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Private firm have threatened court - and given date.

2

Comments

  • oldone_2
    oldone_2 Posts: 974 Forumite
    These are empty threats bordering on a criminal activity. If they actually do file the papers with the court, you will soon get to know, although you could contact the court on the 10th April to find out.
    The next course of action is to ignore. In all probability you will get another final threat from them.

    In cases where a PPC has actually filed court papers online, all you have to do is enter a defence (plenty of advice on that from here), and then wait. The PPC will probably not turn up in court since it would cost them - so you win by default.
  • Neil_B wrote: »

    Fraudulent IMO.



    Fraudulent?


    They can file anything.
    Not Again
  • Neil_B
    Neil_B Posts: 1,360 Forumite
    Fraudulent?


    They can file anything.

    That clearly sailed over your head then?

    You actually believe that time and date exists when they make it clear they have NOT filed anything yet - just threatening.

    Hence to claim a Court has set such - fraudulent, yes?
    -
  • germ73
    germ73 Posts: 14 Forumite
    Part of the Furniture
    I had the same from one of the scammers on a letter sent to me.
    I contacted the County Court and gave them the time, date and company name.
    They had no idea what i was talking about.

    Just another weapon in the scammers arsenal.

    Ignore
  • Orford
    Orford Posts: 2,199 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Delilah1 wrote: »

    IF YOU DO NOT CONTACT US OR PAY THE FINE BY THE DEADLINE DETAILED BELOW, THE AGENCY WILL AUTOMATICALLY FILE THE CLAIM TO THE COURTS WITH NO FURTHER NOTICE TO YOU.

    COURT REFERRAL DATE: 09 April 2009
    TIME: 10:00AM
    LOCATION: XXXXXX county court xxxx"
    By using the word Referral, they are not actually doing anything wrong, it's merely the equivalent of a Letter Before Action, however it is clearly designed , that if you read it quickly or are unaware of the legal niceties, to make you think there will be a court hearing on that day and at that time
  • Neil_B wrote: »
    That clearly sailed over your head then?

    You actually believe that time and date exists when they make it clear they have NOT filed anything yet - just threatening.

    Hence to claim a Court has set such - fraudulent, yes?
    -



    "COURT REFERRAL DATE: 09 April 2009"


    Unless I have missed the tail end of March & the beginning of April I would suggest nothing has sailed over my head.

    "referred for court processing "

    "in addition to the normal court claim forms the following information will be presented before the court"

    They are implying action will be taken, anyone can file whatever they want at court & implying a course of action isnt fraud.
    Not Again
  • Neil_B
    Neil_B Posts: 1,360 Forumite
    "COURT REFERRAL DATE: 09 April 2009"


    Unless I have missed the tail end of March & the beginning of April I would suggest nothing has sailed over my head.

    "referred for court processing "

    "in addition to the normal court claim forms the following information will be presented before the court"

    They are implying action will be taken, anyone can file whatever they want at court & implying a course of action isnt fraud.

    Fair comment. I concede that yourself and Orford are most likely correct.

    I do believe I actually fell for it as Orford described.

    The only remaining part I would say is most dubious is the mention of a 10.00am time. Clearly misleading.
    -
  • Neil_B wrote: »
    Fair comment. I concede that yourself and Orford are most likely correct.

    I do believe I actually fell for it as Orford described.

    The only remaining part I would say is most dubious is the mention of a 10.00am time. Clearly misleading.
    -


    Its designed to frighten people. Poor practice but perfectly legal unfortunately.
    Not Again
  • sarahg1969
    sarahg1969 Posts: 6,694 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Its designed to frighten people. Poor practice but perfectly legal unfortunately.

    It's possible that this is relevant:

    The Administration of Justice Act 1970.

    Section 40 of the act provides that 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 contract, he or she:
    harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;
  • Thanks to everyone for their advice. We will sit tight and wait to see what happens.
This discussion has been closed.
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