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Wright Hassall - I've read 'Newbies' need advice please

24

Comments

  • beamerguy
    beamerguy Posts: 17,587 Forumite
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    Johnersh wrote: »
    Depends what the specific target of the complaint is (I have a specific angle of attack in mind for the right case) but take your point regarding wider complaints in the context of a dysfunctional industry, where sols simply claim to act on instructions.

    Unless you can reach the inner sanctum of the SRA, they are certainly seen as dysfunctional and until proven otherwise, an old boys club. No point in claiming they are a regulator when they do not regulate
  • DaveC_79
    DaveC_79 Posts: 7 Forumite
    Johnersh wrote: »
    Since Wright Hassall appear to employ no-one of that name (check their website) this is clearly a debt collection letter intended to concern you.

    Can you upload a copy of the WH letter please. I wish to check whether it is compliant.

    http://
    s1174.photobucket.com/
    user/DaveC_79/library/
  • Umkomaas
    Umkomaas Posts: 41,336 Forumite
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    Johnersh wrote: »
    Since Wright Hassall appear to employ no-one of that name (check their website) this is clearly a debt collection letter intended to concern you.

    Can you upload a copy of the WH letter please. I wish to check whether it is compliant.

    This is his LinkedIn profile, but as you say, nowhere to be found now on the WH website (including their debt collection page), although I think I've seen it there in the past?

    https://uk.linkedin.com/in/timjhawker
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Fruitcake
    Fruitcake Posts: 58,223 Forumite
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    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • DaveC_79
    DaveC_79 Posts: 7 Forumite
    Thanks for the link, think its because Im a new user here
  • beamerguy
    beamerguy Posts: 17,587 Forumite
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    DaveC_79 wrote: »

    This is a LOR letter ..... A letter of rubbish

    These are scare tactics harassing you to pay.

    THIS IS A TIM HAWKER RUBBISH LETTER

    NONE of this can happen unless ...
    1: You lose in court
    2: You do not pay within 28 days as instructed by a judge

    Tim Hawker (or whatever his real name is) is talking pure rubbish

    Seriously, this type of letter MUST be sent to Trading Standards as it is menacing, threatening and harassment.
    For god's sake, this has not even been to court and they are
    telling you what that are going to do to you.
  • DaveC_79
    DaveC_79 Posts: 7 Forumite
    OK, Ill pass this onto trading standards, thx
  • DaveC_79
    DaveC_79 Posts: 7 Forumite
    Any further action I can take?
  • beamerguy
    beamerguy Posts: 17,587 Forumite
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    edited 6 July 2017 at 9:18PM
    DaveC_79 wrote: »
    Any further action I can take?

    The only action to take is to IGNORE Tim Hawker and his rubbish.

    You can give Trading Standards the link to this thread
    http://forums.moneysavingexpert.com/showthread.php?t=5675626
  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
    edited 5 August 2017 at 10:22AM
    Ok, so here is my proposal, which I appreciate we may not all agree with, but it is a bit more targeted than a generic trading standards complaint. Take it or leave it.

    I recommend that a complaint is made to the managing partner of Wright Hassall:

    I refer to your correspondence of [date]. I wish to make a complaint on the basis that your letter is threatening, misleading as to the law and an abuse of the process of debt recovery. I refer to SRA Warning Notice 11/06/2013 ("the Warning Notice").

    (for MSE forum reference/background, see here: http://www.sra.org.uk/solicitors/code-of-conduct/guidance/warning-notices/Debt-recovery-work-and-relationships-with-debt-recovery-businesses--Warning-notice.page )

    To the extent that the correspondence may have been sent by a third party, the letter is on Wright Hassall letterhead and the firm is responsible for the content. I wish to raise the following points:

    1. Your letter states you or agents on behalf of your client will seek to obtain a CCJ which may affect
    1.1. My ability to obtain credit
    1.2. My ability to borrow funds
    1.3 My ability to obtain employment
    1.4. Be subject to bailiff enforcement or an attachment of earnings order.

    All of the above points are misleading as to the position and may impair access to justice. The Court will determine any dispute if proceedings are commenced. In the event that a Judgment is awarded in your client's favour none of the above will occur provided that the Judgment is paid promptly. This is not made clear precisely to prompt the recipient into early payment and to discourage any defence of the action (however meritorious).

    2. The full extent of Court enforcement is set out within the letter in a manner which is aggressive and intimidation without making the process of debt recovery clear (in clear disregard of the Warning Notice).

    3. Your correspondence gives rise to no consideration of the recipient's position or any defence of the proposed action or consideration of negotiated settlement, only payment of the debt, which is neither admitted nor proven

    4. At £146 the debt sought would appear to be set at a level beyond that which is likely to be recoverable in the small claims court (or at all) and may therefore misstate the correct legal position regarding the recovery of the parking charge in this matter, were your client to be successful.

    5. The letter received appears to come from an individual who purports to be Head of Debt Recovery at Wright Hassall. Despite this, he is not listed on the firm's website and is not a registered solicitor. It is unclear as to what his position is or if he exists. It is further not clear that Wright Hassall have appropriately represented their status as required by the Warning Notice.

    We expect you to accurately and openly represent your authority/status in all communications, and to convey in those communications the correct legal position with regard to debts and the debt recovery process.

    I look forward to hearing from you.

    :) cathartic, that.
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