Carltons Debt collection agency loses licence after director posed as lawyer

[boogiemaster]

Just found this post

 

http://www.debtwizard.com/news/banks-and-regulation/820-debt-collection-agency-loses-licence-after-director-poses-as-lawyer

 

Any thoughts?

[BRIGADIER2JCS]

IMHO, that is a rare occurrence, and

very easily detected.

The biggest problem to be addressed

is the ''solicitor for rent'' situation with

the solicitor allowing DCAs to use their

headed stationery as a method of intimidation,

until this is stopped, unnecessary stress caused

by the spurious threatening letters will continue,

the regulators seem totally oblivious of the problem

and fail to even recognise the problem

[queensclose]

i like the part

it was stated that “Mr

Green confirms that he states he is a lawyer”. Mr Green referred to his

contact with the Law Society in the early 1990s and attached an e-mail

from the Solicitors Regulatory Authority that confirmed that a lawyer is

“someone who worked in the legal profession, a very broad definition

 

does that make the cleaner in the crown court a barrister

[BRIGADIER2JCS]

I have a law degree and my work

involves law but I am not a solicitor,

but in definition I am a lawyer.

[Guest]

importantly, the oft also referred to the CPUTR Regulation 5 and '..commercial practices that are likely to deceive the average consumer by reason of their overall presentation.' and concluded that they were in contravention of this.

Edited September 23, 2011 by Ford

[BRIGADIER2JCS]

True.

[Guest]

and here's another revocation, re a 'convicted fraudster'!

http://www.consumeractiongroup.co.uk/forum/showthread.php?321122-J.S.T-financial

[theghost]

IMHO, that is a rare occurrence, and

very easily detected.

The biggest problem to be addressed

is the ''solicitor for rent'' situation with

the solicitor allowing DCAs to use their

headed stationery as a method of intimidation,

until this is stopped, unnecessary stress caused

by the spurious threatening letters will continue,

the regulators seem totally oblivious of the problem

and fail to even recognise the problem

 

If enough people are complaining about these issues then they will be more than aware.

 

However, what might seems wrong is irrelevant because the auhtorities can only use the law.

 

The problem is some people on this forum would have it so that DCAs can hardly do anything to collect a debt. That is at odds by the views held by the authorities.

[DonkeyB]

Once again, the ghost misses the point.

 

The point brig made is why should a solicitor be allowed to send 'rent' letters when they have zero knowledge if the facts? Being an agent for a DCA implies knowledge of the case. So why should they be allowed to put their names to threatening letters when they are ignorant of the facts?

 

Please troll off.

[theghost]

I didn't realise you were au fait with the inner workings of every DCA in the country.

 

If a solicitor allows their name to be used on something that turns out to be illegal then they will have to face the legal consequences. One would hope they would do their dlligence in checking what the DCA is sending out. Aside from that there is no real reason why a DCA shouldn't be able to 'rent' out a solicitor to send out letters on their behalf.

 

At the end of the day there are already plenty of regulations and rules limiting what a DCA or solicitor can put on said letters.

 

Edited to add - so what do you propose to resolve this so called problem? Ban solictors from acting for DCAs? Have soemsort of regulation to ensure the solicitor has a close relationship with the DCA? Who would enforce this?

Edited September 24, 2011 by theghost

[cups]

Just to add my two pennies worth!

 

Why as a solicitor would you not use some small amount of 'due diligence' in putting your name on a letter? Why would you ever not want to ensure that at some future you were not 'professionally embarrassed' by letters sent with your name on?

 

Quite clearly a solicitor is only ever allowing his name to be used for the money? Why else would you do it?

 

I have found that once you let the SRA know about questionable behaviour by a solicitor that they generally leave you alone.

 

I suppose you always have the offence of 'Fraud by false representation'

 

Cups

[LostAtSea]

I've got "Another One Bites The Dust" on repeat

[DonkeyB]

Ghost, your argument is like saying the police have powers to deal with murder, so murder is ok as there is a method of dealing with perpetrators. Your vision is one-eyed - that if a DCA.

[sillygirl1]

Ghost, why not read the Bryan Carter threads, and the Nelson Guest/Westcot threads, they are two 'solicitors for rent', you could also read the Shoosmiths threads as well for how these letters threaten and intimate things they cannot do and have very little intention of doing. I also have evidence of Westcot sending out documentation resembling court claims, albeit from a few years ago (very red letters they were). I would also suggest you read all the HFO/Turnbull Rutherford threads to fully understand the unnatural relationships that go on through this so called 'industry'.

 

You completely miss the point of the DCAs, yes they have a role to play but they have rules and regulations as well to abide by, at the VERY least the OFT Guidelines on Debt Collecting which they break left right and centre on a regular basis.

 

I wonder if I too can claim 'legal status' because during the 70's one of my friends worked for the Law Society and I sometimes used to meet her at work, and I have been writing defences for this forum for some time, I am seriously considering adding Defence writer onto my CV and listing my successes on it...

[BRIGADIER2JCS]

Ghost if you must support the wrong doings

that are so patently obvious, you might at least

try to understand what is actually going on in

the world around you.

Donkey B has it right just because legislation is

in place to deal with the lies, threats and posturing

of DCAs and the solicitors for rent it DOES NOT

MAKE IT RIGHT in any sense.

For your information I personally have no axe

to grind with the industry I have no debt problems

at all,I found CAG by accident and joined because I

believe that my qualifications and experience could

be of help to others, and unlike you I try to help not

criticize others.

So as DB and others say do your haunting troll act

else where

 

Edit: I guess you won't be reading this until

the sun goes down and you can get out of the crypt:evil:

Edited September 24, 2011 by BRIGADIER2JCS
Ghost hunting

[coledog]

Hear! Hear!

[LostAtSea]

The fact is there is legal recourse for recovering debt. If DCA's followed the rules then this part of the site would be redundant. What is offered here is advice to people who are being UNFAIRLY pursued by greedy DCA's that have, repeatedly, shown no intention of following the rules.

[queensclose]

being UNFAIRLY pursued by greedy DCA's that have, repeatedly, shown no intention of following the rules.

 

and how many times have they got away with it. how many family's have gone with out food. how many mothers and father have thought they have failed because they cant afford food paying these crooks

[LostAtSea]

Way too many times Queens, and its disgraceful. Its virtually impossible to fight back when your led to believe the whole world is against you

[theghost]

Just to add my two pennies worth!

 

Why as a solicitor would you not use some small amount of 'due diligence' in putting your name on a letter? Why would you ever not want to ensure that at some future you were not 'professionally embarrassed' by letters sent with your name on?

 

Quite clearly a solicitor is only ever allowing his name to be used for the money? Why else would you do it?

 

I have found that once you let the SRA know about questionable behaviour by a solicitor that they generally leave you alone.

 

I suppose you always have the offence of 'Fraud by false representation'

 

Cups

 

As you say - a DCA that hires a solicitor to genuinley draft proper letters has nothing to worry about

 

A rogue solicitor can already be caught by any number of regulations to prevent them from misleading consumers tec etc.

 

What they are effectivley asking for is significant regulation and I don't see it happening.

[BRIGADIER2JCS]

With the ''solicitor'' for rent

often I think there has been

no intervention by anyone with

even the smallest amount of

legal training or knowledge

hence the often inappropriate

issuing of a ''solicitors letter''

[theghost]

I imagine in many organisations you can send a 'legal' document off as long as it has been signed by a solicitor even if it was not written by them. If the **** hits the fan then that solicitor will take some of the flack.

[dadofholly]

So ghost what issue was it that you needed help with when you joined cag - or do you have a specific area of expertise that you feel could be of value?

 

Just asking as i dont see evidence of either.

Edited September 24, 2011 by dadofholly

[BRIGADIER2JCS]

That's because there is none:madgrin:

[wittsend]

and how many times have they got away with it. how many family's have gone with out food. how many mothers and father have thought they have failed because they cant afford food paying these crooks

 

how many have committed suicide (or thought about it) and left their family distraught,

because of these solicitors for rent, or,DCA's acting above their station,

 

I was a receptionist for a solicitors once upon a time, can i send a letter stating i am a solicitor. ??