Deal - Ash25 -Won

[ginko]

Re: Deal - Ash25

Hi

Yes I'm in exactly the same situation with DEAL and Shwarts. The SRA confirmed there is a solicitor :
"I can now confirm that I received a response from Civil Enforcement Ltd, the parent company of Debt Enforcement & Action Ltd, which confirmed that the solicitor in question is Michael SCHWARTZ, SRA id 118966. I can confirm that this person is a solicitor currently on the Roll of Solicitors of England & Wales and does hold a current Practising Certificate. Furthermore Civil Enforcement Ltd has informed me that they have written to the Court informing them that there was a spelling error on the claims documents issued by referring to the solicitor as “SHWARTS”.

As such I will be today referring the reports that the SRA has received regarding these issued claim forms for consideration of any breaches of the SRA Code of Conduct."

No news since then and no court date.

Thanks

[Amethyst]

Re: Deal - Ash25

The SRA haven't actually said that they have spoken to Mr Shwartz, only that they have had confirmation it is he from DEAL. Has anyone tried to speak with him about all the claims he is signing, and of course the bundles of evidence.

[primafacea]

Re: Deal - Ash25

I have just had my case struck out and have copied the following in case it will help anyone. My first email to Court was as follows:
Dear

Further to Northampton County Court Claim
I sent an acknowledgement of service to your offices on and received an email from your offices confirming your receipt, however, I am worried about the authenticity of this claim and wonder if you could please answer some of my queries.

1. The County Court have accepted an application by Debt Enforcement & Action Limited to issue Claim . Debt Enforcement & Action Limited has authorised a solicitor to act on their behalf and the Statement of Truth is signed by a Solicitor Mr. M. Schwarts (Solicitor). The "solicitor" has not entered the name of his firm. I have spoken with the Solicitors Regulatory Authority and the Law Society and searched on the SRA website (including in-house solicitors) and the person who has signed the form, and is attempting to charge £50 for his services as a solicitor, doesn't appear to actually be registered as a solicitor. The SRA advises it is a criminal offence to state you are a solicitor when that is not the case. This is now being investigated by the Fraud and Confidential Intelligence Bureau of the Solicitors Regulation Authority. I was also under the impression Legal costs can't be claimed in small claims cases. Is it permissible to add £50 in legal expenses (which cannot be recovered) to a Claim? It seems to be an attempt to intimidate and/or pervert the course of justice. Please can you investigate this matter.

2. I note that Debt Enforcement & Action Limited are claiming £215 under an agreed contract - Contractual fees due, but then they go on to say alternatively damages for breach of contract arising from the non-payment of the fees alternatively damages for trespass. Surely Debt Enforcement & Action Limited have to identify what they are claiming and not simply state a wish list. The claimants claim fails to meet CPR 16.2 (1) (a). It does not include a concise statement of the nature of the claim. It's either a contractual charge, damages for breach of contract or damages for trespass. Please help me to understand which of these is being claimed.

Thank you for your kind assistance.

More recently I followed up with the following;

"In the County Court at Warwick"

Urgent Matter - to be referred to procedural judge.

In the matter of:

Debt Enforcement and Action Limited (Ref: ) v
Claim Number

Dear Sir or Madam,

I have been advised by the County Court Money Claims Centre that the above claim has been transferred to this court for the listing of a hearing.

However, I would like to draw the court's attention to the fact that the Claimant has not served me with a copy of their Directions Questionnaire. This will be in direct contravention of a court order which (as a standard paragraph in the court's Notice of Proposed Allocation to the Small Claims Track) orders both parties to serve copies of the completed Directions Questionnaire on the other party at the same time when they are filed with the court.

I also understand that this Claimant has filed hundreds of similar court claims all over the country, and I am not aware of a single instance where the Claimant has served a copy of the Directions Questionnaire on the respective Defendants.

Furthermore, I understand that the Claim Form of this claim was signed by a "M Shwarts (Solicitor)" however there is no such solicitor in the Law Society's records, and the Law Society's fraud unit has confirmed in emails that this is a fraud.

I thus believe that it is obvious that the Claimant is abusing the court process and that they are thus a vexatious litigant.

On this basis, instead of scheduling this claim for a hearing I would respectfully request that the claim is struck out immediately, or stayed pending the Claimant's application to have a stay lifted after showing that they have complied with the court order by serving me with a copy of their Directions Questionnaire, and that the claim form is signed by an authorised person.

The court is also respectfully reminded of the court powers to consider a Civil Restraint Order against the Claimant.

Yours faithfully,

[ginko]

Re: Deal - Ash25

Thanks for this...will use

[primafacea]

Re: Deal - Ash25

Apologies, Mystery 1, I tried to send the above copy emails (& PDF) to you via a PM but I cannot get it to work. Thank you and well done for your valued support and assistance on this site.

[mystery1]

Re: Deal - Ash25

Apologies, Mystery 1, I tried to send the above copy emails (& PDF) to you via a PM but I cannot get it to work. Thank you and well done for your valued support and assistance on this site.

My pm's have been switched off for ages, people keep bothering me and not starting a thread or posting at all

M1

[Amethyst]

Re: Deal - Ash25

Grumpy

WELL DONE PRIMAFACEA xxx ( and well done M1 again )

[mystery1]

Re: Deal - Ash25

Grumpy

WELL DONE PRIMAFACEA xxx ( and well done M1 again )

Who is it who doesn't want stuff done off board :tung:

M1

[Amethyst]

Re: Deal - Ash25

lol, ummmm, yes, forgot that ....

[Ash25]

Re: Deal - Ash25

Ok every one, I got the confirmation from the court today (in writing) that the case has formally been struck out!
This being because DEAL did not resubmit the claim with the required information as per the order.

Theres two very good precedents here (mine & primafacea) that others could use in their defence.

Good luck & thanks to all.

[TigerTiger]

Re: Deal - Ash25

Ok every one, I got the confirmation from the court today (in writing) that the case has formally been struck out!
This being because DEAL did not resubmit the claim with the required information as per the order.

Theres two very good precedents here (mine & primafacea) that others could use in their defence.

Good luck & thanks to all.

That's great news ASH25, could you please remind me as to which Court your hearing was at and under which District Judge, so that I may reference it in my letter.

[Ash25]

Re: Deal - Ash25

That's great news ASH25, could you please remind me as to which Court your hearing was at and under which District Judge, so that I may reference it in my letter.

Leeds county court. Order was made by District Judge Geddes on 28 January 2015.