Legality of Mr Munn 'Solicitor' Threatograms

[pumpytums]

Not sure if this has been covered before.

 

I have over the past 8 months received several legal threatograms as we like to call them. Obviously 99% of these are generated by the current DCA and have probably never seen a solicitor in ther short lives. My point is I recently received a standard threatogram from the beloved Mr Munn.

 

Having dug into the legality of said comunications I do believe that Mr Munn has been rather naughty.

 

The following link is to one of the SRA's rules of conduct.

 

Solicitors Regulation Authority - Code of Conduct: Rule 7

 

I made some enquires and it appears that Munn's is a firm of solicitors which is fair enough so no company number registered address etc. But and its a big one I quote.

 

Identifying your firm

 

• 
   
  Rule 7.07(1), as amended on 31 March 2009, applies to the letterhead, fax heading, website and e-mails of a recognised body or recognised sole practitioner. The effect of the rule is that:
  
  • (a) a sole practitioner must state his or her SRA number and the name under which he or she is recognised;
    
  • (b) a partnership must state its SRA number and the name under which it is recognised; and
    
  • © an LLP or company must state its registered number from Companies House and its corporate name.
    

So it appears that Mr Munn has breached the above rule or the threat monkeys have old stationary I don't seem to see a SRA number anywhere.

 

Looking on the law society website it appears that Mr Munn is indeed by himself so I'm not sure where the term "Solicitors" on his letterhead comes into play.

 

Has anyone else received such threatograms without the required info?

 

Pumpytums

[vint1954]

Not sure if this has been covered before.

 

I have over the past 8 months received several legal threatograms as we like to call them. Obviously 99% of these are generated by the current DCA and have probably never seen a solicitor in ther short lives. My point is I recently received a standard threatogram from the beloved Mr Munn.

 

Having dug into the legality of said comunications I do believe that Mr Munn has been rather naughty.

 

The following link is to one of the SRA's rules of conduct.

 

Solicitors Regulation Authority - Code of Conduct: Rule 7

 

I made some enquires and it appears that Munn's is a firm of solicitors which is fair enough so no company number registered address etc. But and its a big one I quote.

 

Identifying your firm

 

• 
   
   
  Rule 7.07(1), as amended on 31 March 2009, applies to the letterhead, fax heading, website and e-mails of a recognised body or recognised sole practitioner. The effect of the rule is that:
  
  • (a) a sole practitioner must state his or her SRA number and the name under which he or she is recognised;
    
  • (b) a partnership must state its SRA number and the name under which it is recognised; and
    
  • © an LLP or company must state its registered number from Companies House and its corporate name.
    

So it appears that Mr Munn has breached the above rule or the threat monkeys have old stationary I don't seem to see a SRA number anywhere.

 

Looking on the law society website it appears that Mr Munn is indeed by himself so I'm not sure where the term "Solicitors" on his letterhead comes into play.

 

Has anyone else received such threatograms without the required info?

 

Pumpytums

If he has not used his registered address and company registration number on his letters, he/They are also in breach of the companies act 1985 and that is a criminal offence.

[Seminole]

In any sane world the SRA would stop solicitors from allowing DCAs to send out ;etters on their behalf unless the DCA has applied the same standards of data quality that the solicitors would be required to use themselves. For example I don't think a any solicitor would seek to recover a debt unless they had seen evidence that the debt was due and was based on a real contract.

 

The reality is that the SRA hasn't dealt with this situation and it is disgraceful.

[pumpytums]

So I would be perfectly be in my rights to issue a formal complaint through the SRA?

I don't like picking on the little guy which I do believe Munns is but at the end of the day, when a layman myself included (though I'm learning) sees the name solicitor and panics.

By allowing ones "name" to be used as you said Seminole it is rather disgusting. The letter heading of a solicitor should not be allowed to be as a weapon against individuals especially when less than human DCA's are involved.

 

I believe I will be making an official complaint.

 

I urge others to do so.

 

 

Pumpytums

[Guest HeftyHippo]

you should complain pumpy. the fact is, the debt collection industry is based around scare tactics and intimidation, and common weapons are terms such as 'solictor' 'court' 'ccj' 'charging order' 'attachment of earnings' 'lose your home' even when there is no intention of deploying those activities, or even when the debt doesn't exist. as seminole says it is a disgrace that the industry is so little regulated or policed.

[NailPost]

Don't feel bad about "picking on the little guy". This "little guy" had no qualms about picking on you, perhaps without seeing any evidence about this alleged debt which may or may not exist. Turning the fire back on them would help make the point in no uncertain terms solicitors behaving in this way is completely unaccptable.

 

A "little guy solicitor" who tried it on me is no longer in this sordid business after I turned the spotlight on him. he has gone back to writing wills for little old ladies and conveyancing.

[Guest HeftyHippo]

god point nailpost, anyone in any business that cares so little about their name and reputation and proferssoin that they sell their name to anyone with no quality assurance and no checking that the name will be used in the correct fashion deserves what they get

[GuidoT]

From

here (I am not sure if you can complain if they are not instructed by you):

 

2. This Section deals with complaining about a Solicitor

Solicitors code of conduct (full) PDF

1. Making a complaint about a solicitor

LEGAL COMPLAINTS

This Section deals with complaining about a solicitor

1. Making a complaint about a solicitor

 

If you would like to complain about your solicitor’s standards of service, professional misconduct or high billing you should first raise your complaint with them.

You don't have to complain in writing – you could phone (make sure you get the name of the person you speak to) or make an appointment to visit the solicitor.

 

If you want to complain in writing we have a form (called the resolution form) to help you do this – available from The Law Society Helpline (0845 608 6565) or most Citizens Advice Bureaux.

 

If you don't receive a detailed reply from your solicitor within a reasonable time (approx. 28 days) or you are not happy with the solicitor's response you need to write to The Law Society, sending details of your complaint. You must ensure you contact them within six months of the end of the work which the solicitor did for you, or within six months of the solicitors final response to you

your complaint, whichever is later.

 

The Law Society is responsible for setting the rules for professional conduct for solicitors and monitoring them to make sure they comply with the rules. They deal with complaints against solicitors by investigating and if necessary disciplining them.

 

You can contact the law society (England & Wales) complaints dept. through the following direct link:

http://www.lawsociety.org.uk/choosingandusing/redressscheme/contactus.law

 

 

Law society for England

113 Chancery Lane

London

WC2A 1PL

Tel: 0207 2421222

E Mail: [email protected]

Website: www.lawsociety.org.uk

[fiftypence]

Yes he can complain - he is not complaining about service standards as a client he is bringing to the attention of the regulatory body evidence of a solictor acting in contravention of the rules as laid down by the regulatory body. He won't get much for his troubles but if the SRA deem it necessary they can give Mr smalltime lawyer a good kicking

[pumpytums]

I thought that I couldn't complain until I found the following

 

 

Complain about someone else's solicitor: How do I do this?

 

We can't deal with your complaint if it is about the service provided by someone else's solicitor or about the impact on you of the actions of someone else's solicitor – for example, divorce proceedings.

Action can only be taken if the solicitor has broken the rules of professional conduct – which all solicitors must follow. Breaking these rules, is called misconduct.

 

 

Some examples of possible misconduct

• the solicitor lies to you or others
  
• the solicitor uses his or her position to gain unfair advantage of you
  
• the solicitor is holding money that belongs to you
  
• the solicitor fails to comply with an undertaking they have given to you or your solicitor
  
• the solicitor discriminates against you on the basis of race, religion, gender, sexual orientation, disability or age
  

If the solicitor has engaged in misconduct, the Solicitors Regulation Authority can take action in the public interest. But the SRA can't pay you compensation.

Before you write to us, it might be useful to discuss your concerns with your own solicitor, or call our helpline – 0845 608 6565.

 

Oh dear "the solicitor uses his or her position to gain unfair advantage of you " sounds very valid. I will be checking the postmarks on the letters (DCA & Solicitor) tomorrow I wonder if they match???

 

 

Found another one this time from our special friend Bryan looks like he (though no alone) seems to have omitted his SRA number too?? I have a letter from Aplins somewhere else, I wonder If they forgot their SRA number also.

 

I would love to know how much an solicitor charges per headed blank page. I would imagine they have their bits covered along the line somewhere.

 

 

Pumpytums

Edited November 24, 2009 by pumpytums

[pumpytums]

Just noticed something on the find a solicitor site.

 

Am I correct in assuming that to take someone to court you need to be trained in Civil Litigation? If so I do believe Mr Munn doesn't seem to have the qualifications.

 

Check him out on the following site

 

The Law Society - Find a solicitor

 

 

Pumpytums

[fiftypence]

No. You can take someone to court without legal representation, i.e. do it yourself, you don't have to be qualified. Although if you want to do it and represent someone and charge appropriate fees you do need to be qualified.

[pookeymonkey]

I had a letter from Mr Munn on behalf of ARC.

 

I looked him up on the Law Society's website and sent a letter of complaint direct to him as the account was in dispute. Judging by the address and the fact that it was signed for on a Saturday morning I think he works from home .

 

I have never had such a quick responce from a DCA! Trying to defend their Solicitor and telling me that he was acting on their instruction.

 

Arc dropped the account like a very hot potato and Cabot have bought it - now the fun begins!

 

Pookey

[diddydicky]

why dont you write to HIM and point out the defects and ask for HIS response

 

THEN if you dont get a satisfactory response you could take it further

[pookeymonkey]

This is where the address you need is

 

The Law Society - Find a solicitor

 

Pookey

[pumpytums]

why dont you write to HIM and point out the defects and ask for HIS response

 

THEN if you dont get a satisfactory response you could take it further

 

Good point that, a good line would be to determine if the said letter was sent by his office. As someone said getting his firm to do some work could be a very good angle as he needs to address such a enquiry. Maybe everyone should do this it would cause a real pain. Another point would be the lack of civil litigation, how could he possibly put forward a case without the required frame on his wall.

 

As the title of this thread they are simply an empty threat another underhand "trick" by dca's to get you to panic.

 

Pumpytums

[palomino]

Do you know if Mr Munn has his own website?

 

Some solicitors have a some website software where they can bung a persons name, address and other details in and it will initiate a letter to the recipient as though it was being sent from the solicitor. In reality the solicitor knows nothing about the details of any letter as the process is all automated : only the creditor (or DCA) knows about that. The creditor is billed a small fee automatically for each letter as well.

 

Perhaps Mr Munn has a system like that.

[pumpytums]

Do you know if Mr Munn has his own website?

 

Some solicitors have a some website software where they can bung a persons name, address and other details in and it will initiate a letter to the recipient as though it was being sent from the solicitor. In reality the solicitor knows nothing about the details of any letter as the process is all automated : only the creditor (or DCA) knows about that. The creditor is billed a small fee automatically for each letter as well.

 

Perhaps Mr Munn has a system like that.

 

And the SRA allows them to do this? Unbelievable, but nothing now surprises me about the industry now. If you actually look at the letter it has a spangly letter head but the signature is just a font no pp for example.

 

So firstly a letter regarding if the letter was sent from his office. Then maybe one explaining the lack of SRA details etc. Time for him to earn his letterhead money I feel.

 

Pumpytums

[reallymadwoman]

I actually think this needs to be a new campaign.

 

If every CAG member who gets a 'fake' solicitors letter complained first to the solicitor and then to the SRA, at the very least we would cause serious hassle and at best the SRA might put a stop to this practice.

[fiftypence]

Here's one such firm that allows you to 'rent' their letterhead

 

HL Legal

 

They have changed their pricing, you used to be able to do it on a one off basis but it looks like you have to buy in bulk now - just shows what sector of the market they are targetting, must be profitable for them even at 75 pence per letter

[palomino]

That's not the one I recall but the principle is the same.

[Seminole]

Here's one such firm that allows you to 'rent' their letterhead

 

HL Legal

 

They have changed their pricing, you used to be able to do it on a one off basis but it looks like you have to buy in bulk now - just shows what sector of the market they are targetting, must be profitable for them even at 75 pence per letter

 

I need to spend more time on the SRA site but it's hard to see how this sort of thing complies with Rule 2 as set out here Solicitors Regulation Authority - Code of Conduct: Rule 2 - Client relations

[fiftypence]

I dare say the practice is sailing close to the wind. Must be worth sending an email to the SRA asking if the practice is in breach of guidelines or not (with a link to the website of the offending solicitor ), at least it might bring a little heat to bear on those solicitors who think renting out their letterheads in this manner is acceptable.

[Seminole]

I dare say the practice is sailing close to the wind. Must be worth sending an email to the SRA asking if the practice is in breach of guidelines or not (with a link to the website of the offending solicitor ), at least it might bring a little heat to bear on those solicitors who think renting out their letterheads in this manner is acceptable.

 

Funnily enough I was thinking of doing just that but I want to do some more background reading first. I'll post what I send over the weekend.

 

There's something pretty offensive going on here. Solicitors are renting out their names to organisations that are using them to intimidate whilst not undertaking the sort of due diligence that they would normally have to apply if they were truly working on their behalf.

 

The trouble is that I think this is a path that others have gone down to no avail. I suspect that on this sort of thing the SRA is about as useful as the CSA or the BBA

Edited November 27, 2009 by Seminole

[diddydicky]

well how about if you "rented it out" and then used it to send a threatening letter to the SRA and demanding payment of an alleged debt!