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Claim form Northampton court (civil enforcement ltd)

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  • #31
    Re: Claim form Northampton court (civil enforcement ltd)

    They really are clueless.

    Dear SRA,

    Thank you for your reply of xxx the contents of which are noted.

    Your email contradicts the information on YOUR website. http://www.sra.org.uk/consumers/soli...cle?Decision-2

    Decision - control of practice
    Outcome: Condition
    Outcome date: 14 August 2015
    Published date: 21 September 2015
    Firm details
    Firm or organisation at time of matters giving rise to outcome
    Name: The Sethi Partnership Solicitors
    Address(es):
    The Barn House, 38 Meadow Way, Ruislip, Middlesex, HA4 8TB
    Firm ID: 78533
    Outcome details
    This outcome was reached by SRA decision.
    Decision details
    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.

    Please can you confirm if these restrictions are still in place and if the SRA has received and approved his employment with Civil Enforcement limited.

    Yours Sincerely

    M1

    Comment


    • #32
      Re: Claim form Northampton court (civil enforcement ltd)

      Originally posted by mystery1 View Post
      Dear Mr Schwartz,


      I, as defendant, am in receipt of your court claim number xxxxxxxx in which the claimant is Civil Enforcement limited.


      I would like to bring to your attention CPR 16.4 which centres around the contents of the claim form and practice direction 16 particularly 7.5 This case should be repleaded as it is neither concise nor has any information which must be specified.


      CPR 16




      Contents of the claim form
      16.2
      (1) The claim form must –
      (a) contain a concise statement of the nature of the claim




      Contents of the particulars of claim
      16.4
      (1) Particulars of claim must include –
      (a) a concise statement of the facts on which the claimant relies;




      Practice direction 16




      Other matters to be included in particulars of claim




      7.5 Where a claim is based upon an agreement by conduct, the particulars of claim must specify the conduct relied on and state by whom, when and where the acts constituting the conduct were done.








      In order to ascertain your response and see if i need to take further action i would ask for an extension to the time for filing a defence pursuant to CPR 15.5 and seek the full 28 days extra and look forward to your cooperation on this. Failure to sort out you case or the issues identified will lead me to consider a summary judgement application particularly if time starts to get short.


      Yours etc


      M1
      Hi M1

      It has been over 14 days since the particulars of the claim were sent to me separately. I have sent the above letter to Mr Schwartz. I have also sent another message to the SRA as advised.

      Is it now just a matter of waiting for a reply from M Schwartz via civil enforcement? Am wondering whether the court will automatically proceed to next stage having not received a defence within the given 14 day period.

      Thank you

      Sammy79

      Comment


      • #33
        Re: Claim form Northampton court (civil enforcement ltd)

        Contact both via phone and ask them why the delay and if they are going to respond.

        Failing that we need to defend on the rubbish we have.

        M1

        Comment


        • #34
          Re: Claim form Northampton court (civil enforcement ltd)

          Hi M1

          I have messaged the SRA again via their website (which apparently is the advised method rather than respond to initial email i received) and hope to get a response soon. With regards to civil enforcement, if I ring them to ask whether they are going to respond to my letter, I'm not sure how to explain in simple terms (as opposed to the legal jargon relating to the contents of the claim form 16.2 and contents of the particulars claim 16.4), what I was asking for in the letter? I understand i asked for a further 28 days to assess their response to my letter relating to amendments that needed to be made legally to the statements relating to the claim. Would you be able to give me an idea of what to say/ask to avoid me coming across completely clueless! Your help as always is greatly appreciated.

          Sammy79

          Comment


          • #35
            Re: Claim form Northampton court (civil enforcement ltd)

            You are asking them to explain their claim in a way that complies with the rules. So,

            In what capacity are you being pursued ? (keeper or driver)
            What term was breached ?

            The rule (practice direction 16 para 7.5 is clear) Where a claim is based upon an agreement by conduct, the particulars of claim must specify the conduct relied on and state by whom, when and where the acts constituting the conduct were done.


            In short read the particulars of claim and ask yourself where is the information ?

            They probably won't help anyway, but we expect that so it's not a huge deal. Get an email address and write to them with an overview of the call so we can use it against them later.

            M1

            Comment


            • #36
              Re: Claim form Northampton court (civil enforcement ltd)

              Hi M1

              There is no number apart from a payment line for civil enforcement that I can find. Hence, I have sent an email to the only email address listed on their website for consumers wishing to use their services. I have mentioned that there is no contact number and requested they either respond to my query, email me relevant contact number/email address or forward to relevant department.

              I have also received a response from the SRA:

              "Further to your e-mail below, I confirm that restrictions were imposed on Mr Schwartz’s 2014/2015 practising certificate, one of which required him to seek approval of his employment. However, there are currently no restrictions on Mr Schwartz’s 2015/2016 practising certificate that require him to seek approval of his employment."



              Yours sincerely

              Louise Holden
              Regulatory Supervisor
              Supervision
              Solicitors Regulation Authority


              What does this mean?

              Sammy79

              Comment


              • #37
                Re: Claim form Northampton court (civil enforcement ltd)

                I wouldn't worry about the SRA. I think they're protecting him but it's not worth battering our heads against a wall to prove them useless.

                M1

                Comment


                • #38
                  Re: Claim form Northampton court (civil enforcement ltd)

                  Hi M1

                  It doesn't look like i'm going to get a response from civil enforcement. I have proof of postage of the letter sent.

                  I was just looking at the claim form and it says that the defence should not be submitted later than 28 days of date of service. Am I right in assuming that this is the date of issue on the front of the claim form? (which in this case is 11th July). I understand the point of writing to civil enforcement was to obtain more time. However, if that is not going to happen, I am now getting confused as to whether I still have time to actually submit a defence?

                  Your advice/opinion would be appreciated.

                  Sammy79

                  Comment


                  • #39
                    Re: Claim form Northampton court (civil enforcement ltd)

                    I've just read on legalbeagles info that if I file an acknowledgement of service within 14 days of service of the particulars of claim, this extends the time for filing a defence to 28 days from service of particulars of claim which would mean I still have time (till 23rd August). The information in the defence pack states that the defence should be sent no later than 28 days from the date of service. So for my peace of mind, does this date of service relate to date of service of court claim or particulars of claim?

                    I'm sorry I know i've just asked a similar question my previous email.

                    Thank you

                    Sammy79

                    Comment


                    • #40
                      Re: Claim form Northampton court (civil enforcement ltd)

                      Service of the particulars of claim.

                      I'll have more time at the weekend to sort something.

                      M1

                      Comment


                      • #41
                        Re: Claim form Northampton court (civil enforcement ltd)

                        Thank you

                        Comment


                        • #42
                          Re: Claim form Northampton court (civil enforcement ltd)

                          Sammy79defence.rtf

                          Edit to suit.

                          M1

                          Comment


                          • #43
                            Re: Claim form Northampton court (civil enforcement ltd)

                            Hi M1

                            Thank you for that. I have filed my defence. Will wait and see what happens.

                            Comment


                            • #44
                              Re: Claim form Northampton court (civil enforcement ltd)

                              Hi M1

                              I have received a "notice of proposed allocation to the small claims track" dated 6th September.

                              I either have the option of mediation or a hearing (from what I understand). So, based on what i have read on the forums about other people's experiences, I am guessing that i should agree to mediation, sign letter and send back. Apparently mediation only works if both parties agree. So am I relying on CE to not bother to mediation? Can they still take further without mediation?

                              Also, I got so busy with this court claim that I completely forgot about the other letter before actions that you helped me respond to. I have received no response so can I assume nothing will come of it or is it just a case of i have my self covered to an extent if they do proceed to another court claim?

                              Thank you

                              Sammy79

                              Comment


                              • #45
                                Re: Claim form Northampton court (civil enforcement ltd)

                                I am guessing that i should agree to mediation, sign letter and send back
                                Yes.

                                Can they still take further without mediation?
                                Yes.

                                I have received no response so can I assume nothing will come of it or is it just a case of i have my self covered to an extent if they do proceed to another court claim?
                                Depends how lucky they feel.

                                M1

                                Comment

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