court today (29th June) and no such request had been made??

 

False representation of Authority. Example of unfair practice:

Falsely implying or stating that action has been taken when it has not,for example,that civil action has been taken or that a court Judgement has alredy been obtained.

 

I had exactly the same letter, word for word back in October, the judgement balance had increased by their costs £410!. Letter of complaint being posted tomorrow.

[cashins]

Not long ago a newspaper had an undercover reporter in the LTSB threat centre.

 

Unfortunately, I cannot remember which one.

 

If anyone can come up with which paper it was, it would be well worth people who have had these letters, seeing if they would be interested in a follow up story.

 

David

[F_DCAs]

Cashins - it was The Sunday Times, a couple of months ago. The article is viewable online and can easily be found under the title 'Lloyds puts frighteners on debtors'

[ScarletPimpernel]

I recall that Tony Hetherington in the Mail on Sunday did a piece about Bryan Farter (a trading name of Crettins Farter), and his antics in connection with the inaccurately-named Phoenix (UK) SARL.

[Kraken1]

please tell me that someone has sent these to the oft...

[babybear39]

Subscribing...

[diddydicky]

reading this I think that it would be VERY VERY useful to make a complaint in every case to the court concerned.

 

these will stack up against them in future proceedings when fellow caggers are suggesting to the judge that the dca/solicitor has been underhand it will be in the back of his mind

[cashins]

Cashins - it was The Sunday Times, a couple of months ago. The article is viewable online and can easily be found under the title 'Lloyds puts frighteners on debtors'

 

Well done F DCA.

 

I would suggest everyone who has had a LTSB/SC&M version of that, gets onto them to see if they fancy a follow up.

 

David

[shirei12]

I had exactly the same letter, word for word back in October, the judgement balance had increased by their costs £410!. Letter of complaint being posted tomorrow.

 

Did you send the complaint to the court?? I would like to but I am hopeless at writing formal letters like that. Can anyone help??

[r&b]

ive just had a go myself for the misleading letter and poor conduct in a court case. i posted here for any additions:

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/192486-court-claim-o-draft-3.html#post2270310

 

im sending it to the court as well

[Viano]

Just thought I'd add my half pennyworth.

 

From SC&M:-

 

'We feel it important to let you know that we have Instructed the County Court to enter Judgement against you on behalf of our Client.

 

You should now send a payment for the full balance as stated above to ourselves, unless otherwise directed by the County Court.

 

If you send this payment within ten days you may be confident that further action will be prevented.'

 

Did you get that - they have INSTRUCTED the Court.

 

Viano

[babybear39]

Send a copy to the court, I bet the judge would love to know he's being instructed

[zazen.warrior]

It's like that we have control of the court action bit Howard puts in his letters

[diddydicky]

Send a copy to the court, I bet the judge would love to know he's being instructed

 

or write a letter of complaint to the court and demand to know why they have not yet done what they were TOLD to do by SC&M !! (smirk)

[babybear39]

**** really are so up themselves

[cashins]

Wouldnt you just love to pull that letter out in court.

 

As part of you preamble, (in best tremulous voice and with an absolutely straight face).

 

" I'm just glad to be getting a fair hearing Sir/Madam. The letter they sent me said they had instructed you to pass judgement against me"

 

Bet they ask to see it.....

 

David

[remus]

Did you send the complaint to the court?? I would like to but I am hopeless at writing formal letters like that. Can anyone help??

I have added it to my defence:wink:

[citizenB]

Did you send the complaint to the court?? I would like to but I am hopeless at writing formal letters like that. Can anyone help??

 

 

My letter to the court is as follows:

 

 

Her Majesty’s Court Service

County Court Bulk Centre

Northampton County Court

St Katherine’s House

21-27 St Katherine’s Street

Northampton

NN1 2LH

FAO of The Court Manager

Dear Sir/Madam

Case / Claim No:

Re: Lloyds TSB Bank Plc v me

Solicitors acting: Sechiari, Clark & Mitchell

Following a telephone conversation with a member of the Court this morning, I would like to bring the following to the attention of the Court Manager.

Today, 25th June, I received a letter dated 20th June 2009 (copy enclosed) from Sechiari, Clark & Mitchell who are the Solicitors acting on behalf of Lloyds TSB plc in the above case.

Their letter implies that a Judgement has been entered against me and that the Court will be sending the Judgement Order to me in due course.

Needless to say, I contacted the court only to be advised that NO Judgement had been entered against me.

On the 22nd June 2009, Sechiari, Clark & MItchell had contacted the court and made their request for a Judgement to be entered. This was turned down for the reason that a defence had been submitted and they had been advised of this on the 17th June .

You will see the letter advising the Judgement Order was to follow, is dated the 20th June 2009. However, this is 2 days prior to the date, 22nd June 2009, when the request for a Judgement Order was made with the Court.

Surely this is seriously misleading if not deception.

 

 

just thought I would add my half pennyworth

From SC&M:-

 

'We feel it important to let you know that we have Instructed the County Court to enter Judgement against you on behalf of our Client.

 

You should now send a payment for the full balance as stated above to ourselves, unless otherwise directed by the County Court.

 

If you send this payment within ten days you may be confident that further action will be prevented.'

 

Did you get that - they have INSTRUCTED the Court.

 

Viano

 

 

Oh my... I am seriously jealous. I would so like one of THOSE letters

 

Most certainly a letter to the court advising that as a LiP you are unawares of court protocols.. but surely the enclosed letter cant be correct?

 

You would be most obliged if someone could confirm if the instruction by the acting solicitors has been carried out..

 

Wouldnt you just love to pull that letter out in court.

 

As part of you preamble, (in best tremulous voice and with an absolutely straight face).

 

" I'm just glad to be getting a fair hearing Sir/Madam. The letter they sent me said they had instructed you to pass judgement against me"

 

Bet they ask to see it.....

 

David

 

 

David, since Mr Happy's case I think everyone is practicing one of those I think I could do the tremolous bit but the straight face .. I would just crack up.

[diddydicky]

personally i would take out the word deception

 

and add the word deliberately before the word misleading rather than seriously

 

you could also mention that from your research on public debt forums that "it seems that this is not simply a one - off error"

[citizenB]

personally i would take out the word deception

 

and add the word deliberately before the word misleading rather than seriously

 

you could also mention that from your research on public debt forums that "it seems that this is not simply a one - off error"

 

 

Unfortunately, the letter has already gone DD.. but yes, I wish I had posted for comments before doing so ..

[citizenB]

This is r&bs magnificent letter to the SRA. Post 150 if the link doesnt take you directly.

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2270310.html

 

[diddydicky]

This is r&bs magnificent letter to the SRA. Post 150 if the link doesnt take you directly.

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2270310.html

 

 

it's an interesting letter but my own opinion is that only the last paragraphs are really relevant the court

[GhostDebt]

A formal complaint about one of these letters (post #12) was sent to the legal complaints service over the weekend. (after their claim was struck out obviously)

 

Will update when we have a response....