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

[citizenB]

It would appear that solicitors acting on behalf of the claimant are writing to defendants advising that a County Court Judgement or Judgement by Default has been issued. Usually this letter includes a standing order slip or bank giro slips.

 

When checking with the Court in question, defendants are finding this to be untrue.

 

Where the recipient of these letters is making a complaint to the SRA (Solicitors Regulation Authority) they are usually being advised that the letter was sent out in "error"

 

If you have received one of these letters, please put a link to your thread or a brief summary here.

 

Many thanks

[Fedupandfightingback]

Sechiari, Clark & Mitchell, acting on behalf of LTSB.

 

Letter dated 20th June (saturday) received on 26th June advising that a default judgement had been obtained and that the court would be advising in due course.

 

A standing order slip was enclosed.

 

I telephoned the court only to discover that **** had applied for a default judgement on the 22nd June as a defence had been filed and they had been notified ,it was rejected. Please note... the application for Default Judgement had been made 2 days AFTER the letter had been dated.

[r&b]

received this from **** on behalf of the the 'Dark Donkey':

 

http://i615.photobucket.com/albums/tt231/robntanya/LLOYDSENFJDGMTletter-1.jpg

 

just one of their underhand efforts to uphold the implication of their initials;)

[shirei12]

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.

Edited June 29, 2009 by shirei12
link added

[UnmoderatetheNet]

This is great idea for a thread!!!!!

 

How many have to be sent before 'Human Error' becomes a joke, I think we have alreadly passed that point.

 

Regardless of ethics, solicitors surely have to convey acurate information and behave comptantly, so consistantly sending out letters with 'human errors' makes the organisation incompantant. I am sure the Law society would be very interested in repeated incompatance.

 

Can you imagine a solicitor writing to the deceased execotors saying the estate is worth £1000 when it's actually worth £100,000.

 

This 'Phantom CCJ' has to stop

 

If we can post 50+ examples there must be case for the Law society:cool:

[dx100uk]

just another play on word surely?

they are saying 'requested', & if judgement IS successful then you must pay what the court decrees. in the 'meantime' .... like to pay us now, incase we win.

 

 

thats the way i read it.

 

dx

[shirei12]

just another play on word surely?

they are saying 'requested', & if judgement IS successful then you must pay what the court decrees. in the 'meantime' .... like to pay us now, incase we win.

 

 

thats the way i read it.

 

dx

 

Yes they are saying requested but on information from court today NO REQUEST has been made in my case. Also nowhere in the letter does it state & if judgement IS successful then you must pay what the court decrees. They DO state a Judgement amount though which is £50 more than the claim!

[dx100uk]

if they get a judgement, then it will cost more.....

don't agree with it, but if read as it should be, its a clever play on words,

in my books.

very clever, but also very crafty!

 

 

dx

[citizenB]

just another play on word surely?

they are saying 'requested', & if judgement IS successful then you must pay what the court decrees. in the 'meantime' .... like to pay us now, incase we win.

 

 

thats the way i read it.

 

dx

 

 

I had to read it several times DX because in the first sentence they say....

 

"We have requested".. (so ok, you assume that is exactly what they have done .. made a request).. but in the 2nd sentence they say...

 

"A Judgement Order detailing payment will therefore be sent to you by the court in due course"..

 

This to me reads as though it was not only requested but given .

 

I think all those receiving anything that is "ambiguous" as some of these letters are should be making a complaint to the SRA, the address is

 

Here is the address for LCS

 

 

Legal Complaints Service

Victoria Court

8 Dormer Place

Leamington Spa

Warwickshire

CV32 5AE

If people post their responses here and we see how they are "investigated".. then perhaps we can plot what to do next.

I wrote to the court and copied BOTH letters to ****.

[citizenB]

just another play on word surely?

they are saying 'requested', & if judgement IS successful then you must pay what the court decrees. in the 'meantime' .... like to pay us now, incase we win.

 

 

thats the way i read it.

 

dx

 

But they arent saying... "If Judgement IS successful".. are they.. they are saying ...

 

"A Judgement Order will be sent to you in due course".. which is an assumption on THEIR part.

 

In my situation, they took that one step further and dated and sent out the letter before they had even made their request What made them so certain they would get a Judgement ?..

 

If that isnt intimidation, I dont know what is.

[Huff&Puff]

I noticed this thraed yesterday, looks like Bryan Carter is at it too (post #101):

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/76196-have-you-had-dealings-2.html

[GhostDebt]

Howard Cohen do this regularly.

Have had a letter stating Judgement has been entered against you.

As have several other people dealing with this lot.

Some have already complained to the SRA and some will be filing complaints in due course.

 

See our CL finance threads.

[blipvert]

They had 'requested' (past tense) but investigations proved otherwise. A clear attempt to mislead by asserting an untrue 'fact' which to the ill-informed could be to the letter writers advantage (I wonder how often this threatogram actually works for them). I have to agree with post 4.

Edited June 29, 2009 by blipvert
typo

[make them aktiv runners]

I agree with DX100UK.

We have requested the County Court to enter Judgment against you.

It is for the court to pass on the paperwork of the claim. Nice of them to inform you of their actions, pity they do not enclose a copy of their claim itself.

 

A judgment Order detailing payment will therefore be sent to you by the court in due course.

This contravenes CPUT Regulation 7*. Clearly they cannot make an assumption judgment will be given even if they have actually received a copy of your defence. Neither can they make out you have no chance of addressing the court with affordable payments and must accept whatever they themselves have put.

* They will not have a CCA licence, however, LTSB can be prosecuted by OFT for any offences under CPUT done by another party on their behalf.

 

Please ensure payments are made in accordance with the Judgment Order to prevent enforcement proceedings....

Again, there are too many assumptions aimed at making the consumer unaware of the real court process, another CPUT breach.

[shirei12]

The very helpful woman I spoke to today said that I can produce this letter to the Judge

[make them aktiv runners]

The very helpful woman I spoke to today said that I can produce this letter to the Judge

 

Good point. Cannot see a judge taking kindly to some-one making his/her decisions on a their behalf.

[cashins]

Good point. Cannot see a judge taking kindly to some-one making his/her decisions on a their behalf.

 

Yes, it wouldn't help their case.

 

I suspect in many cases it is unlikely to come to that. Even if they have actually issued, (Northampton, it's cheap, no documentation required), only 20% of POC's result in actual court action.

 

David

 

PS Yes, I think they are on pretty thin ice, but it is LTSB!

 

David

[citizenB]

I kind of got the impression from the court when I phoned, that I was being covertly advised to make a complaint to the court.. which of course I did

 

all letters signed for on the 26th June:D

[shirei12]

CB any chance of a copy of that letter???

[kalijack]

This sounds like the letter I received from Bryan Carter and co. I have never received any papers from the court. I was going to write to them and offer a token payment of £5 per month, but I had no idea who these people were, and after googling them I ended up here. I am now sending them the CCA letter instead.

 

I did originally have a debt with Nationwide BS, which was mainly made up of bank charges. I did write to them ages ago (must be about 3 or 4 years) offering them token payments, but I never heard anything back.

[kel123]

SC&M sent me one too, exactley the same. Northampton said "but they know you have entered your defence; ignor it"

[citizenB]

CB any chance of a copy of that letter???

 

 

Which letter, the one I received or the one I sent to the court and SRA ?

 

Received a letter from the SRA today..

 

"A File has been opened in the Conduct Investigations Unit. I enclose an information sheet about this unit and it's approach.

 

Your file will be allocated a caseworker within the next 4 - 6 weks. Please accept my apologies for the delay. Once the caseworker has considered the matter they may send a copy of your letter to the solicitor concerned"

 

There is a bit more waffle but basically they are going to take a long time to investiage, presumably because they have loads of complaints !!

 

They might as well save time by not sending a copy of my letter to ****, because I copied them into both complaints and it says so on the bottom of the letter to the SRA. It is interesting to see they too, are reading my letters with due diligence

[Huff&Puff]

You would think that this would make a nice juicy story for the media. Certain solicitors have hundreds (possibly in the thousands in the case of Bryan Carter) of complaints made against them to the SRA without any discernable action ever being taken

[citizenB]

I think there are one or two threads along a similar line to this, HuffnPuff. If we can collect enough evidence that this is happening then perhaps something can be done.

 

This is one of the good things about a site like this.. eventually people will get to see they arent the only person being persecuted in this way and as a group can do something about it.

[shirei12]

Hi CB, The one you sent to courts and SRA. The more complain the better:mad: