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Lookalike Summons - offence?

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  • #1

    Lookalike Summons - offence?

    This article piqued my curiosity.

    http://www.thisisnorthdevon.co.uk/No...#axzz2Q5KvQLak

    What is the actual legislation and offence?

    Whilst the person in the article used a genuine form, some DCA's send out threatograms designed to look very like a court summons or other official documents.

    I wonder how close it would have to be, to be a prosecutable 'fake'?
    Tags: None
    • 1 thank
  • #2
    Re: Lookalike Summons - offence?

    Originally posted by enquirer View Post
    This article piqued my curiosity.

    http://www.thisisnorthdevon.co.uk/No...#axzz2Q5KvQLak

    What is the actual legislation and offence?

    Whilst the person in the article used a genuine form, some DCA's send out threatograms designed to look very like a court summons or other official documents.

    I wonder how close it would have to be, to be a prosecutable 'fake'?
    The offence is Pretending to Be Acting Under the Authority of A Court which is contrary to Section 135, County Courts Act 1984.

    Without seeing one of the faux summons DCAs send out, I could not say whether it would be sufficient to warrant prosecution. Any chance of posting one up, please?
    Life is a journey on which we all travel, sometimes together, but never alone.

    Comment

    • #3
      Re: Lookalike Summons - offence?

      Originally posted by enquirer View Post
      This article piqued my curiosity.

      http://www.thisisnorthdevon.co.uk/No...#axzz2Q5KvQLak

      What is the actual legislation and offence?

      Whilst the person in the article used a genuine form, some DCA's send out threatograms designed to look very like a court summons or other official documents.

      I wonder how close it would have to be, to be a prosecutable 'fake'?
      This is interesting we had a case on here the other week of a dca sending an N1 to a debtor, which had not been issued by the court.
      • 2 likes

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      • #4
        Re: Lookalike Summons - offence?

        Thanks. Will read up on that.

        Originally posted by bluebottle View Post
        Any chance of posting one up, please?
        Not got one to hand, but I have seen a couple in passing. If I do get hold of one, I certainly will post, as this seems to be a trend. One DCA in the US actually created a complete fake courtroom into which victims were lured to receive 'judgements'!
        • 1 thank

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        • #5
          Re: Lookalike Summons - offence?

          You can download an N! from the HMCS website then all you do is send it to the debtor, no way of telling if it has come through the court or not, except for the court stamp of course.

          I don;t think it is illegal to do this, unless you infer that it is anything other than what it is,
          • 1 thank

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          • #6
            Re: Lookalike Summons - offence?

            Originally posted by gravytrain View Post
            You can download an N! from the HMCS website then all you do is send it to the debtor, no way of telling if it has come through the court or not, except for the court stamp of course.

            I don;t think it is illegal to do this, unless you infer that it is anything other than what it is,
            Without a court stamp and a judge's signature, you're stuffed, as was the numpty in the news report. The DCA you mention, GT, could be prosecuted for sending the N1, alone. However, if the debt is disputed or not recoverable, e.g. not attributable to the alleged debtor, then there could be offences under the Fraud Act 2006.
            Life is a journey on which we all travel, sometimes together, but never alone.
            • 2 likes

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            • #7
              Re: Lookalike Summons - offence?

              Originally posted by bluebottle View Post
              Without a court stamp and a judge's signature, you're stuffed, as was the numpty in the news report. The DCA you mention, GT, could be prosecuted for sending the N1, alone. However, if the debt is disputed or not recoverable, e.g. not attributable to the alleged debtor, then there could be offences under the Fraud Act 2006.
              I have been trying to find the post, it was fairly rescent and I seem to remmber celestine commented on it.

              The DCA had sent an N1 and the OP was panicking because she thought it was a claim from the court, but no stamp and no response pack. We advised her accordingly.
              • 2 likes

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              • #8
                Re: Lookalike Summons - offence?

                Might have been Lowells, GT. They're stupid enough to do something like that.
                Life is a journey on which we all travel, sometimes together, but never alone.
                • 3 likes

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                • #9
                  Re: Lookalike Summons - offence?

                  No I can't remember where the thread was either. I don't think it was Lowell's though.

                  I commented that many years ago on CAG, it was suggested that a LIP seeking refund of bank charges could send a prelim, then an LBA with a copy of the N1 TO BE filed in 14 days to 'show them you were serious'.

                  This practice has not flourished but I do not believe it is unlawful to send out a filled in N1 form accompanying pre-action correspondence.

                  It's certainly something that would intimidate those unaware of the rules.....bit like issuing a Statutory Demand. Absolutely no obligation to follow it through & costs nothing to issue.
                  "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

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                  • 3 likes

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                  • #10
                    Re: Lookalike Summons - offence?

                    Originally posted by enquirer View Post
                    Thanks. Will read up on that.


                    Not got one to hand, but I have seen a couple in passing. If I do get hold of one, I certainly will post, as this seems to be a trend. One DCA in the US actually created a complete fake courtroom into which victims were lured to receive 'judgements'!
                    Are you serious? Surely that would be a criminal offence big time, even in the US! Is there a link to that post/article somewhere?
                    • 1 thank

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                    • #11
                      Re: Lookalike Summons - offence?

                      Originally posted by FlamingParrot View Post
                      Are you serious? Surely that would be a criminal offence big time, even in the US! Is there a link to that post/article somewhere?
                      Enquirer is probably thinking of Judge Judy. I love that no-nonsense woman :director:

                      http://www.youtube.com/channel/HCaImWOlbULew
                      Last edited by PlanB; 15th April 2013, 14:46:PM.
                      • 2 likes

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                      • #12
                        Re: Lookalike Summons - offence?

                        Originally posted by PlanB View Post
                        Enquirer is probably thinking of Judge Judy.
                        See here. http://www.rawlslawoffice.com/legal-...its-Office.htm

                        Comment

                        • #13
                          Re: Lookalike Summons - offence?

                          Originally posted by PlanB View Post
                          Enquirer is probably thinking of Judge Judy. I love that no-nonsense woman :director:

                          http://www.youtube.com/channel/HCaImWOlbULew

                          Reminds me of somebody here! bye off to make a cuppa before I get another clip ear!

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