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  • FIRST POST
    • georgd84
    • By georgd84 10th Apr 18, 9:37 PM
    • 8Posts
    • 11Thanks
    georgd84
    MIL Collections - “Unreasonable conduct in litigation”.
    • #1
    • 10th Apr 18, 9:37 PM
    MIL Collections - “Unreasonable conduct in litigation”. 10th Apr 18 at 9:37 PM
    A judge has quashed a parking charge and seriously rebuked debt collection company MIL Collections Ltd. The Truro based company were also ordered to pay Ł750 in costs to the defendant because of their “unreasonable conduct in litigation”.
    The exceptional order came after Cornwall based Llawnroc Parking Services and MIL Collections had pursued motorist David George for payment despite Mr George having bought a parking ticket and proved this to the private parking company. Mr George was helped by members on these pages, along with BMPA and Private Parking Appeals director John Wilkie (acting privately as a Lay Representative) in his defence of a claim from MIL Collections for Ł215 after the alleged debt was incorrectly assigned to it by Llawnroc.

    MIL Collections Christopher Barrett, who calls himself “Head of Legal” for the firm, under cross examination from John Wilkie, admitted the company often provided fictitious names or pseudonyms on documents used in evidence. He agreed Paul King, G Watson and Matt Murdoch and Matt Murdock, names which often appear on MIL litigation, were all made up. In finding for the defendant and awarding exceptional costs Deputy District Judge Stephen Rutherford said:

    “If a professional debt agency brings a claim it must get the basic facts right…………
    Many of the letters were written by fictitious people or the names they used are pseudonyms, the problem is these letters were produced (in evidence) and that information would never have come out without the astute questioning of Mr Wilkie. They included wrong dates and wrong amounts, I can forgive one mistake when it gets to two or more I become worried.”

    The judge's criticisms of MIL continued:
    “Debt has to be properly assigned and a notice properly given. I’m not satisfied notice of assignment was properly given. I’m not satisfied this was a proper assignment in the first place. It was undated ……. and signed by a Mr Haddock which is a resemblance to a fictional character”.

    When awarding costs to Mr George, Deputy District Judge Rutherford said in a small claim court case
    “Costs are only awarded if there has been unreasonable conduct. Late service of the (evidence) bundle, failure to comply with the pre-action protocols, breaking the Financial Conduct Authority rules, failure to comply with court orders, adding additional administration charges twice, effectively a way of trying to get back costs over and above small claims costs by the back door, all of that puts MIL Collections as having a cost order against them. It amounts to unreasonable conduct in litigation”.

    After the case, the defendant, David George, said “ MIL Collections appears to use claims to the small claims track to scare people into paying debts which may be disputed, they use tactics which are, at best misleading to individuals like myself, and the judge has found them out and rebuked them in court”. Mr George also said he was extremely grateful for the help provided by John Wilkie, and to the BMPA and the many Private Parking blogs and websites for their help and encouragement.

    Ends
Page 1
    • Fruitcake
    • By Fruitcake 10th Apr 18, 9:46 PM
    • 37,590 Posts
    • 84,536 Thanks
    Fruitcake
    • #2
    • 10th Apr 18, 9:46 PM
    • #2
    • 10th Apr 18, 9:46 PM
    Oh dear, how sad, never mind. My heart bleeds for the scammers.

    Thanks for letting us know about this good result.
    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" - Laks
    • beamerguy
    • By beamerguy 10th Apr 18, 9:46 PM
    • 8,887 Posts
    • 11,747 Thanks
    beamerguy
    • #3
    • 10th Apr 18, 9:46 PM
    • #3
    • 10th Apr 18, 9:46 PM
    Is this another advert ???????
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • Lamilad
    • By Lamilad 11th Apr 18, 1:31 AM
    • 1,378 Posts
    • 2,822 Thanks
    Lamilad
    • #4
    • 11th Apr 18, 1:31 AM
    • #4
    • 11th Apr 18, 1:31 AM
    MIL Collections Christopher Barrett, who calls himself !!!8220;Head of Legal!!!8221;
    Hope he was legally qualified. It would be disgracefully misleading for him to operate under this title, if not.

    Some might even argue that any unqualified person who wilfully pretends to be, or takes or uses any name, title, addition or description implying that he is qualified, is committing an offence.
    Last edited by Lamilad; 11-04-2018 at 6:59 AM.
    • IamEmanresu
    • By IamEmanresu 11th Apr 18, 5:31 AM
    • 3,664 Posts
    • 6,000 Thanks
    IamEmanresu
    • #5
    • 11th Apr 18, 5:31 AM
    • #5
    • 11th Apr 18, 5:31 AM
    A transcript would be nice if you want to donate one to the "websites for their help and encouragement."

    And this was MIL's home court.
    If you want to win - avoid losing first. Here are a few examples
    1. Failing to Acknowledge or Defend https://forums.moneysavingexpert.com/showthread.php?t=5760415
    2. Template defences that say nothing https://forums.moneysavingexpert.com/showthread.php?t=5818671&page=5#86
    3. Forgetting about the Witness Statement
    • georgd84
    • By georgd84 11th Apr 18, 8:03 AM
    • 8 Posts
    • 11 Thanks
    georgd84
    • #6
    • 11th Apr 18, 8:03 AM
    Transcript
    • #6
    • 11th Apr 18, 8:03 AM
    Hi
    I understand a transcript is being organised and will be posted soonest.
    • The Deep
    • By The Deep 11th Apr 18, 8:50 AM
    • 10,254 Posts
    • 10,145 Thanks
    The Deep
    • #7
    • 11th Apr 18, 8:50 AM
    • #7
    • 11th Apr 18, 8:50 AM
    A very good explanation of unreasonable conduct. Most of the low rent solicitors PPCs use are guilty of many of these practices. Perhaps we should be urging more OPs to ask for these costs, citing this judgment.
    You never know how far you can go until you go too far.
    • twhitehousescat
    • By twhitehousescat 11th Apr 18, 9:12 AM
    • 1,954 Posts
    • 2,420 Thanks
    twhitehousescat
    • #8
    • 11th Apr 18, 9:12 AM
    • #8
    • 11th Apr 18, 9:12 AM
    perhaps the judge helped out part time at his local CAB?
    Time pretending I was asleep whilst under his desk , has given me insight to this sordid world
    • Castle
    • By Castle 11th Apr 18, 11:00 AM
    • 1,926 Posts
    • 2,620 Thanks
    Castle
    • #9
    • 11th Apr 18, 11:00 AM
    • #9
    • 11th Apr 18, 11:00 AM
    It made the local news; (loved the headline about MIL being "fined"):-
    https://www.cornwalllive.com/news/cornwall-news/truro-based-debt-recovery-company-1442360
    • Castle
    • By Castle 11th Apr 18, 11:09 AM
    • 1,926 Posts
    • 2,620 Thanks
    Castle
    And reported on the Prankster's site as well;-
    http://parking-prankster.blogspot.co.uk/2018/04/mil-collections-750-awarded-against.html
    • Castle
    • By Castle 12th Apr 18, 9:29 PM
    • 1,926 Posts
    • 2,620 Thanks
    Castle
    Sorry for three posts in a row , but somebody called "Ray" has commented on the Prankster's site, (link as above), that he just got a cheque for Ł535 from Parking Awareness (or unawareness!), for selling their data to MIL.

    (Undefended Court claim, but it all counts!)
    • bargepole
    • By bargepole 13th Jun 18, 6:36 AM
    • 2,434 Posts
    • 6,974 Thanks
    bargepole
    Transcript of cross-examination of Christopher Barrett of MIL available here: https://www.dropbox.com/s/faeo1lifks54bo4/MIL%20Collections%20-%20Truro%20CC%20-%20Cross-x%20of%20Claimant%20-%2012.16%20-%2020180410.pdf?dl=0

    Full transcript of Judgment to follow.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 34, lost 10), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and am a Graduate member of CILEx, studying towards a Fellowship (equivalent to solicitor) in Civil Litigation. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
    • Computersaysno
    • By Computersaysno 13th Jun 18, 7:56 AM
    • 1,021 Posts
    • 794 Thanks
    Computersaysno
    That transcript is one of the most heart-warming articles to read....


    In the words of Corporal Jones...They don't like it up 'em!!
    Welcome to the world of 'Protect the brand at the cost of free speech'
    • The Deep
    • By The Deep 13th Jun 18, 8:19 AM
    • 10,254 Posts
    • 10,145 Thanks
    The Deep
    It all seems so trivial, and if MIL are driving a coach and horses through the law, Ł750 seems a very small punishment indeed.
    You never know how far you can go until you go too far.
    • DW190
    • By DW190 13th Jun 18, 9:02 AM
    • 68 Posts
    • 93 Thanks
    DW190
    Transcript of cross-examination of Christopher Barrett of MIL available here: https://www.dropbox.com/s/faeo1lifks54bo4/MIL%20Collections%20-%20Truro%20CC%20-%20Cross-x%20of%20Claimant%20-%2012.16%20-%2020180410.pdf?dl=0

    Full transcript of Judgment to follow.
    Originally posted by bargepole
    Reading that was a pleasure.

    With performances like that, future case being represented by John Wilkie should be made pubic.

    There would soon be a National following in the public galleries.
    • Coupon-mad
    • By Coupon-mad 13th Jun 18, 10:28 AM
    • 62,736 Posts
    • 75,677 Thanks
    Coupon-mad
    No thanks, I'll pass.

    Spoon fed to the forum, sorry bargepole. You are being used.

    Not the slightest bit interested in this one, for obvious reasons.
    Last edited by Coupon-mad; 13-06-2018 at 10:43 AM.
    • The Deep
    • By The Deep 13th Jun 18, 10:38 AM
    • 10,254 Posts
    • 10,145 Thanks
    The Deep
    Come off it CM, you are letting your prejudices compromise your objectivity, I a sure that DC knows what he is doing.
    You never know how far you can go until you go too far.
    • Coupon-mad
    • By Coupon-mad 13th Jun 18, 10:42 AM
    • 62,736 Posts
    • 75,677 Thanks
    Coupon-mad
    Prejudice doesn't come into it.

    Suffice to say I will NEVER point anyone to the above transcript.

    You have no idea of the real problem, but should have an inkling, if you read the other transcripts bargepole made available about the car crash that was the UHW Nurses case. Maybe tells you 10% of the problem...
    • The Deep
    • By The Deep 13th Jun 18, 10:54 AM
    • 10,254 Posts
    • 10,145 Thanks
    The Deep
    Are you not shooting the messenger.
    You never know how far you can go until you go too far.
    • Coupon-mad
    • By Coupon-mad 13th Jun 18, 10:58 AM
    • 62,736 Posts
    • 75,677 Thanks
    Coupon-mad
    I would never shoot that messenger but he knows everything about the issue.

    He will not be surprised to see me post to say that I will never, ever point people to that piece of desperate propaganda. If you think the problem is minor, think again.

    Did no-one notice the OP even posted the thing as a press release. WTF.
    Last edited by Coupon-mad; 13-06-2018 at 11:03 AM.
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