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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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A debt collector tried to collect on a debt when FCA ( financial

Resolved Question:

A debt collector tried to collect on a debt when FCA ( financial conduct authority ) permissions were inactive, then instructed a solicitor to start legal proceedings who also had inactive FCA permissions.
Isn't that Fraud by false representation ? extortion? something bad?
Its certainly not right, if they dont have the permission of the FCA they have no authority and without that authority they are just an unlicensed highway man.
they are in breach of the consumer credit act.
Submitted: 1 year ago.
Category: Law
Expert:  Alice H replied 1 year ago.
Hi my name is Alice. Do you have a specific question about this?
Customer: replied 1 year ago.
Hello, yes is It Fraud by false representation ? can i take them to court?
Expert:  Alice H replied 1 year ago.
Acting without proper authorisation is a breach of the Financial Services and Markets Act 2000 - under that act section 24 makes it a criminal offence to pretend to be authorised or to act without authorisation.
Expert:  Alice H replied 1 year ago.
24False claims to be authorised or exempt.(1)A person who is neither an authorised person nor, in relation to the regulated activity in question, an exempt person is guilty of an offence if he—(a)describes himself (in whatever terms) as an authorised person;(b)describes himself (in whatever terms) as an exempt person in relation to the regulated activity; or(c)behaves, or otherwise holds himself out, in a manner which indicates (or which is reasonably likely to be understood as indicating) that he is—(i)an authorised person; or(ii)an exempt person in relation to the regulated activity.(2)In proceedings for an offence under this section it is a defence for the accused to show that he took all reasonable precautions and exercised all due diligence to avoid committing the offence.(3)A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale, or both.(4)But where the conduct constituting the offence involved or included the public display of any material, the maximum fine for the offence is level 5 on the standard scale multiplied by the number of days for which the display continued.
Customer: replied 1 year ago.
Im not educated in law so dont understand what any of that means, can you please elaborate?
Expert:  Alice H replied 1 year ago.
Pretending to be authorised or acting without authorisation is a criminal offence.
Expert:  Alice H replied 1 year ago.
You should report them to the FCA.
Customer: replied 1 year ago.
i want to take them on, are there solicitors that specialise in this who would be interested?
Expert:  Alice H replied 1 year ago.
You won't get legal aid. Plus it will cost you a fortunate to take action. Also because it's a criminal offence, you cannot enter a 'no win no fee' arrangement. You have to go through the FCA.
Customer: replied 1 year ago.
If its criminal shouldnt it be reported to the police?
Expert:  Alice H replied 1 year ago.
Can I help you any further?
Expert:  Alice H replied 1 year ago.
No, because it's not fraud - it's a breach of the law that governs credit licensing which is what the FCA is set up to do. They can refer cases to the police.
Customer: replied 1 year ago.
Fraud by false representation(1)A person is in breach of this section if he—(a)dishonestly makes a false representation, and(b)intends, by making the representation—(i)to make a gain for himself or another, or(ii)to cause loss to another or to expose another to a risk of loss.(2)A representation is false if—(a)it is untrue or misleading, and(b)the person making it knows that it is, or might be, untrue or misleading.(3)“Representation” means any representation as to fact or law, including a representation as to the state of mind of—(a)the person making the representation, or(b)any other person.(4)A representation may be express or implied.(5)For the purposes of this section a representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention).
Customer: replied 1 year ago.
Would that not define their behaviour?
Expert:  Alice H replied 1 year ago.
You can certainly give it a go. There is nothing to be lost by reporting this to the police - but the specific crime is one of carrying on reserved activity without authorisation under s.24 FSMA 2000. Fraud is difficult to prove because you have to show they dishonestly intended to cause a loss or make a gain - their defence will be that they were trying to collect a debt. Under s.24 it doesn't matter whether they were dihonest or not, the issue is whether they were conducted reserved activity without authorisation. It's a subtle difference but an important one.
Customer: replied 1 year ago.
ok, am i entitled to damages ? if they are not authorised then surely what they did was harassment, using fear to extract monies?
isnt that a tort?
Expert:  Alice H replied 1 year ago.
Do you dispute the debt?
Customer: replied 1 year ago.
i disputed they have the legal claim to the money, it today became apparent they didnt even have the legal authority
Expert:  Alice H replied 1 year ago.
In which case you may have claims under the Protection from Harassment Act 1997 - for harassment, Administration of Justice Act 1970 - unlawful harassment of debtors, Data Protection Act 1998 - unlawful processing of personal data etc.
Alice H and other Law Specialists are ready to help you
Customer: replied 1 year ago.
if A says to B, you owe me money or im taking you to court, then A uses C to start legal proceedings but both A and C have no legal authority then surely they committed a great wrong against B, B would be entitled to justice no?
Customer: replied 1 year ago.
Ok cool, and what type of solicitor could help with that?
Expert:  Alice H replied 1 year ago.
Thanks.You need a solicitor who specialises in civil litigation to pursue a claim for damages for harassment. The Law Society on 0207(###) ###-####will be able to give you a list of solicitors in your area who do this kind of work.
Customer: replied 1 year ago.
so if its civil would that be no win no fee?
Expert:  Alice H replied 1 year ago.
I personally wouldn't take the case on a no win, no fee or contingency arranegment because the value of the compensation is likely to be very low perhaps not even as much as £1,000.
Expert:  Alice H replied 1 year ago.
But in principle you could engage a solicitor on no win no fee basis.
Customer: replied 1 year ago.
do you think i would be able to sue for harassment and win ?
Expert:  Alice H replied 1 year ago.
I don't have enough information to give that kind of opinion unfortunately - I would have to get much more information from you about times / dates / conduct etc to give a proper answer.
Customer: replied 1 year ago.
could i go through the small claims court?
Expert:  Alice H replied 1 year ago.
Yes. This is not a high value claim as far as I can see, so small claims procedure would be the best option.
Customer: replied 1 year ago.
How much would you suggest to claim?
Expert:  Alice H replied 1 year ago.
Again without a full assessment I can't say but if this involves general harassment for a debt, a court is unlikely to award a huge sum. In my experience £1,000 really is top end with the average claim awarded by people like the FCA or FOS around £250.
Expert:  Alice H replied 1 year ago.
I have to go offline now unfortunately but I will be back at 9 am if you wish to continue :)
Customer: replied 1 year ago.
thank you for your help
Expert:  Alice H replied 1 year ago.
Good morning. I am available this morning intermittently. Please let me know if you wish to discuss further. Alice