Court claim advice needed

[Fagin61]

Hi Guys,

I wonder if you could advise me. I have been a issued with a county court claim from a loan Company, however I believe the documentation they have issued is fake.

There is no claim number, no issue date, no response details and nothing stamped from the court. Indeed this documentation was posted with a stamp from Hertfordshire. It is an official looking documentation with the HM crest on the top of the page, but has a stamp of the loan Company on this single page, together with the Company phone number on the reverse. Even the paper is thin printing paper. I have had offical documentation from the courts before, so the difference has aroused my suspicions.

Surely the courts would take a false representation very seriously or this something " legally " they can do to try and scare people into paying?

Any thoughts?

[silverfox1961]

As it has no court stamp on it, it's a fake so I would report this misleading tactic to Trading Standards via Consumerdirect

 

As there is no claim number on it, it would be very hard for you to phone the courts up to make sure it isn't an error

[Fagin61]

Thanks Silverfox, it has no court stamp on it anywhere. Surely this is against the law, mis representing HM Courts?

[UnitedFront]

Just a guess, but if the form you've received is a "fake" and is designed specifically to look like a claim form, then could the following not apply:

 

Fraud Act 2006

Fraud

 

S2 Fraud by false representation

(1) A person is in breach of this section if he–

(a) dishonestly makes a false representation, and

(b) intends, by making the representation–

(i) to make a gain for himself or another, or

(ii) to cause loss to another or to expose another to a risk of loss.

(2) A representation is false if–

(a) it is untrue or misleading, and

(b) the person making it knows that it is, or might be, untrue or misleading.

(3) “Representation” means any representation as to fact or law, including a representation as to the state of mind of–

(a) the person making the representation, or

(b) any other person.

(4) A representation may be express or implied.

(5) For the purposes of this section a representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention).

 

Could it not be said that sending someone a "fake" claim form would be a misrepresentation of fact - namely the fact that court proceedings had been issued? If so, then undoubtedly a fraud??

 

Cheers

UF

[Fagin61]

Thanks United, my thoughts to this untrained eye as well.

[UnitedFront]

If it is a fake then I would personally make a complaint to the police if I were in the same position.

 

Cheers

UF

[citizenB]

Get in touch with Trading Standards and the OFT immediately if you suspect this is a fake court claim.

[Jasper1965]

Administration ofJustice Act 1970

40

1:--

 

(1) A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract,
 

(a) harasses the other with demands for payment which, in respect of their frequency or the manner or occasion of making any such demand, or of any threat of publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation;
(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;
© falsely represents himself to be authorised in some official capacity to claim or enforce payment; or
(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.


(2) A person may be guilty of an offence by virtue of subsection (1)(a) above if he concerts with others in the taking of such action as is described in that paragraph notwithstanding that his own course of conduct does not by itself amount to harassment.

(3) Subsection 1(a) above does not apply to anything done by a person which is reasonable (and otherwise permissible in law) for the purpose--

 

(a) of securing the discharge of an obligation due, or believed by him to be due to himself or to persons for whom he acts, or protecting himself or them from future loss; or
(b) of the enforcement of any liability by legal process.


(4) A person found guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

[snowy101]

If i were you i would inform trading standards & the OFT but first i would inform the police. Getting the police involved is very important & try & ensure they follow this up as fraud / trying to extract monies by deception. I would also look into the company to see what type of licence they hold & report them to the relevant bodies but the police would be my first call, if the police are involved it should concentrate the minds & actions of all other regulatory bodies & show you mean business. Good luck

 

Please keep us updated

 

Middx

[UnitedFront]

Jasper please see the following link, S40 Administration of Justice Act 1970 is NOT RELEVANT any more!!!!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?287720-S40-Administration-of-Justice-Act-1970-irrelevant-to-this-forum-in-almost-all-circumstances-use-CPUTR-s-instead!!&p=3233627#post3233627

[sillygirl1]

Which company is involved in sending this out - we need to know as we can offer further advice on getting them into trouble.

[sillygirl1]

Which company is involved in sending this out - we need to know as we can offer further advice on getting them into trouble.