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Small Claims Form N1

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  • Small Claims Form N1

    I have tried everywhere to get a definitive answer to this matter to no avail, do you know the answer.

    A small claims form N1 completed but not "sealed" by the Courts, sent to the defendant by the claimant indicating the total court cost if not settled (false) claim, Believe to be Energy Broker scam.as they keep sending emails with reduced offers or threats of court action including the sending of the court forms as described previously. is this a breach of s.40 (d) Administration of Justice Act 1970
    40Punishment for unlawful harassment of debtors.

    (1)A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract, he—

    (a)harasses the other with demands for payment which, in respect of their frequency or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation;

    (b)falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

    (c)falsely represents himself to be authorised in some official capacity to claim or enforce payment; or

    (d)utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.
    Tags: None

  • #2
    I know you've posed a question, but is there a background?

    Sounds like you are receiving unsolicited emails demanding money, I might be wrong.

    Comment


    • #3
      I along with several hundred people are being sent claims by a company named Preaction Ltd, They are acting on behalf of FRP the administrators of Utility Alliance Ltd (in Administration) an energy broker.
      We believe this is a scam as the paperwork has been forged in our case. An alleged Letter of Authority was signed 7 days after a Contract with Total Power & Gas was signed using the same forged signature. We are clear we have nothing to worry about as Preaction are claiming "breach of Contract", The LOA itself had no T&C's and no reference to a website where they could be viewed, This is a breach of "The Electronic Commerce (EC Directive) Regulation 2002. However I am peeved with them sending me a small claims N1 form that has not been processed by the court system as a threat.

      Many years ago I had to forego a small claims case because by mistake I sent an unprocessed N1 (first action against anyone), was sent a letter by either the court manager or Judge that it was a breach and I am sure it was s.40 (d)

      Any assistance would be helpful

      Comment


      • #4
        rob atticus Could you take a look please, thank you.

        Comment


        • #5
          harassment involves a course of conduct - 2 occasions or more.
          Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

          Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

          Comment


          • #6
            Hi Atticus
            The question is, it it legal to serve a completed small claims N1 form that has not passed through the legal system (sealed by the court) I believe it is a breach of s.40(d) Administration of Justice Act 1970.

            Comment


            • #7
              An unissued Claim Form is not a Claim Form. An offence may have been committed: have you referred the matter to a prosecuting authority?
              Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

              Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

              Comment


              • #8
                Hi Atticus
                I presume when you say prosecuting authority you mean the police. I have reported the matter to Action Fraud (police) and Trading Standards (via Citizens Advice. Neither are interested. I have reported the Insolvency Practitioner (administrator) to the governing body but this will not stop Preaction Ltd who by their own admission are debt collectors. I am looking for a way to stop these people as they have ruined peoples lives,some have contemplated suicide, outher has lost up to £50,000 as they have been harassed into paying and this is ongoing.

                Comment


                • #9
                  Have you contacted your MP?

                  Preaction Ltd aren't regulated, aren't members of any association, so little can be done indirectly to stop their 'nonsense'.

                  There are some solicitors / firms who advise in group actions, you need to get some Pro Bono advice, pass them details of your complaints and get a legal opinion on your case i.e. harassment etc.

                  Comment


                  • #10
                    Many Thanks and enjoy the sunshine while it lasts

                    Comment


                    • #11
                      Thank you all for your assistance, I wrote to the Judge who appointed the Administrators, complaining about their actions.
                      several days later the Administrator emailed us stating " they advised all concerned that no further action should be taken against us"
                      However this scam is still going on,

                      Comment


                      • #12
                        Originally posted by tesla6518 View Post
                        Thank you all for your assistance, I wrote to the Judge who appointed the Administrators, complaining about their actions.
                        several days later the Administrator emailed us stating " they advised all concerned that no further action should be taken against us"
                        However this scam is still going on,
                        Have you looked a post 9.

                        Comment


                        • #13
                          A similar thing is happening to my uncle right now :

                          My uncle owns a business and he recently got letters from FRP claiming that my uncle has “ a payment due” to the “Great Annual Savings Company”and that they would be passing this along to resolution specialists PreAction Ltd to resolve this issue.

                          A week later a letter from PreAction Ltd arrived stating that my uncle owes money to this company.

                          The reasons being:

                          “Attached are the following documents that lead to our client's claim regarding your liability:
                          1. Letter of Authority: signed by yourself on 5* ##### 2023. The letter of authority instructs the Company to enter you into a contract on your behalf.
                          2. Signed Documentation: signed by yourself on the 5th ###### 2023. This document includes (but may not be limited to) the energy contract along with a direct debit mandate.
                          3. Contract Confirmation: sent to yourself. This email contains a copy of the letter of authority and contract(s).”
                          They also sent a copy of this “Letter of Authority” but my uncle is adamant he never signed this and that he had never even heard of this company up until now.

                          Is this a scam or could this company have forged this maliciously using the my uncles business’ details from Gov.co.uk

                          I’ve seen how this is similar to what people have gone through on this thread, what are some actions my uncle can take to go against this?

                          Any help would be appreciated

                          Comment


                          • #14
                            tesla6518 I see you have gone through something similar to my post above ^

                            Could you offer any advice / the route others have gone down regarding this?

                            Thanks for your time

                            Comment


                            • #15
                              Some information here - https://uk.trustpilot.com/review/utility-alliance.com

                              Comment

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