Debt Enforcement & Action Ltd - MR. M SHWARTS - Help please

[Aidang88]

Hi everyone,

I'm new to this forum and would really appreciate some guidance.

The long and short of it is I overstayed the allocated time as a paying customer in the Coop car park in Whitby in July 2013. On that day I did purchase goods from the store and can prove this through my Coop bank account.

The first correspondence I received was from Debt Enforcement & Action Ltd, this was a demands for around £150 (I cannot be precise as I didn’t keep the letter. The letter looked very amateur, cheap paper, not letter headed, very pixilated text and images including a court stamp. In my mind I thought this was a fraudulent company and that I would hear any further, hence binning the letter.

I have now received a Claim From Northampton County Court, I have responded to this with my acknowledgement which will give me 28 days to put my defense together.

After doing a little research I noted others in a similar position to me have claimed that the "Solicitor" MR. M Shwarts signing off the court papers isn’t registered with the SRA. I called the Fraud team at the SRA and have subsequently sent them the court papers at their request. They are going to investigate this as they have had a number of complaint regarding the company. From my own digging I have found that there is a Michael Schwartz who appears to be a solicitor specialising in road traffic https://www.linkedin.com/pub/michael...rtz/43/b48/524
Either he is spelling his name wrong on every court paper or perhaps someone is trying to use a similar name without this authority.

The SRA said they will be making an announcement on their website over the next few days regarding this firm/solicitor.

I have also looked at Debt Enforcement & Action Ltd accounts, there registered address is 124 Baker Street London however the only Director on their accounts resides in the Ukraine. All seem a bit suspect.

Ultimately if I am going to end up in court losing this, I will pay the £215 however unfair it feels.

Please can someone offer some advice on what steps I should take? Should I seek help from The CAB? Have I done the correct thing?

Thanks in advance for any assistance :-)

Aidan

[des8]

Re: Debt Enforcement & Action Ltd - MR. M SHWARTS - Help please

Hi and welcome
I think you'll find all you need on this thread which is being guided by our Mystery1 expert.
http://www.legalbeagles.info/forums/...highlight=DEAL
In the meantime, just so he has correct info could you post up the claim form (redacted so your name and other identifying details are removed)

[Amethyst]

Re: Debt Enforcement & Action Ltd - MR. M SHWARTS - Help please

After doing a little research I noted others in a similar position to me have claimed that the "Solicitor" MR. M Shwarts signing off the court papers isn’t registered with the SRA. I called the Fraud team at the SRA and have subsequently sent them the court papers at their request. They are going to investigate this as they have had a number of complaint regarding the company. From my own digging I have found that there is a Michael Schwartz who appears to be a solicitor specialising in road traffic https://www.linkedin.com/pub/michael...rtz/43/b48/524
Either he is spelling his name wrong on every court paper or perhaps someone is trying to use a similar name without this authority.

The SRA said they will be making an announcement on their website over the next few days regarding this firm/solicitor.


Aidan

http://solicitors.lawsociety.org.uk/...david-schwartz

? Don't think he'd mispell his name as Shwarts though... unless his secretary is a bit dim.

I'll try ask him about the claims.

[mystery1]

Re: Debt Enforcement & Action Ltd - MR. M SHWARTS - Help please

You've done your bit with regards to the solicitor so forget that for now.

There are a lot of claims like this and plenty from the same car park. I'm trying to get further info. In the absence of further info your defence will be along the lines of http://www.legalbeagles.info/forums/...134#post495134

It is better if we have further info but not essential.

You may be able to successfully apply to the court to strike the claim out due to the non compliant nature of the signature whether or not M Shwarts is real or not but at a cost of £155 for an application and no guarantee any costs awarded to you will be paid it's a risk most will not take and rightly so.

M1

[mystery1]

Re: Debt Enforcement & Action Ltd - MR. M SHWARTS - Help please

http://solicitors.lawsociety.org.uk/...david-schwartz

? Don't think he'd mispell his name as Shwarts though... unless his secretary is a bit dim.

I'll try ask him about the claims.

http://www.mcadvo.co.uk/GB/en/solici...EG_London.html

Fields of Law
Criminal law
Family law
Wills and probate


I doubt it's him and he's probably had a few enquiries

As he has 35 years i'd imagine that not only would he be able to spell his name but he would know his first name is required by the rules as is the name of his firm.

M1

[Aidang88]

Re: Debt Enforcement & Action Ltd - MR. M SHWARTS - Help please

Hi guys,

Thanks for the response and help so far.

I think I have now uploaded the images of the claim form.

Many thanks,
Aidan

[Bradford1956]

Re: Debt Enforcement & Action Ltd - MR. M SHWARTS - Help please

Our friend Mr Shwarts

After a lengthy exchange of emails with Northampton CC I am pasting in below the last reply from them. They are insistent that no solicitor is involved in my summons, even though I reminded them twice that in the claim they have sent me a Mr Shwarts is claiming a solicitor's fee of £50. If anyone can make any sense of it, good luck.

Thank you for your emails.

The Court relies on the information provided by the Claimant on the Claim Form with respect to the details for the Court record. As per the Claim Form, the Claimant has not provided details of a separately instructed solicitor's firm. If a separate solicitor's firm is instructed, it has its own separate entry on our electronic Case Management System, linked to the Claimant.

In this claim, as there is no separate firm instructed, there is only one entry on the electronic Court record, regardless of the signatory on the Claim Form. The status of the signatory is not separately noted on the electronic Court record.

I do apologise for any confusion caused in you being advised that there is no solicitor on the claim, this is because there is only the single entry for the Claimant’s details and when members of the Contact Centre and CCMCC staff open the electronic claim record, there is no separate entry for a solicitor's firm. I hope that that clarifies the matter.

Unfortunately, Court administrative staff do not have the authority to comment on the contents of the Claim Form, this would be a matter for a Judge. This does not, of course, preclude you from making your own independent enquiries.

Any issues in relation to the contents of the Claim Form can be addressed in your Defence.

[mystery1]

Re: Debt Enforcement & Action Ltd - MR. M SHWARTS - Help please

Our friend Mr Shwarts

After a lengthy exchange of emails with Northampton CC I am pasting in below the last reply from them. They are insistent that no solicitor is involved in my summons, even though I reminded them twice that in the claim they have sent me a Mr Shwarts is claiming a solicitor's fee of £50. If anyone can make any sense of it, good luck.

Thank you for your emails.

The Court relies on the information provided by the Claimant on the Claim Form with respect to the details for the Court record. As per the Claim Form, the Claimant has not provided details of a separately instructed solicitor's firm. If a separate solicitor's firm is instructed, it has its own separate entry on our electronic Case Management System, linked to the Claimant.

In this claim, as there is no separate firm instructed, there is only one entry on the electronic Court record, regardless of the signatory on the Claim Form. The status of the signatory is not separately noted on the electronic Court record.

I do apologise for any confusion caused in you being advised that there is no solicitor on the claim, this is because there is only the single entry for the Claimant’s details and when members of the Contact Centre and CCMCC staff open the electronic claim record, there is no separate entry for a solicitor's firm. I hope that that clarifies the matter.

Unfortunately, Court administrative staff do not have the authority to comment on the contents of the Claim Form, this would be a matter for a Judge. This does not, of course, preclude you from making your own independent enquiries.

Any issues in relation to the contents of the Claim Form can be addressed in your Defence.

I guess it depends on what you asked or are asking ?

M1

[Bradford1956]

Re: Debt Enforcement & Action Ltd - MR. M SHWARTS - Help please

I have been asking if the "solicitors" name is correctly spelt and also why the CC are saying that there is no solicitor involved in my summons but it is clear in black and white on my form N1 that a Mr Shwarts acting as a solicitor for DEAL is claiming £50 from me for his services to the Claimant.

[mystery1]

Re: Debt Enforcement & Action Ltd - MR. M SHWARTS - Help please

It's not really for the court to deal with at this stage. That is information they do not, and probably should not, know. It's for the SRA to deal with and if they conclude it's wrong then you can use what the SRA say to lodge an application to strike out (unless the SRA contact the courts themselves in which case a judge may strike out on his on motion).

M1

[Amethyst]

Re: Debt Enforcement & Action Ltd - MR. M SHWARTS - Help please

Out of interest - did CEL used to use the real Mr Schwartz ? through the Sethi Partnership ? http://forums.pepipoo.com/index.php?showtopic=79317

[des8]

Re: Debt Enforcement & Action Ltd - MR. M SHWARTS - Help please

why the CC are saying that there is no solicitor involved in my summons but it is clear in black and white on my form N1 that a Mr Shwarts acting as a solicitor for DEAL is claiming £50 from me for his services to the Claimant.

If you look at your claim form , the space for naming a firm of solicitors is left blank.
The court only records the solicitor if it is a separately named firm.
As they say "the status of the signatory is not separately noted on the electronic Court record"
Mr Shwarts could be an in house solicitor employed by DEAL

[Bradford1956]

Re: Debt Enforcement & Action Ltd - MR. M SHWARTS - Help please

Hi. I think that is highly likely. If you google Mike Schwartz, who seems to be with Bindmans solicitors, he is an award winning solicitor......................Mike defends those facing the most serious and complex offences - such as murder, fraud, money laundering and multi-party criminal proceedings.
He is experienced in cases with an international or European element - including extradition and fair trial.
I cant imagine a solicitor of such standing would be getting involved in fake £50 claims for parking issues.

Cheers

[Bradford1956]

Re: Debt Enforcement & Action Ltd - MR. M SHWARTS - Help please

Yes I agree with that but the search on the SRA website includes all solicitors in the uk and includes " in house solicitors. So there is no solicitor in the UK by that name who is legally allowed to call themselves a solicitor as they all need a Cert to Practise, with the exception I think of solicitors working in the Govt. And would an in house solicitor be allowed to claim a fee, as he has done.
Cheers.

[mystery1]

Re: Debt Enforcement & Action Ltd - MR. M SHWARTS - Help please

Out of interest - did CEL used to use the real Mr Schwartz ? through the Sethi Partnership ? http://forums.pepipoo.com/index.php?showtopic=79317

To be honest i'm not sure because i never had any interest at that time.

The SRA are investigating so we'll just need to wait and see on that point.

All cases proceed as normal unless and until something happens on the soliciort point. Of course if someone wishes to make an application for strike out it may bring matters to a head but @ £155 i can't really see anyone trying that even if costs were guaranteed which they are not. (i'd love it if someone did though)

M1