Default Court Claim - Civil Enforcement Limited / - 5/2/2016/

[johnyb121]

Re: Default Court Claim - Civil Enforcement Limited / - 5/2/2016/

Hi,

The envelope says they were sent on the 16/2/16 but the letter is dated the 10th of feb

Would you like me to just upload the particulars of claim or all letters incuding letter before action and claim form?

Thanks very much for your help

[mystery1]

Re: Default Court Claim - Civil Enforcement Limited / - 5/2/2016/

The more the merrier. I'm off out now though.

M1

[johnyb121]

Re: Default Court Claim - Civil Enforcement Limited / - 5/2/2016/

Ok hopefully hear from you later

Sorry I couldn't see a button to upload attachments so I have uploaded to a page below, should I now be responding to the claim form? Thank you

http://postimg.org/image/mrhnk13sf/

http://postimg.org/image/w5izq2ulr/

http://postimg.org/image/khoxvj5gv/

http://postimg.org/image/ricxob78v/

http://postimg.org/image/bb6n8908f/

http://postimg.org/image/moxrx704v/

http://postimg.org/image/gpa0tjfcf/

[mystery1]

Re: Default Court Claim - Civil Enforcement Limited / - 5/2/2016/

Ok hopefully hear from you later

Sorry I couldn't see a button to upload attachments so I have uploaded to a page below, should I now be responding to the claim form? Thank you

http://postimg.org/image/mrhnk13sf/

http://postimg.org/image/w5izq2ulr/

http://postimg.org/image/khoxvj5gv/

http://postimg.org/image/ricxob78v/

http://postimg.org/image/bb6n8908f/

http://postimg.org/image/moxrx704v/

http://postimg.org/image/gpa0tjfcf/

Well if you file acknowledgement of service we get 28 days from friday passed to lodge the defence.

I'm working Friday Sunday and 3 off 3 on after that. Ideally we wish to see what the SRA come back with before submitting our defence but once we get down to 7 days or so left nudge me to complete the defence if the SRA are silent.

M1

[johnyb121]

Re: Default Court Claim - Civil Enforcement Limited / - 5/2/2016/

Ok so I will wait for the mo before filing the acknowledgement, I do feel slightly nervous about this do you think it could actually go to court?

Thanks for your help

[Kati]

Re: Default Court Claim - Civil Enforcement Limited / - 5/2/2016/

Ok so I will wait for the mo before filing the acknowledgement, I do feel slightly nervous about this do you think it could actually go to court?

Thanks for your help

If you've received the PoC ... you should acknowledge today. That gives you the extra time to prepare your defence. [MENTION=5354]mystery1[/MENTION]??

[johnyb121]

Re: Default Court Claim - Civil Enforcement Limited / - 5/2/2016/

I have received this today

Thank you for your email of 18 February 2016.

Mr Michael David Schwartz (SRA number 118966) was admitted to the roll of solicitors of England and Wales on 15 March 1979 and holds a current practising certificate with the following conditions: Mr Michael David Schwartz's current practising certificate has been made subject to the following conditions pursuant to Regulation 7 of the SRA Practising Regulations 2011:

Mr Schwartz shall act as a solicitor only in employment, the arrangements for which have been approved by the SRA.
Mr Schwartz is not to be a recognised sole practitioner, manager or owner of an authorised body.
Mr Schwartz shall not hold, receive or have access to client money, or act as a signatory to any client or office account, or have the power to authorise payments in or out of any client or office account or any transfers from any client or office account.
Mr Schwartz shall immediately inform any actual or prospective employer of these conditions and the reasons for them.
In these conditions the definitions are as defined in the SRA Handbook Glossary 2012.

Reasons/basis

On 24 November 2014 the SRA raised the following allegations against Mr Schwartz:

Whilst he was employed as a consultant by "The Sethi Partnership Solicitors" from 20 December 2012 to 1 July 2013 he failed to pay client money received on account of costs into the firm's client account in breach of Rule 14.1 of the SRA Accounts Rules 2011 and in breach of SRA Principles 2, 4, 5, 6 and 10.
On 24 July 2013 Mr Schwartz was arrested and subsequently charged with an offence of causing the transmission of an image/sound from prison contrary to Section 40 of the Prison Act 1952. Although he was subsequently acquitted, he failed to notify the SRA of his arrest and charge at the time in breach of Outcome 10.3 and SRA Principle 7. In view of the above and other suspected misconduct, including trading as an authorised sole practitioner in or around 2012, the above conditions have been imposed on Mr Schwartz's current practising certificate.
The above conditions are considered to be necessary in the public interest and reasonable and proportionate having regard to the purposes set out in Regulation 7 of the SRA Practising Regulations 2011 and the regulatory objectives and principles governing regulatory activities as contained in section 28 of the Legal Services Act 2007.

There are also Findings and Orders that have been made by the Solicitors Disciplinary Tribunal (SDT) against Michael David Schwartz. The reference number is TRI/688-00-CBJ. For a copy, please contact the solicitors disciplinary tribunal on 0207 329 4808.

Please note that if a matter is due to be heard before the SDT, details can be found on our website at www.sra.org.uk/consumers/solicitor-check.page. If this is the case, we are unable to discuss the matter with you.

If you have any further queries, please Contact us.


Thank you for contacting the Solicitors Regulation Authority.

Yours sincerely

Joseph Sheppard
Contact Centre Officer
Solicitors Regulation Authority

[johnyb121]

Re: Default Court Claim - Civil Enforcement Limited / - 5/2/2016/

Ok, I will get the forms filled out

thanks

[mystery1]

Re: Default Court Claim - Civil Enforcement Limited / - 5/2/2016/

I have received this today

Thank you for your email of 18 February 2016.

Mr Michael David Schwartz (SRA number 118966) was admitted to the roll of solicitors of England and Wales on 15 March 1979 and holds a current practising certificate with the following conditions: Mr Michael David Schwartz's current practising certificate has been made subject to the following conditions pursuant to Regulation 7 of the SRA Practising Regulations 2011:

Mr Schwartz shall act as a solicitor only in employment, the arrangements for which have been approved by the SRA.
Mr Schwartz is not to be a recognised sole practitioner, manager or owner of an authorised body.
Mr Schwartz shall not hold, receive or have access to client money, or act as a signatory to any client or office account, or have the power to authorise payments in or out of any client or office account or any transfers from any client or office account.
Mr Schwartz shall immediately inform any actual or prospective employer of these conditions and the reasons for them.
In these conditions the definitions are as defined in the SRA Handbook Glossary 2012.

Reasons/basis

On 24 November 2014 the SRA raised the following allegations against Mr Schwartz:

Whilst he was employed as a consultant by "The Sethi Partnership Solicitors" from 20 December 2012 to 1 July 2013 he failed to pay client money received on account of costs into the firm's client account in breach of Rule 14.1 of the SRA Accounts Rules 2011 and in breach of SRA Principles 2, 4, 5, 6 and 10.
On 24 July 2013 Mr Schwartz was arrested and subsequently charged with an offence of causing the transmission of an image/sound from prison contrary to Section 40 of the Prison Act 1952. Although he was subsequently acquitted, he failed to notify the SRA of his arrest and charge at the time in breach of Outcome 10.3 and SRA Principle 7. In view of the above and other suspected misconduct, including trading as an authorised sole practitioner in or around 2012, the above conditions have been imposed on Mr Schwartz's current practising certificate.
The above conditions are considered to be necessary in the public interest and reasonable and proportionate having regard to the purposes set out in Regulation 7 of the SRA Practising Regulations 2011 and the regulatory objectives and principles governing regulatory activities as contained in section 28 of the Legal Services Act 2007.

There are also Findings and Orders that have been made by the Solicitors Disciplinary Tribunal (SDT) against Michael David Schwartz. The reference number is TRI/688-00-CBJ. For a copy, please contact the solicitors disciplinary tribunal on 0207 329 4808.

Please note that if a matter is due to be heard before the SDT, details can be found on our website at www.sra.org.uk/consumers/solicitor-check.page. If this is the case, we are unable to discuss the matter with you.

If you have any further queries, please Contact us.


Thank you for contacting the Solicitors Regulation Authority.

Yours sincerely

Joseph Sheppard
Contact Centre Officer
Solicitors Regulation Authority

Email back and ask if any employment arrangements have been approved by them.

M1

[johnyb121]

Re: Default Court Claim - Civil Enforcement Limited / - 5/2/2016/

Ok I have emailed them asking.

Thank you

[johnyb121]

Re: Default Court Claim - Civil Enforcement Limited / - 5/2/2016/

Recieved this today


Dear

Thank you for your email of 19 February 2016.

The Solicitors Regulation Authority (SRA) do not have any current practising details for Mr Michael David Schwartz.

If you have any further queries, please Contact Us.


Thank you for contacting the Solicitors Regulation Authority.

Yours sincerely

Joseph Sheppard
Contact Centre Officer
Solicitors Regulation Authority
0370 606 2555
contactcentre@sra.org.uk
www.sra.org.uk

[johnyb121]

Re: Default Court Claim - Civil Enforcement Limited / - 5/2/2016/

I have filled acknowledge of service.

I have never received any photographic evidence of this claim they did not send it to me with the letter before action. I also never received a PCN this is the first I know of this fine, I am not sure if this is any help to our defence

Thank you

[mystery1]

Re: Default Court Claim - Civil Enforcement Limited / - 5/2/2016/

I have never received any photographic evidence of this claim they did not send it to me with the letter before action

This is pretty normal. Evidence should be received before the hearing (if it goes ahead).

I also never received a PCN this is the first I know of this fine, I am not sure if this is any help to our defence

It does.

M1

[mrhoops]

Re: Default Court Claim - Civil Enforcement Limited / - 5/2/2016/

Hello. I am in the same position. I do not even know what the claim is for. My parents gave me the letter as it was posted to my old address. Ive go no particulars yet

[johnyb121]

Re: Default Court Claim - Civil Enforcement Limited / - 5/2/2016/

Hi,

Should I be filing a defence soon or should I still be waiting for some more information to come across. I have logged into money claim gov site and do not see any new information or anything accept my acknowledgement of service received notification

Thank you.