Solicitors playing dirty it seems

[DeRichleau]

I have a creditor making a claim against me using a firm of solicitors who appear to be behaving incorrectly.

The claim has been made and a defence will be filed. However the solicitors have proceeeded to send me two e.mails with PDF versions of the claim complete with responce pack, then amazingly the details of claim appeared at my workplace in an open envelope with no address or covering letter. God knows how many people have had access to this info. This must be unethical, and possibly illegal. It appears just to have been done maliciously in order to bring pressure to bear.

Could you give me some advice how to proceed against the solicitors please.

[DeRichleau]

Anybody??????

[howardhewit]

Dear DeRichleau,

 

Could you please provide some background information regarding the case.

 

DeRichleau

Solicitors playing dirty it seems

 

I have a creditor making a claim against me using a firm of solicitors who appear to be behaving incorrectly.

The claim has been made and a defence will be filed. However the solicitors have proceeeded to send me two e.mails with PDF versions of the claim complete with responce pack, then amazingly the details of claim appeared at my workplace in an open envelope with no address or covering letter. God knows how many people have had access to this info. This must be unethical, and possibly illegal. It appears just to have been done maliciously in order to bring pressure to bear.

Could you give me some advice how to proceed against the solicitors please.

 

They are not required to provide a covering letter and I assume that details of the claim must have been delivered personally by them to your workplace (or by somebody acting on their behalf).

 

Regardless of this, you can explain the situation in your Defence and state that you believe that solicitors acted unreasonably by leaving such private documents lying around in an unsealed envelope.

[DeRichleau]

Thank you for that. Is this unreasonable behaviour in breach of any code of practise and would it be worth complaining to the OSS, who I believe have some say in this sort of thing.

[sillygirl1]

You MUST name the solicitors in order to receive more help, some firms are more well known than others for dodgy dealings and various experts on this site can help a lot more.

 

You can complain to the solicitor directly and if they don't apologise and correct any problems then you complain to the Solicitors Regulatory Authority and to Trading Standards.

[DeRichleau]

This is an individual suing me not a corporation. I am reluctant to give info except by PM. The place I work is sensitive to public info, (more reason for complaint) and the individual is well known as well. Sorry to be so cagey, but I am fairly well known in my field as well. I realise this helps not one bit! Suffice it to say that I can be trusted to be entirely on the side of the CAG and its work, so if anybody elects to contact me by PM to offer help, it will go no further. I do hope this does not sound too arrogant or self important, and that you understand.

[howardhewit]

Thank you for that. Is this unreasonable behaviour in breach of any code of practise and would it be worth complaining to the OSS, who I believe have some say in this sort of thing.

 

Below is an extract taken from the Solicitors Regulation Authority, which can be found at http://www.sra.org.uk/handbook/

 

You must:

uphold the rule of la 1. w and the proper administration of justice;

2. act with integrity;

3. not allow your independence to be compromised;

4. act in the best interests of each client;

5. provide a proper standard of service to your clients;

behave in a way that maintains the trust the public places in you and in the provision of legal

services;

6.

comply with your legal and regulatory obligations and deal with your regulators and ombudsmen in

an open, timely and co-operative manner;

7.

SRA Code of Conduct 2011 forms part of Edition 1 of the Handbook, published on 16 September

2011. The regulatory material below came into force on 6 October 2011.

run your business or carry out your role in the business effectively and in accordance with proper

governance and sound financial and risk management principles;

8.

run your business or carry out your role in the business in a way that encourages equality of

opportunity and respect for diversity; and

9.

10. protect client money and assets.

 

Clearly the solicitors you are dealing with are not acting with integrity and are not behaving in a way that maintains the trust the public places in them and in the provision of legal services.

[Gaston Grimsdyke]

Why would they email the claim form to you? Have you been served at your home address? It might be the case that they can't locate your residential address so might have obtained an order for substituted service at your workplace and by email, in which case the action is legitimate. If they haven't, then it is a breach of all sorts of rules.

[DeRichleau]

Another mystery! I have received the claim at my home address, but did not enter a defence immediately but after eight days. I genuinely believe that all of this activity is designed to put pressure on me. I am reasonably well known in the media world, if you googled my name you would come up with pages of details of me and my career. I often deal with celebrities and I feel this is a deliberate ploy to un-nerve me. To an extent its working, but at risk of sounding like somebody out of a sit-com. 'I didn't get where I am today by being pushed around by legal mercanaries' (Here I go again sounding self important) Thank you all so much for your help so far, I will take your advice and report back

[AndyOrch]

Hi DeRich,

 

Just a few pointers, if this claim is from CCBC (Northampton) then only receipt from them would constitute service, irrespective of any email PDFs.

You state you have received one at your home but only entered a defence after 8 days, well you have 33 days in total to Acknowledge (5 deemed served) so 28 (14 to Acknowledge and plea) and a further 14 to submit a defence (assuming you are defending all of the claim).

 

Regards

 

Andy

[DeRichleau]

Thanks Andy. It was from Mayors and city of london court in fact. No doubt it will be moved to a local court now I have defended. I believe this happens automatically, and you do not have to make a special application.

Tomorrow will tell me more about the documents turning up at work, when I contact the managers secretary. All they sent was th details of the claim, which found its way in an opened envelope into my mail pidgeon hole. It can not be justified by suggesting that the solicitors were unaware of my address, the full claim with responce pack was sent there as I stated. What posessed them to do something so brainless is beyond me. The only explanation is that it was done out of malice. I am no expert in civil law but I would be interested in knowing if they have compromised their position by this action. Court papers are usualy marked private and confidential for a reason.

[Ganymede]

Thanks Andy. It was from Mayors and city of london court in fact. No doubt it will be moved to a local court now I have defended. I believe this happens automatically, and you do not have to make a special application.

Tomorrow will tell me more about the documents turning up at work, when I contact the managers secretary. All they sent was th details of the claim, which found its way in an opened envelope into my mail pidgeon hole. It can not be justified by suggesting that the solicitors were unaware of my address, the full claim with responce pack was sent there as I stated. What posessed them to do something so brainless is beyond me. The only explanation is that it was done out of malice. I am no expert in civil law but I would be interested in knowing if they have compromised their position by this action. Court papers are usualy marked private and confidential for a reason.

 

 

The Claimant may get a stern word from the Judge but I very much doubt it would be fatal to their claim.

[DeRichleau]

I contacted these muppets as I was advised in this thread with a recorded delivery letter. They have not replied. I now need to make my complaint. Any help gratefully recieved. Meanwhile the Allocation Questionaire has arrived. Is there any advantage in drawing the courts attention to their behaviour in the box provided (anything you wish to draw the courts attention)

[rebel11]

Hi DeRich

 

Only the Court should be sending out Claims. The Claimant shouldn't be sending them out period. Especially to your work. Write a Letter of Complaint to the Court Manager, who can look into the matter. I would use the box to tell the Judge exactly what the solicitors have been up too. If you think fellow colleagues

have viewed or had the opportunity to view the contents of the envelope, make sure you tell the court in the box. The Court will view that as a serious matter.

[Gaston Grimsdyke]

The Claimant can serve the claim form if it likes, it doesn't have to be served by the court. It would need permission to serve at a place of work, however - unless the claim is against the Defendant in his trading capacity.

[rebel11]

http://www.consumeractiongroup.co.uk/forum/showthread.php?320409-legal-advice-HELP&highlight=court+manager

 

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

[Gaston Grimsdyke]

Try reading Rule 6.4(1)(b) of the CPR. The threads you linked to were unissued claim forms.

[DonkeyB]

We're both versions of the claim you received stamped by the court?

[AndyOrch]

And did they have a claim number and Court issuing address?

[DeRichleau]

I had better make myself a little clearer. The court issued and stamped summons with of course the detail of the claim arrived at my home address.

A photocopied copy of the details of claim only i.e. the bit the claimant typed on a seperate sheet of paper, together with the statement of truth and signiture arrived in an open envelope, and was (presumably) handed over to the reception, with my name written in biro on the cover.

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

My immediate boss is not one bit happy, and is giving his full support to me in respect of this one aspect of this matter. He is also aware of this thread and as long as I do not identify myself, there is no problem. Just to make it clear this is a private matter and the CAG will not be drawn into any public debate (I promise) and nor will any of your kind advice return to haunt you in any way.

So the next move is to contact the court manager then??

[Gaston Grimsdyke]

I think the best course of action is to approach the Solicitors' Regulation Authority. Serving unissued court documents at a place of work, in the absence of a legitimate explanation, is a no no and the SRA would have the teeth to deal with it. However, you first ought to make sure that there was no good reason for serving there - such as an order of the court. I would call the solicitors and ask the reason why the documents were served at your place of work - they may say they had the permission of the court to do so (in which case a copy of the order itself ought to have accompanied the papers), but if they can't offer a legitimate reason I would make a formal complaint to the SRA. That will get the solicitors running.

[AndyOrch]

Read here also Derich

 

CPR Part 6 - Service of Documents

 

Regards

 

Andy

[DeRichleau]

Thank you both for that. I have already asked for an explanation from the solicitors by recorded delivery letter. They have failed to reply in the last ten days. Also I have contacted the Claimant directly to make them aware. Still no reply, so I will get on with making a formal complaint, and (possibly) back it up with a letter to the court manager as well, unless you advise against.

[rebel11]

Hi De

 

Give the Court a ring tomorrow see if the Solicitors have asked for any permission to send a Claim to your place of work, or any other requests. Let us know what they say.

[DonkeyB]

I’m sure you have the capability to record your calls – make sure you do.

 

If you haven’t, shout and we can advise. Happy to lend you the gear to do it.