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

[remus]

I have received a response from the legal complaints service.

 

A caseworker will contact me within 25 days to ensure they have all the information needed to progress my case.

[citizenB]

Thanks for the update, Remus. Hopefully, by the time they get around to replying to all of us.. all the letters sent in the last couple of weeks will have piled up

[BankFodder]

Heads up - Radio 5 Live tomorrow - about 7.30pm

[willtheywontthey]

what's on radio 5 live tomorrow then?

[Huff&Puff]

Donal McIntire. It will be available as a podcast next week, for those unable to listen live.

[cosalt]

Subbing in, looks like I am having similar problems with Howard Cohen..........

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/244710-buchanan-clark-wells-ccj.html

[Mightyacorn]

Just to prove that someone is listening at the LSO:-

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/182360-c-l-finance-awaiting-7.html#post2721005

[means2anend]

subbed!!!

[means2anend]

Bryan Carter-''Judgement obtained''.????..

 

I asked for a s78 copy on behalf of friend way back last July '09 and again in Oct 09 and received letter form Carter saying account was on hold and matter had been referred to their client Nationwide.No copy of CCA sent

 

Early this February 2010 out of the blue received letter stating a Judgement had been obtained and that He (Carter) was waiting for ''payment proposals from my friend'' ...I thought that was the Court's job..LOL

 

I wrote to him in late Feb requesting details of where the judgement etc...took place...

 

Then we received a subsequent letter saying our letter had been received and the matter was again referred back to Nationwide and account put on hold

 

In the meantime a letter from us had already been sent to the Office for Supervision of Solicitors AND SRA...we are awaiting the response

 

 

m2ae:)

Edited March 6, 2010 by means2anend

[Kraken1]

and the oft and trading standards as well, I hope.

[means2anend]

and the oft and trading standards as well, I hope.

 

 

mmmm

 

Are they POTENT enough!!!

[Kraken1]

I look at like a party. You can't complain it is a sucky party because no-one has taken a bottle. Likewise, they may or may not do something, but I would wager quite a lot of money that they certainly won't if no-one tells them...

[Jasper1965]

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

 

 

Would claiming to have the authority to instruct the Court like this constitute an offence under 135 (b) of The County Court Act 1984?

 

135 Penalty for falsely pretending to act under authority of court

 

Any person who—

(a)delivers or causes to be delivered to any other person any paper falsely purporting to be a copy of any summons or other process of a county court, knowing it to be false; or

(b)acts or professes to act under any false colour or pretence of the process or authority of a county court;

shall be guilty of an offence and shall for each offence be liable on conviction on indictment to imprisonment for a term not exceeding 7 years.

[means2anend]

I have received a letter on behalf of my friend from SRA this afternoon regarding Carter.

 

''I write further to your letter dated 26 Feb 2010.As you are aware a file has been opened in the Conduct Investigation Unit.

 

To assist us in considering your report I would be grateful if you could please provide copies of the correspondence that you have exchanged with the firm on this issue.

 

It would be appreciated if you could supply the required information within the next 14 days.

 

If in the meantime you have any queries please feel free to contact this unit.''

 

Yours sincerely

 

Amy Rheams

Customer Services Officer

Conduct Investigation Unit

 

m2ae;)

[citizenB]

Would claiming to have the authority to instruct the Court like this constitute an offence under 135 (b) of The County Court Act 1984?

 

135 Penalty for falsely pretending to act under authority of court

 

Any person who—

(a)delivers or causes to be delivered to any other person any paper falsely purporting to be a copy of any summons or other process of a county court, knowing it to be false; or

(b)acts or professes to act under any false colour or pretence of the process or authority of a county court;

shall be guilty of an offence and shall for each offence be liable on conviction on indictment to imprisonment for a term not exceeding 7 years.

 

It is always worth writing to the Court Manager and asking if this is true ! When **** advised that they already had a Default Judgement. Requested 2 days before the deadline, even though they had been advised a defence had been put in. I spoke to a clerk at Northampton who confirmed this was incorrect, they hadnt got the default Judgement, then went on to advise that I should write to the Court manager with a copy of ****'s letter.

 

I have received a letter on behalf of my friend from SRA this afternoon regarding Carter.

 

''I write further to your letter dated 26 Feb 2010.As you are aware a file has been opened in the Conduct Investigation Unit.

 

To assist us in considering your report I would be grateful if you could please provide copies of the correspondence that you have exchanged with the firm on this issue.

 

It would be appreciated if you could supply the required information within the next 14 days.

 

If in the meantime you have any queries please feel free to contact this unit.''

 

Yours sincerely

 

Amy Rheams

Customer Services Officer

Conduct Investigation Unit

 

m2ae;)

 

 

Please keep us updated.

[Mightyacorn]

Try this one I think Section 136 is more appropiate:-

 

 

http://www.oft.gov.uk/shared_oft/reports/consumer_credit/oft298.pdf

 

 

I have a complaint in with Legal Services Ombudsman about SRA's handling of a Complaint I made re Howard Cohen regarding a letter from them implying that a CCJ as in existence when it wasn't. I have no qualms in pursuing these scumbags to the bitter end. I may even consider a private prosecution depending on reply from LSO.

Edited March 6, 2010 by Mightyacorn
Spelling !!!

[Mightyacorn]

Full wording under the Act:-

 

135 Penalty for falsely pretending to act under authority of court

 

Any person who—

(a)delivers or causes to be delivered to any other person any paper falsely purporting to be a copy of any summons or other process of a county court, knowing it to be false; or

(b)acts or professes to act under any false colour or pretence of the process or authority of a county court;

shall be guilty of an offence and shall for each offence be liable on conviction on indictment to imprisonment for a term not exceeding 7 years.

 

 

136 Penalty for falsely representing document to have been issued from county court

 

(1)It shall not be lawful to deliver or cause to be delivered to any person any document which was not issued under the authority of a county court but which, by reason of its form or contents or both, has the appearance of having been issued under such authority.

(2)If any person contravenes this section, he shall for each offence be liable on summary conviction to a fine of an amount not exceeding level 3 on the standard scale.

(3)Nothing in this section shall be taken to prejudice section 135.