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Passed onto a different firm despite SRA complaint, what now?
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Sploing
Posts: 15 Forumite
Hello,
I'm new to the forum but have been following some of the linked threads for some time, I was hoping somebody may be able to offer some guidance on where to go next.
The story so far is:
My mother received a LBA letter from Civil Enforcement LTD demanding £140 dated 05/10/16 (The postmark was from 10/10 and she received it on 11th or 12th), this related to an alleged breach of the terms and conditions of one of the car parks they manage on 27/06/16.
Unwisely she ignored the original PCN's and only told me about the issue when the LBA arrived.
The LBA was, predictably, lacking in detail and she responded on 24/10 with a letter pointing out that their LBA was not compliant with the Practise Direction and that, since it contained so little detail, she was not able to offer a response at the time.
She requested they send a PD compliant LBA within 30 days and warned that failure to do so would result in a complaint being made to the SRA. She did not receive a response.
On 25/11/16 she sent another letter pointing out that she had not yet received a PD compliant LBA and reiterating that she was not able to respond without one, she also outlined exactly where the initial LBA deviated from the PD and again, asked for a response within 30 days and also invited them to issue a POPLA code, she also informed them she had made a complaint to the SRA.
The complaint to the SRA was made on 25/11/16, she received an acknowledgement from them on 07/12/16 saying they would investigate and hoped to reply to her by 03/01/17 (They haven't as yet)
On 25/11/16 she received a letter from ZZPS debt collectors demanding £200, which she ignored.
On 09/12/16 she received another letter from ZZPS threatening to pass it on to their solicitors, which she ignored.
On 03/01/17 she received a letter from Wright Hassall solicitors purporting to be acting for ZZPS who in turn are acting for CEL demanding £236 and threatening to pass it to their litigation department.
I'm no expert but my understanding was that once a complaint was made to the SRA it put the action on hold until it has been investigated, passing it to another firm of solicitors seems like a cynical way of subverting this, especially when CEL hasn't responded to a single letter from my mother.
Incidentally, my mother was, and is able to prove that she was not even in the country on this date.
My initial though is to respond to (The aptly named) Wright Hassall acknowledging their letter and pointing out that CEL's own solicitors (Namely Michael SCHWARTZ) are already pursuing this claim which is subject to an SRA investigation and that they should decide between themselves who is actually pursuing any claim.
Is anyone able to offer any advice/guidance please?
Thanks in advance.
Sploing.
I'm new to the forum but have been following some of the linked threads for some time, I was hoping somebody may be able to offer some guidance on where to go next.
The story so far is:
My mother received a LBA letter from Civil Enforcement LTD demanding £140 dated 05/10/16 (The postmark was from 10/10 and she received it on 11th or 12th), this related to an alleged breach of the terms and conditions of one of the car parks they manage on 27/06/16.
Unwisely she ignored the original PCN's and only told me about the issue when the LBA arrived.
The LBA was, predictably, lacking in detail and she responded on 24/10 with a letter pointing out that their LBA was not compliant with the Practise Direction and that, since it contained so little detail, she was not able to offer a response at the time.
She requested they send a PD compliant LBA within 30 days and warned that failure to do so would result in a complaint being made to the SRA. She did not receive a response.
On 25/11/16 she sent another letter pointing out that she had not yet received a PD compliant LBA and reiterating that she was not able to respond without one, she also outlined exactly where the initial LBA deviated from the PD and again, asked for a response within 30 days and also invited them to issue a POPLA code, she also informed them she had made a complaint to the SRA.
The complaint to the SRA was made on 25/11/16, she received an acknowledgement from them on 07/12/16 saying they would investigate and hoped to reply to her by 03/01/17 (They haven't as yet)
On 25/11/16 she received a letter from ZZPS debt collectors demanding £200, which she ignored.
On 09/12/16 she received another letter from ZZPS threatening to pass it on to their solicitors, which she ignored.
On 03/01/17 she received a letter from Wright Hassall solicitors purporting to be acting for ZZPS who in turn are acting for CEL demanding £236 and threatening to pass it to their litigation department.
I'm no expert but my understanding was that once a complaint was made to the SRA it put the action on hold until it has been investigated, passing it to another firm of solicitors seems like a cynical way of subverting this, especially when CEL hasn't responded to a single letter from my mother.
Incidentally, my mother was, and is able to prove that she was not even in the country on this date.
My initial though is to respond to (The aptly named) Wright Hassall acknowledging their letter and pointing out that CEL's own solicitors (Namely Michael SCHWARTZ) are already pursuing this claim which is subject to an SRA investigation and that they should decide between themselves who is actually pursuing any claim.
Is anyone able to offer any advice/guidance please?
Thanks in advance.
Sploing.
0
Comments
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funnily Michael SCHWARTZ recieved several sanctions from the SRA last year , one was that he was not allowed to work as a self employed solisitor for any company without the approval of the SRA , as of 6th dec (last time I checked) , permission had not been asked nor given ,
perhaps Michael SCHWARTZ is acting illigally , or breaking sanctions ?
regarding CEL , the SRA cannot touch them as CEL do not answer to the SRA
PS: you will hit a brick wall , with the SRA , even when proved , they will take no actionSave a Rachael
buy a share in crapita0 -
If WH are stupid enough to launch a claim for £236, then part of the defence will be to question why CEL didn't take up their LBA threat from October for a mere £140 (which you dispute anyway), and therefore you regard this as a deliberate any cynical "inflation" of the amount allegedly owed, which again goes directly against PD. I don't think a judge would be amused if he/she saw the whole letter chain.0
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Some background reading
http://parking-prankster.blogspot.co.uk/2015/01/cel-turn-up-to-court-50-cases-of.html
http://parking-prankster.blogspot.co.uk/2016/01/civil-enforcement-limited-in-court.html
http://parking-prankster.blogspot.co.uk/2015/02/clock-is-ticking-on-cel-and-deal.htmlYou never know how far you can go until you go too far.0 -
Please delete the bit in your first post that says who was driving. The important bit is that your mother was not driving. Don't give the parking scammers who read these fora more information than is good for you.I married my cousin. I had to...I don't have a sister.
All my screwdrivers are cordless."You're Safety Is My Primary Concern Dear" - Laks0 -
Deleted now, thanks. It didn't occur to me that the shysters would check here!
Also, Wright Hassall? Is that a joke name?0 -
Messers Wright and a Mr Hassall started a company of solisitors over 100 , maybe 150 yrs ago , alas they have now lowered their standards to the situation where they will sell blank headed paper to anyoneSave a Rachael
buy a share in crapita0 -
I'm also wondering if, since this firm is not acting directly on behalf of CEL, I should just ignore them.
Any thoughts?0 -
zzps working or being paid on results by CEL , you dont think they offered to do it for nothing ?CEL employed themSave a Rachael
buy a share in crapita0 -
True, but the letter from WH said "instructed by ZZPS who are working on behalf of CEL"
Surely ZZPS don't have the authority to instruct a solicitor to lodge a claim on behalf of another firm?
I'm happy to reply to them stating that CEL's own solicitors are already pursuing this and that I consider their involvement to be both a breach of the PD leading to an unnecessary and dishonest inflation of the claimed amount and also a cynical way of subverting an SRA investigation already underway.
Or am I likely to be better just disclosing the fact my mother wasn't in the country at all and they have no claim against her?
Should I also forward the letters from ZZPS and WH to the SRA? I appreciate they aren't likely to help my mother but the greater the weight of evidence and volume of complaints against these scammers, the better.0 -
Or perhaps a letter to the landowners asking if any of the above firms have authority to act on their behalf?0
This discussion has been closed.
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