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CCJ obtained by fraud and without authority
Dear Legal Beagles(possibly attn Nick given his response on lack of authority with regards to Ally)
My situation is quite a complex one and has been ongoing for nearly 5 years now. The players involved have quite deep pockets and are all financial intertwined... their actions are standard operating procedures that no doubt exercised nation wide and have been done so for years.
Hence why they have gone to the extremes I will try to synopsize as briefly as possible below. I have also attached copies of documents and internal emails obtained via DSARS that prove my complaints/concerns/reasonable determinations and opinions.
In essence the advise I am seeking and/or assistance reporting these events to the right authorities stems from the freehold purchase(600k) of a new build house in WOKINGHAM.
The events and behaviours I am seeking guidance on , specifically relate to a CCJ, that was obtained by a managing agents favourite debt collection solicitor...who purportedly with authority of their client..... a resident management company set up by the developer(also the managing agent's proported client)...has been shown in recently obtainined evidence to :
1. Been initially instigated by the firm without the authority or knowledge of the claimant nor the managing agent that passed my personal data to them for 150£
2. The firm is also proven to have lied to the Courts about the actual identity of the entity that was entitled to the service charges the claim was based on...and who eventually instructed them to seek judgement. To clarify the claimant they submitted to the courts...I.e the resident management company was not only unaware of the claim it was not entitled to the service charges and was not the entity who's instructions the firm ultimately sought to get permission to seek judgement...the developer is proven in the dsar to be the entity.
3. Further more new evidence including an admission by the developer recommmend conveyencor to the SRA proves the contract/transfer deed the firm relied upon as proof that Estate rentcharges were legally due the resident mgt company (false claimant) was not duly executed by the defendants nor could have been sent to land Registry as claimed.
4. Land Registry has only recently admitted their past statements they had received the transfer with the defendants signatures but had not retained it has been rescinded. They also have futher admitted that they incorrectly registered the managing agent not the resident mgt company as the owner of the service charges.
I should note the developer has formally denied any involvement in instructing the firm to seek judgement...they have also gone as far as to tell the ICO that they have no relationship with the managing agent during a formal investigation my complaint that the developer passed my personal data to the managing agent without my authority or a lawful reason . This is despite the documents and admission by the developers MD confirming a long standing rolling contract between the developer and the managing agent.
5. It also turns out via a dsar made on the Courts that the date they demanded the directions questionnaire be due by was based on the date I sent a request for more time to provide a defence not from the date the defence was due after the claimants agreed to a 28 day extension ....subsequently informed to the Courts
There is much more to this story...including how when I confronted the developer and their solicitors about my reasonable conclusions the evidence obtained post their formal responses lead me to believe they had both intentionally lied to me and the ICO.....resulted in the developers solicitors filing a tseparate lawsuit with the developer's solicitors as the claimants against me harassment defamation and libel in the high Ct. They were initially successful in getting an injunction but the judge reserved costs. They might have been successful not by Andy admission by me that thier claim was valid...but only due to the fact it was an entire firm vs a litigant in permission who could not afford a solicitor.
Luckily their overconfidence was my salvation...they attempt to have me committed to prison for allegedly breaching the injunction which triggered my right to legal aid. I was then able to hire a solicitor and barrister who after being provided with all the dsar evidence not disclosed by these new claimants when obtaining the high court injunction coupled with evidence the claimants had tricked me into breaching the injunction by instructing me to continue contacting them for developers related issues and then using that contact as proof I breached the injunction that disallowed me contracting them as the new claimants in the high court case.
My barrister ultimately was successful in getting their agreement to withdrawithdrawal both the committal application as well as the harassment libel and defamation they also agreed to bear all their own costs which were nearly 200k in exchange for the injunction remaining in place but they would no longer represent the developer with regards to me or future claims vs the developer or any of the other entities involved in the CCJ.
Advice Requested
Apologies for the diversion from my original request... I just felt it necessary to give you some evidence of the lengths these entities will go to to protect the financial gains derived from the cilical relationships and potential consequences should the public become aware and file similar complaints/refuse payments like I have done.
So I am hoping you will be able to advise me on the best course of actions initially.... my thoughts are to apply to have the CCJ set aside under the fraud unravel all argument and/or for lack of authority and/or for the contract relied upon and not being binding/error in law and/or for the courts not following statutory requirements
I would be grateful for any help
Mark
My situation is quite a complex one and has been ongoing for nearly 5 years now. The players involved have quite deep pockets and are all financial intertwined... their actions are standard operating procedures that no doubt exercised nation wide and have been done so for years.
Hence why they have gone to the extremes I will try to synopsize as briefly as possible below. I have also attached copies of documents and internal emails obtained via DSARS that prove my complaints/concerns/reasonable determinations and opinions.
In essence the advise I am seeking and/or assistance reporting these events to the right authorities stems from the freehold purchase(600k) of a new build house in WOKINGHAM.
The events and behaviours I am seeking guidance on , specifically relate to a CCJ, that was obtained by a managing agents favourite debt collection solicitor...who purportedly with authority of their client..... a resident management company set up by the developer(also the managing agent's proported client)...has been shown in recently obtainined evidence to :
1. Been initially instigated by the firm without the authority or knowledge of the claimant nor the managing agent that passed my personal data to them for 150£
2. The firm is also proven to have lied to the Courts about the actual identity of the entity that was entitled to the service charges the claim was based on...and who eventually instructed them to seek judgement. To clarify the claimant they submitted to the courts...I.e the resident management company was not only unaware of the claim it was not entitled to the service charges and was not the entity who's instructions the firm ultimately sought to get permission to seek judgement...the developer is proven in the dsar to be the entity.
3. Further more new evidence including an admission by the developer recommmend conveyencor to the SRA proves the contract/transfer deed the firm relied upon as proof that Estate rentcharges were legally due the resident mgt company (false claimant) was not duly executed by the defendants nor could have been sent to land Registry as claimed.
4. Land Registry has only recently admitted their past statements they had received the transfer with the defendants signatures but had not retained it has been rescinded. They also have futher admitted that they incorrectly registered the managing agent not the resident mgt company as the owner of the service charges.
I should note the developer has formally denied any involvement in instructing the firm to seek judgement...they have also gone as far as to tell the ICO that they have no relationship with the managing agent during a formal investigation my complaint that the developer passed my personal data to the managing agent without my authority or a lawful reason . This is despite the documents and admission by the developers MD confirming a long standing rolling contract between the developer and the managing agent.
5. It also turns out via a dsar made on the Courts that the date they demanded the directions questionnaire be due by was based on the date I sent a request for more time to provide a defence not from the date the defence was due after the claimants agreed to a 28 day extension ....subsequently informed to the Courts
There is much more to this story...including how when I confronted the developer and their solicitors about my reasonable conclusions the evidence obtained post their formal responses lead me to believe they had both intentionally lied to me and the ICO.....resulted in the developers solicitors filing a tseparate lawsuit with the developer's solicitors as the claimants against me harassment defamation and libel in the high Ct. They were initially successful in getting an injunction but the judge reserved costs. They might have been successful not by Andy admission by me that thier claim was valid...but only due to the fact it was an entire firm vs a litigant in permission who could not afford a solicitor.
Luckily their overconfidence was my salvation...they attempt to have me committed to prison for allegedly breaching the injunction which triggered my right to legal aid. I was then able to hire a solicitor and barrister who after being provided with all the dsar evidence not disclosed by these new claimants when obtaining the high court injunction coupled with evidence the claimants had tricked me into breaching the injunction by instructing me to continue contacting them for developers related issues and then using that contact as proof I breached the injunction that disallowed me contracting them as the new claimants in the high court case.
My barrister ultimately was successful in getting their agreement to withdrawithdrawal both the committal application as well as the harassment libel and defamation they also agreed to bear all their own costs which were nearly 200k in exchange for the injunction remaining in place but they would no longer represent the developer with regards to me or future claims vs the developer or any of the other entities involved in the CCJ.
Advice Requested
Apologies for the diversion from my original request... I just felt it necessary to give you some evidence of the lengths these entities will go to to protect the financial gains derived from the cilical relationships and potential consequences should the public become aware and file similar complaints/refuse payments like I have done.
So I am hoping you will be able to advise me on the best course of actions initially.... my thoughts are to apply to have the CCJ set aside under the fraud unravel all argument and/or for lack of authority and/or for the contract relied upon and not being binding/error in law and/or for the courts not following statutory requirements
I would be grateful for any help
Mark
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