gdp solicitors/incorrect surname

bondy_lad

Coupon-mad wrote: »

I agree, and as an ex-Bank lending team Manager myself, if I saw a very similar named CCJ I would be asking whether it's one and the same person.

Bondy lad, have you actually got a LBA or Letter before Claim yet? If so then you should respond to it as per zzzLazyDaisy's thread on LBCCCs.

it says,,",in order to recover the sum due ......may instruct us to take legal action in the county courtand to prevent such action ,we would invite you to contact ........to confirm your proposals in respect of this pcn" it does not state anywhere lba or letter before claim.

Stroma

Well they can't take action unless one is sent

bondy_lad

i will just wait and see then,thank you all,i will obviously keep you all updated as and when,,in the meantime keep fighting the fight guys.

bondy_lad

a few days down the line,but no further letters,off forum i have had had very mixed replies re incorrect spelling of surname, so will tread carefully,,but if i do get a lbc would really appreciate your input as i aint as clever as the main players on here,that includes zzzlazydaisy,will keep you posted and keep a look out for mr postman.

zzzLazyDaisy

bondy_lad wrote: »

ok,for some reason the other site who helps folk dont seem to want to help me ? so here i go again,,,took the wrap for my mate,,he parked in a p&d,unaware had to pay,,most of you will know where this was.so to prevent further stress etc,the follow up pcns have come to me but the surname is incorrect,,eg.bolt,,but addressed to colt for arguements sake,thus changing the whole surname,,the solicitors are doing their usual,by saying pay up or we will send you letter before action etc etc,,,all i want to know is,,if they actually do this,and i dont turn up in court,will it be a valid judgement against me,as incorrect name???? i honestly dont mind going to court if i have to,just want to know the answer,,much appreciated.

Re the misspelling of a name - it is not unusual for a late application to be made to change a name on court papers because of a mis-spelling. If all other details are correct, including the address, and the likelihood is that the correspondence has in fact reached the recipient, then the court will often agree to the application and just re-serve the papers. Personally I wouldn't risk it.

More seriously, if I understand the situation, you were NOT the driver and you are now preparing yourself to get involved in court proceedings, which will mean you falsely confirming to the court that you were the driver and, if the proceedings continue to a hearing, will also involve you lying to a judge about your involvement in this matter. Perjury is a very serious matter and potentially carries a stiff sentence.

http://www.bbc.co.uk/news/uk-21320992

I am not surprised the people on Pepipoo don't want to help you. We are not in the business of assisting people to lie their way out of trouble.

Sorry, I'm out.

Daisy

bondy_lad

daisy,very much not appreciated,,i took the rap purely to help a sick friend, if i do or when i do go before the judge there is no way i will or have ever considered lying to them,,if this immediately loses me the case so be it, but at least i will get in the reasons why i am there,i.e. this would in my opinion be the end of a dear sick friend,given the harassment they would rcieve, so please do not judge me,i did not think it would go this far,but still awaiting lba,to which if recieved i will deal with honestly.

zzzLazyDaisy

As soon as you file an acknowledgment of service confirming that you are the defendant and the driver on the day, you have misled the court.

If you file a defence as the driver you will have lied to the court.

It is not about anyone on MSE or Pepipoo 'judging' you. It is about YOU committing a criminal act.

If you don't get that, fair enough, go ahead. But be prepared to be slammed by the judge for misleading the court. I would not want to be in your shoes when you tell the him/her that actually you were not the driver after all, you were just pretending to be to help a sick friend! Don't expect any sympathy from the court - for either you or your sick friend.

D

bondy_lad

message recieved very loud and very clear,thank you,dare i ask,where do i go from here? or is it just a one way trip to jail or should i just pay them the £200 odd quid they want and end it.

Coupon-mad

Did you ever actually say 'I was the driver'?

If not then you can write a letter now from the registered keeper of the car to say that he has made enquiries and the driver was in fact 'real name and an address' - which means that you would indeed be off the hook. Such a letter must be sent by the registered keeper (not you).

How's about he makes that address your address so you can still handle all the letters for him? The driver's address can be given as any address that's 'serviceable' for him and it's not illegal to use your address for that purpose.

Only thing is, the next letter might then be a Letter before Action and you would need to be up to speed with advice & threads here if you still want to handle all this on his behalf (in his name). There are a few threads about how to respond to a Letter before Action, so it's not the end of the world and doesn't automatically = court!

And if your friend does get court papers sent to your house in his name, in the end, then you/he could always pay up then if he's not up to a court defence. You can settle any time before the hearing if it gets to that stage (and it may not if you sort this out and respond on his behalf each time, assuming he's happy with that).

I would NOT pay up in panic now just because the PPC currently have the wrong driver details.

bondy_lad

c-m you are a star,i never set out to lie to the judge,only a friend in need so to speak, my idea good or bad,i just wanted to help,will take your advice and see where we go with it,thank you and you daisy for all advice offered.c-m in answer to your question by the way,,no ,i have never said ,,i was the driver,to anyone as totally ignored all correspondance from (3 sets of scammers),,well ime sure you know who they are,,ending with gdp solicitors.