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When is a Solicitor not a Solicitor?

A general discussion about community fees and legal issues.

Welbeck Law LLP's War on Rogue Debt Collectors
Tuesday, March 26, 2013 @ 8:38 PM

I am a solicitor of the Supreme Court in England and Wales and one of the areas in which I specialise, is insolvency law.

I act for liquidators and my work regularly involves investigating the reason for a company's failure. The investigation also revolves around tracing missing company monies and then bringing claims against the former directors where they have misappropriated funds.

I grew up in Spain and have always loved the life style on the Iberian Peninsula and over the years I have met several Spanish abogados. I was asked by a couple of abogados last year if I could help collect in community fees and over the last year our community fee debt collection service has mushroomed and we now act for communities up and down the coast.

Notwithstanding my experience of dealing with several colourful directors, I was surprised when I was approached to act for a community (and several since) who had previously used the 'services' of a debt collection firm based in the North of England.

Because of client confidentiality and our continuing investigations we cannot divulge the details of our community clients nor the specific details and particulars of the complaints made.

I can however list the nature of the complaints which are as follows:-

  • a failure to fully account for debts collected;
  • a failure to account for court fees paid by the community;
  • wrongfully misleading clients into believing that monies had been collected when no such collections had taken place;
  • informing clients that monies collected were being sent by electronic transfer but no such funds materialising;
  • informing clients that hearings were due to take place even though no actual court application had been issued.
  • failing to turn up to a hearing or arranging for representation.

As one might expect the above actions have caused a great deal of stress to the communities involved not least because thay have been cash starved of community payments and hence the reason for using the debt collector concerned in the first place.

My firm is representing several communities with a view to commencing legal proceedings. If you or a community has suffered losses from using a debt collection firm in England, please contact me or one of my colleagues in confidence. Email us at info@welbecklawllp.co.uk or call 952 468967 or 0044 (0) 207 467 3999



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8 Comments


Nigel Sussman said:
Wednesday, July 17, 2013 @ 12:14 PM

Jeremy,

I am the Managing Director of High Court Collections Ltd, we operate an ethical and transparent high court enforcement business and have collected on a substantial number of Community Debts and we like to think we have provided a great service in the past.

Unfortunately we have also experienced the kind of bad practice you are talking about.

I am aware that you and your firm "play it by the book" as it were and fully support your "War on Rogue Debt Collectors"

I have heard that there is a winding up petition against Kettlewell Solutions Ltd, hopefully the Communities will look for someone like yourselves to represent them in the future.

If you wish to contact us, you can email us at enquiries@highcourtcollections.com


Martin Hildreth said:
Wednesday, July 17, 2013 @ 1:20 PM

Jeremy,

My name is Martin Hildreth I am the Enforcement Officer who was working with said debt recovery company based in the north of England. I have had a great deal of success in collecting over £ 500,000 - £ 750,000 of unpaid community fees since 2009. Unfortunately I did not know about the internal and admin aspect of said company and was shocked to hear about bad practices and client neglect to say the least. I have now distanced myself from said company. It is refreshing to see that your bringing back a transparent and honest approach to this specialized industry. I could not think of a better person to spearhead this campaign in helping the hundreds of vulnerable communities across Spain try to retrieve some of the unpaid community fees that cast a grey cloud over their haciendas.

Kind regards

Martin Hildreth

Certified Enforcement officer
of Her Majesty Court Services


Lisa G said:
Friday, August 2, 2013 @ 1:09 PM

I only came across this by accident and I am to say the least absolutely ‘gobsmacked’ at the contents……………talk about the pot calling the kettle black!

Sometime last year I regret that we (my partner & I) did indeed become a ‘victim’ as the result of failing to pay our community charge. The property is in my Partner’s name and the first we knew of the matter was a knock on the door a Martin Hildreth acting on behalf of a company called High Court Collections, who in turn were acting on behalf of a UK firm called Kettlewell’s. Mr Hildreth and his minder were indeed intimidating people and I must admit to be extremely frightened that they were going to take away possession form our home.

We were quite frankly staggered at the costs charged by HCC in respect of their attendance. There was a fee for a previous visit, which we know nothing of as nothing was left………draw your own conclusions! There was a van fee of some staggering amount fees for inventory, although this was not carried out and in all was around £3k. When we questioned this and could they do anything about the costs…the flip remark was yes of course we can increase them if we have to wait any longer.

We settled on full and they wanted 4% for the credit card payment……………….I felt as though we had been robbed in broad daylight and there was nothing we could do.

Some weeks later I rang the Community to get some work done in respect of my property and to apologise to the lateness of our payment only to find that the money had not been paid to them and we were still, as far as they were concerned ‘defaulters’.

I rang Kettlewells in anger and spoke to someone in their office. You can imagine how angry we were about the whole thing, especially the additional charges, and then to find they had not been accounted for. Kettlewell’s were extremely helpful and polite and made calls to HCC, who they said had informed them the money was not collected………..I went through the roof!

I rang HCC and spoke to someone called Nigel and what an arrogant piece of work he is. At first he said that it had not been paid, then he said it may still be with the Officer and he would look into it and call me back. No call back from him and calls then ducked. I rang with another name and got put through to him. Full of excuses as to why he had not called me back and he was looking into it. I said I would stay on the line whilst he sorted it. Eventually he made some limp excuse that they had received the funds but they had come in under a wrong number at that they would resolve it. He then told me he had to keep the funds for 14days before paying out and I lost it at this stage and asked why he had already kept them for two and a half months. He stuttered that he would make payment today as though he was doing me a favour. I asked him to contact the community and tell them that it was an error on their part and that they had the funds in full, which he promised to do.

He did not and Kettlewells were still saying they had not received the funds to pass on to the community. They said they would resolve the matter and get back to me. I thought that would be the last I heard from them and I was in the ‘loop’ again………….but I was wrong. They rang me a number of times always being helpful but saying they had difficulties with contact at HCC, which I knew only too well was true. They then called to say that HCC had confirmed the funds and that they were sending them. Kettlewells spoke to our community and told them exactly what had happened and even called us back when they had done so.

I am sorry that I run only but feel better for it. I do not understand why these posts are here as though these people do not know each other and con only surmise that it is out to discredit Kettlewell, when the real culprits were High Court Collections and Hildreth. I do not know of the other party but did ‘Google’ them only to find the same complaints I have levelled at HCC regarding overcharging have numerously been levelled at them.

To the Presidents of the Communities…………see this for what it is…………….. and stay away from all concerned…………..if for some reason you feel uncomfortable with Kettlewell’s as a result of these posts I would suggest that you use another company completely but do some research in respect of the ones that are rip off merchants as these people clearly are.



Nigel Sussman said:
Monday, August 5, 2013 @ 11:54 AM

Dear Lisa G

You do not say what case you are referring to and I do not recognise any of your commentary so I cannot answer your comments above.

If you can confirm the details then I will be more than happy to explain the actions of HCC Ltd.

Kind Regards

Nigel Sussman



martin hildreth said:
Monday, August 5, 2013 @ 1:54 PM

I find the above comments of Lisa G quite amusing and totally false. Just a few points to make.
- I have not enforced a writ in the name of Lisa G
- It has been nearly a year since I last enforced for kettlewell
- Why has it taken you so long to lodge a to post on here
- Why have you not made an official complaint with certain governing bodies within our industry
- Whilst working with HCC we did not have the facility to take a credit card payment
- All payments were chaps transfer or cash which do not have a charge
- Kettlewell is currrently in court regarding a lot of what you describe in your comments , you do the math and work out which party were dishonest .
Please feel free to contact me with any more grievances regarding my conduct and I can send you links where you can lodge a formal complaint as I regard myself as one of the country's leading enforcement officers on the subject of community fees.
Kindest regards

Martin Hildreth


Michael La Boss said:
Monday, August 5, 2013 @ 2:11 PM

HCC are perhaps the smallest HCEO and certainly one of the newest only establish last year. Numbers of writs in the 10 per month rather than the 100 that most others do.

I think Lisa G was fairly specific, yet poor Mr Sussman could not recall the case!

Is this an age thing or are we to draw a conclusion that they have so many complaints, how do you expect Mr Sussman to remember one of them specifically?

Mr Sussman, these type of posts reflect badly on the industry as whole...........why not simply offer an apology to Lisa G and let the matter rest?


Michael La Boss said:
Monday, August 5, 2013 @ 2:55 PM

Martin

I was busy typing and did not see your post arrive?

For the benefit of the ignorant, like me, out there what exactly is

'CERTIFIED ENFORCEMENT OFFICER OF HER MAJESTY COURT SERVICES'

Is this an 'iron on' title that you gave yourself, or does such a position exist?

I know of a Certificated Bailiff and you are clearly not one of those?

I know of a High Court Enforcement Officer and you are clearly not one of those either, so who or what are you?

I also notice that you made no reference to being associated with the infamous Mr Sussman in your first posting, why was that?




Nigel Sussman said:
Monday, August 5, 2013 @ 3:09 PM

Michael,

We are a certainly a new start up business and operate a transparent and ethical operation we have nothing to hide.

Your numbers are a bit inaccurate, we actually made 8th largest in the first 12 months of trading.

Lisa G has not given the specifics of the case and not even given her name.

As to complaints, we haven't had a single complaint upheld, although I would hate to be seen to be complacent, although we try very hard, you can never be 100%.

Kind Regards

Nigel Sussman




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