solicitors advice, is this right

[ITguy]

got a ccj on my business because I didn't send anything back when the forms came. the people who got the ccj on me are now trying to get the money. went to solicitor and he said I should set it aside but I should back date the date on my forms to make it look as though I tried to do something sooner. but wont the judge know the date is suspicious? the forms won't arrive until quite a few weeks after I'm saying they were sent to the court. the solicitor has also done a defence for me but it's not signed or dated. does it need to be? he also told me to date my witness statement with the same early date. I don't want to get into even more trouble, but if the courts take no notice of the dates on the form and the date that forms arrived to the court, I should be ok?

[wales01man]

Re: solicitors advice, is this right

The post date on the envelope might give you away?

Sounds like the Solicitor likes to lie to the courts?

[FlamingParrot]

Re: solicitors advice, is this right

got a ccj on my business because I didn't send anything back when the forms came. the people who got the ccj on me are now trying to get the money. went to solicitor and he said I should set it aside but I should back date the date on my forms to make it look as though I tried to do something sooner. but wont the judge know the date is suspicious?

Hi and welcome to LB!

I don't know what kind of solicitor you went to see. :noidea: When you are dealing with the court, any attempt to deceive or lie could constitute a criminal offence. :incourt:

the forms won't arrive until quite a few weeks after I'm saying they were sent to the court. the solicitor has also done a defence for me but it's not signed or dated. does it need to be? he also told me to date my witness statement with the same early date. I don't want to get into even more trouble, but if the courts take no notice of the dates on the form and the date that forms arrived to the court, I should be ok?

You have no way of knowing that they won't take any notice. You may be dealing with a company such as those you are warned about here:

In a few, limited cases, you can get the judgment set aside if you have a CCJ. Don’t be taken in by companies claiming this is an easy route to removing CCJs - lying to the court is perjury(a criminal offence).

:juge:

[ITguy]

Re: solicitors advice, is this right

the solicitor said the judge won't be that bothered by the differences in the date of my forms and the date the court got the forms. but should he be signing the defence form he wrote? its not signed at all and looks like its going into the court like that. only I've signed my witness statement.

Hi and welcome to LB!

I don't know what kind of solicitor you went to see. :noidea: When you are dealing with the court, any attempt to deceive or lie could constitute a criminal offence. :incourt:

You have no way of knowing that they won't take any notice. You may be dealing with a company such as those you are warned about here:
:juge:

[Amethyst]

Re: solicitors advice, is this right

I think it may be an idea for you to get the set aside application and defence looked over too, here, or by a decent solicitor, the backdating advice is terrible, however much we'd like to pretend we'd done something earlier... goodness. What reason are you putting for the set aside, and do you have a viable defence to the original claim?

Is your witness statement true? (just checking he hasn't got you to sign something untruthful)

[ITguy]

Re: solicitors advice, is this right

I did get all the forms to the right place for the ccj, I just ignored them but then they tried to get the money.the solicitor hasnt backdated that many days,only about 3 weeks.

I think it may be an idea for you to get the set aside application and defence looked over too, here, or by a decent solicitor, the backdating advice is terrible, however much we'd like to pretend we'd done something earlier... goodness. What reason are you putting for the set aside, and do you have a viable defence to the original claim?

Is your witness statement true? (just checking he hasn't got you to sign something untruthful)

[FlamingParrot]

Re: solicitors advice, is this right

I did get all the forms to the right place for the ccj, I just ignored them but then they tried to get the money.the solicitor hasnt backdated that many days,only about 3 weeks.

Are you saying you *did* get the court papers and just ignored them? Did you have a valid reason such as being ill, in hospital, working away or staying with relatives at the time? If not, you really wouldn't have an argument to apply for set aside.

You may want to look here for reference: http://www.nationaldebtline.co.uk/en...e_county_court

[ITguy]

Re: solicitors advice, is this right

I got the papers and wasnt worried about the ccj but they then tried to get the money so I went to a solicitor. he said he could get it off for me. he told me to say some of the papers were missing and said if i backdated my witness statement and the application that the judge would accept this and cant prove when I sent my forms in. he even if they arrived at a much later date at court I could say they got lost in the court system. starting to worry now

Are you saying you *did* get the court papers and just ignored them? Did you have a valid reason such as being ill, in hospital, working away or staying with relatives at the time? If not, you really wouldn't have an argument to apply for set aside.

You may want to look here for reference: http://www.nationaldebtline.co.uk/en...e_county_court

[FlamingParrot]

Re: solicitors advice, is this right

I got the papers and wasnt worried about the ccj but they then tried to get the money

That's the idea of obtaining a CCJ! When you say "tried to get the money", what exactly do you mean? Once a creditor has a CCJ, they can apply to the court to enforce it with:

• an attachment of earnings
• a third party order
• a warrant of execution to send bailiffs
• a charge on your home

What were the terms of the CCJ, what did the court ordered to pay every month? Have you not made any payments?

so I went to a solicitor. he said he could get it off for me. he told me to say some of the papers were missing and said if i backdated my witness statement and the application that the judge would accept this and cant prove when I sent my forms in. he even if they arrived at a much later date at court I could say they got lost in the court system. starting to worry now

Are you sure it's a real SOLICITOR you are dealing with? Because it sounds like their conduct is most unprofessional if they are suggesting that you cheat an lie in court! :scared: :scared: :scared: All what you describe above is a CRIMINAL OFFENCE that could LAND YOU IN JAIL!

If a solicitor gave me advice that could result in me ending up with a criminal conviction and possibly even a prison sentence, I would be reporting them to the SRA: http://www.sra.org.uk/consumers/prob...ishonesty.page

We have a unit dedicated to gathering information and intelligence. If you know—or suspect—that a person or firm regulated by us, or one of their employees, is involved in dishonesty or fraud, contact us immediately.

Any report you make can be treated with strict confidentiality.

[ITguy]

Re: solicitors advice, is this right

thing is, he put to me that judges dont usually have time n cant be bothered checking all the dates for thisnthat and if I said I sent a bit of a defence back (not the full defence) it still counted as me sending some sort of defence back in time. we're saying most of the other forms were missing. his basic idea is that if I can muddy the waters the judge will think theres something to it and set it aside because no-one can really prove what dates forms were sent back and no-one can prove that a bit of the defence form wasnt sent back on time. i just thought it was an easy thing and this was the sort of thing that people did all the time didnt realise how serious it could be.

That's the idea of obtaining a CCJ! When you say "tried to get the money", what exactly do you mean? Once a creditor has a CCJ, they can apply to the court to enforce it with:

• an attachment of earnings
• a third party order
• a warrant of execution to send bailiffs
• a charge on your home

What were the terms of the CCJ, what did the court ordered to pay every month? Have you not made any payments?

Are you sure it's a real SOLICITOR you are dealing with? Because it sounds like their conduct is most unprofessional if they are suggesting that you cheat an lie in court! :scared: :scared: :scared: All what you describe above is a CRIMINAL OFFENCE that could LAND YOU IN JAIL!

If a solicitor gave me advice that could result in me ending up with a criminal conviction and possibly even a prison sentence, I would be reporting them to the SRA: http://www.sra.org.uk/consumers/prob...ishonesty.page

[Amethyst]

Re: solicitors advice, is this right

To your credit, it obviously didn't feel quite right, hence you asking on here.

Have the forms been sent to the court yet?

If not do you want to go through your case a bit on here to check other advice you have had is okay?

[ITguy]

Re: solicitors advice, is this right

the forms have been sent to the court but the solicitor hasnt signed the defence that he wrote.is that right?should he have signed that? the next thing is the court date in a few days. i dont know whether the best thing now is to try to stop it.if the judge is like the sol said he is and might quickly look at the forms and cant be bothered adding dates up and down, it might be ok.so worrying now i do feel an idiot

To your credit, it obviously didn't feel quite right, hence you asking on here.

Have the forms been sent to the court yet?

If not do you want to go through your case a bit on here to check other advice you have had is okay?

[CleverClogs]

Re: solicitors advice, is this right

i do feel an idiot

Doesn't the idiot object to being groped? :grin:

[ITguy]

Re: solicitors advice, is this right

:laugh:

Doesn't the idiot object to being groped? :grin:

[CleverClogs]

Re: solicitors advice, is this right

I really do consider it to be most unlikely that any solicitor (who was not unconsciously thinking of a change of job) would suggest that his client should seek to mislead a court. Not even the celebrated Rodney Hylton-Potts (link) would be quite that daft!