*** DISMISSED *** Small claims for stabling fees

[Amethyst]

You can include it, ask them to send you all information they hold about you up to today's date and confirm it will all be removed with immediate effect.

[Stopbox]

Wonder if they are misrepresenting themselves as enforcement agents too.

That would be good to know, especially if they get stupid about my request to remove my information

[Stopbox]

Looking at the FCA, I though I might be able to complain about the way Cobra had handled things, ie just dropped that threatening letter at my door. But it doesn't seem that I am able to, just says to complain to Cobra. How disappointing

[Amethyst]

Unfortunately the FCA rules only apply to consumer credit debts so don't cover this kind of 'debt'.

It it does seem likely that will be the end of it from Cobra - they'll have been lied to about the debt and you've given them evidence that it doesn't exist so that should be that.

[GBExile]

You can include it, ask them to send you all information they hold about you up to today's date and confirm it will all be removed with immediate effect.

Forget about the ifs & whats.

You won in court so report her for harassment for further threatening behaviour for informing a 3rd party to harass you further.

Ask the police to issue with a PIN (Police Information Notice).

Do her behaviour over & do not think twice about it.

[Amethyst]

i have just spoken to the police, they have said that as she has not contacted me herself she has not committed a crime, and that all I can do is show the letter to the debt collection agency to prove that it the claim was dismissed.

GBExile

[ploddertom]

I've been doing a little digging on Cobra and would suggest they are just purely bully boys and nothing else despite all their bluster. Looking at Google produces this https://cobrafinancial.co.uk/news/ on this page from the Liverpool Echo is a photograph of a van. I cannot see exactly what it says but it does seem to promote their debt collecting activities which I believe is totally unlawful.

As for Bailiff Services they do not appear to have their own but possibly may use those that are self employed or sub-contract to an outside firm. They do have problems with this though as CCJs need to be in place first and CCA Regulated Debts can only be collected by the County Court Bailiff who is a salaried employee of HMCTS. The CCB also deals with any ordinary CCJ below £600

Other debt CCJs (above £600) would need to be transferred to the High Court for enforcement for the attendance of a High Court Enforcement Agent and as they are not authorised they will possibly be buying in services from the usual Rent-a-HCEO mob - DCBL, Frank Whitworth or Millbank. In any case the notice they have posted is highly suspect and should be forwarded to CIVEA, MOJ & HCEOA as soon as. Only proscribed notices may be used for enforcement purposes.

The fault with all this no doubt lies with the original Claimant who appears to be using pre Set Aside documentation to force this through and actually wonder if they are leaving themselves open to Contempt of Court proceedings. Cobra in turn have not checked anything out and are just proceeding willy nilly and leave themselves open to claims for harrasment or worse.

[GBExile]

GBExile

That is simply NOT & I mean NOT true.

Part of the standard PIN notices the Police issue states involving a 3rd Party could be an offence as well.

The OP needs to contact the Police again & needs to be more forceful.

A PIN notice is a notice saying that you (the OP) regards the matter as harrassment (it does not state that the police regard it as harrassment). It states that if the unwanted contact continues the police will then investigate.

The police cannot & should not refuse to issue a PIN to the other party based on the facts.

[jaguarsuk]

Sounds like Old Bill trying to fob you off because they know it’s a civil matter and/or they’re under manned/over worked.

Contact them again and tell them all that has gone on, that you would like them to issue a warning and why?

If they won’t respond then you send her a cease and desist letter confirming you regard her behaviour as using a 3rd party to contact you about a none existent debt as harassment contrary to the Protection from Harassment Act 1997 and that should she continue you may contact the Police to deal with it as criminal matter and/or without further reference to her initiate proceedings in the county court.

[Stopbox]

I have left things alone and so far have had no further contact from the lady. However, today I’ve just received this through the door from her solicitor, does anybody know what it could be?

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[Amethyst]

Just a notice to say she's now got herself legal representation to deal with the case.

Is the reference the claim number ? Not sure what 'post-hearing matter' it is regarding though. An appeal? Were any costs ordered?

[Stopbox]

The claim number is exactly the same as the original claim. I’ve just rang the call centre to find out what’s going on, apparently the solicitor is now acting on her behalf and has written to the court to find out why the judge came to that decision (for what reasons).

The court have replied that that as it’s a judicial hearing they cannot give him any answers.

the courts have also said that the claimant has gone outside the appeal duration now. Although they can ask for special permission but this will be unlikely as the claimant had no decent evidence.

the lady from the court said maybe I shoul now get the police involved and get an injunction

[jaguarsuk]

Yes, I think you need to apply to the court for an injunction under the protection from harassment act 1997 s.3A

Then should she breach the injunction you could further apply for a warrant of arrest under section 3 (3). Grounds for arrest would be under section 3 (6)

[ploddertom]

Having had a quick look around it seems as if it is just a small practice (2 solicitors) and get the impression this is not their usual style of work - but if someone is prepared to pay then don't blame for taking it on no doubt hoping one letter will effect the desired result.

[Stopbox]

Does a ‘after hearing matter’ mean it’s something between the claimant and her solicitor or has something happened at court?