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Hello I would like some advice on how to put in a complaint about a solicitor/firm. I have read related posts in here and have realised from what I have read that the solicitor has acted illegally as they have so far got two CCJ's for the same debt (I have just paid the second one as I got a warrant of execution).

 

this is the legal bit that i found in here:

 

35 divison of causes of action

it shall not be lawful for any plaintiff to divide any cause of action for the purpose of bringing two or more actions in one or more of the county courts.

 

I read in another post to contact the Law Society. I have called them and was told that the legal ombudsmen now deal with complains. I in turn called them an they gave me a different number and then this number told me to go to their website (sra.org.uk). I have found a form to complete but I would like to check that this is the correct way to put in this sort of complaint as I just want the company to stop hounding me and leave me alone as I have had another letter through demanding more money (this is after paying the two CCJ's).

 

 

incase more details are needed before anyone can help me this is a very old debt (way past the 6years) and so I was amazed last year when a county court letter/summons (do not know what it is called) arrived for a small percentage of the debt. I sent details to the court stating that I did not owe this money but somehow I presume the details were lost as the next thing I knew I had a CCJ for £337. I paid this in full on 22nd July 2011 and prior to this I spoke to the court who confirmed that was all I needed to pay and I would not be contacted again and the CCJ would not appear on my records - that was the bit I was most bothered about.

 

Anyhow then this week a warrant of execution arrived from my local court for £439.25. I had no idea what this was about so I contacted the court who had done the CCJ (Once again southend on sea) and they gave me the solicitors name. I called that number and then dodgedly i was put through to all different people and numbers and suddenly I am back talking to the lady who I paid the money to in July. I had no idea what was going on but she told me this is the 2nd CCJ for the next section of money I owe to them and I need to pay it immediately to my local court. She then also started harrassing me about when will I be making more payments and then another CCJ will be done again soon.

 

I just had no idea what was going on and I paid the warrant of execution today. I have also now had in the post details from this company which has a history print out showing the CCJ last year and the money I paid and then listing this one so i have evidence from the claimant that this is a second CCJ for one and the same debt.

 

I am so upset as I just dont know what to do to get this company to leave me alone. Also all the phone calls and various documents all relate to the one debt but have contained a whole assortment of names (all apart from one which are based at the one address). The main address being:

5th floor, maintland house, warrior square, southend on sea.

 

The solicitor is ELS & Cole and the various claimant names and phone conversations have been with rockwell and now the new name of arrow global ltd (when i googled them it showed as they are a company in manchester).

 

so anyway is that form the correct way to complain about the solicitor and do i put their name on the form or the other names? also what else can i do in the interim to stop more court action and get this horrendous company to leave me alone finally. the latest letter is now demanding more money from me once I have paid the 2nd CCJ and is also asking me for copies of my driving licence and passport.

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and now I have had another read the solicitors letter states opening hrs on saturday which i am sure is not how solicitors normally run so am i still able to put in a complaint if they are not actually a solicitor (the bottom of the letter has a SRA no listed)

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If they have a SRA number they are regulated by the Solicitor's Regulation Authority and you can complain to them.

 

I think if you go to the Law Society website they have a database of every registered Solicitor's firm so you can search against the firm's name to find out for certain what they are.

 

As for the CCJs, what are they actually for? I presume they're not for two similar debts accruing consecutively (such as an unpaid utility bill for which you can be sued for each one)?

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The 2nd CCJ I did not know about until the warrant arrived. I called the court instantly and was told who the company was (I had never heard of them) and was given the solicitors number. I asked the court why I was not told about the CCJ and they said they had told me and that if I want the paperwork again there is a charge so I do not know anymore than what the warrant said.

 

Anyway when i got through to the solicitors (ie department of a debt company) and then through all the departments it is just the one debt which was a loan which i had last paid a payment towards in 2003. They have sent paperwork out today which lists the amount they said i owed then shows the first court costs etc and the payment i made in july and then underneath this the latest CCJ costs. So 100% definitely a second CCJ for the same debt which all the notes seem to state is illegal.

 

I will go and check the SRA number now.

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Hang on a minute, are you sure this is actually 2 different CCJ's and not just a warrant issued on the first CCJ? You say the CCJ was for £337 and the warrant you have is for £439.25 - well the costs and solicitors fees to issue a warrant are £102.25, which is the exact difference between these two figures. Check the claim number on the CCJ and that on the warrant notification - are they different? Obviously there would then be the issue of why a warrant was issued on a CCJ which had been paid in full, but as it stands you might be barking up the wrong tree here.

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No they are definitely two separate ones. The first CCJ was paid last July and when i called the court this week querying the warrant and what on earth the CCJ was it was dated January 2012 so most definitely a second one for the same debt and the paperwork the solicitors sent me which arrived today shows two lots added to the same debt and my payment in between.

 

I have checked the solicitor and the name and address and phone number link to here as I already knew from last summer as i originally thought it was all dodgy but the court told me it was legitimate. elscole dot com but the phone numbers, address and opening times on the letter corrosponds with the address of the debt collectors which i put above (when you goggle that address this shows as being tessera, rockwell, etc).

 

the main things i need to know how to do are

 

how to get the company to leave me alone as i do not owe anything to them

how to get my money from the second CCJ refunded as I did not even owe it as it is the same debt

how to get the CCJ removed from my file as it is incorrect (I paid the first one in the first month to make sure my file was not marked with a CCJ as i am a sole trader)

make sure how i want to officially complain about the solicitor that the form is correct

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also the first CCJ was in the claimant name rockwell and the second CCJ (as listed on the warrant) is claimant name Arrow Global (once again with the same address) so two different claimant names but all for the one debt and both with the same solicitor and the same address

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Ok, just for clarity, are you certain that both claims are for the full balance and not, for example, just arrears? There is nothing wrong with issuing consecutive claims for different arrears accrued on the same loan. I don't see how the statement you have can reconcile if it shows you paying the full balance on the first CCJ but still leaves a balance to be sued for a second time?

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I think you need to bring this to the attention of the court, there may be two different claimants but the second one certainly knows there is already a CCJ in place for the loan and shouldn't have brought another claim for the remainder - these firms work on the assumption that you don't know your rights and therefore will just keep paying up. Have you actually paid this second warrant ?

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It is one and the same company as when i called the solicitor (as southend court told me to do this week) i got put through all these numbers and then to a woman who dealt with the first CCJ and she told me that yes this is a second one on the same debt (I just did not know how this was allowed and that it is not allowed).

 

yes i paid the warrant this morning as i have spent days trying to get hold of bailiff and when they finally answered i asked if i could at least pay in installments as i have only had 5 days to get the money together and they told me it is too late for that as it has to be paid in full before 27th. so yes i have now paid two CCJ costs and the warrant fees all for the one debt.

 

I just want to know how to get the company to now leave me alone as i am terrified another warrant or CCJ will arrive without me knowing and i have used everything we had saved to pay the figure today.

 

Is there a standard letter i can send to them stating i have paid two CCJ's in full and I therefore no longer owe anything on this debt?

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no the CCJ's (well the first that i have seen) was not for arrears it stated that I owed £337. But I could not be in arrears as I have never even agreed to pay this debt to this company/companies until there was a CCJ and I had to pay the full amount.

 

The history documentation on different sheets shows a loan figure of 6,352 dated 2003.

 

then nothing until the next sheet states new debt created dated 2005 (26 months later) for 6352.23

 

then it shows court costs dated 18/04 2011 and then judgement costs 28/06/2011

 

then it shows my payment of £337 as the CCJ/court told me i had to pay it within one month even though i had disputed or else CCJ would remain on my file

 

then it shows additionally summons fees in nov, judgement fees in jan and then warrant fees added this month

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When did you last make a payment towards the 6,532 debt (before any court action was taken)

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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I have never made a payment towards the 6352 since it was sold on to a debt collection company in 2003 (I confirmed this was what happened with the loan company today). then in 2011 the first CCJ and now this second one. Last year I told them this was an old debt and I had never been contacted by anyone about it.

 

Also I used to check my credit reports (for over 2 years) and this debt had never appeared and I have just signed up to them again and once again this debt does not show. the latest CCJ unfortanately does currently show but the bailiff office earlier told me today that it will automatically be removed in a couple of weeks.

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So they've got a CCJ on a statute barred debt? if you have never made a payment towards it between 2003 and 2009/10 then the debt was statute barred and they would have known that when they applied for the CCJ!

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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When I first got the court papers (sorry cannot remember the words for it all) I filled them in as firstly I wanted to know what the debt was as under the claimants name it meant nothing to me and secondly I knew I did not know anything to anyone. Supposedly the court did not get papers or ignored them (I do not know as I was not sent anything in between) and then the first CCJ arrived. I then called the court who told me I had to pay in a month and to call claimant to make payment. when i called them I told them I do not owe anything as I do not have any active debts and I was just told that the court had ruled I had to pay £337. I made payment as the court told me to as I did not want a CCJ to ruin my small business so i paid it and then they were supposed to send me details. I did not get anything sent to me until this week and i do not even believe some of the documents. the statement enclosed from the original loan company for example shows all the payments etc until debt was sold in 2003 but it is on headed paper and dated june 2011 (ie must have been used to get the first CCJ) but the loan company today had to go through old archives to find any details for me as it is so long ago and they confirmed that they have not given these details or a print out of my statement to anyone since 2003.

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