Re: Have you received a letter from Davenport Lyons?
 

Ah, your "mystery" friend that you can't provide any links or evidence about.....

Re: Have you received a letter from Davenport Lyons?
 

Care to tell us what court that was in so we can check it out?














Didn't think so....

Re: Have you received a letter from Davenport Lyons?
 

Would you look at that - the story has changed again!
:D

Re: Have you received a letter from Davenport Lyons?
 

Remind us, who is it you work for? :dozey:

Re: Have you received a letter from Davenport Lyons?
 

No. They didn't. And 'he' didn't.

Re: Have you received a letter from Davenport Lyons?
 

I find that very difficult to believe.

Re: Have you received a letter from Davenport Lyons?
 

Indeed! I don't think any law firm would advise you to basically do a runner!

Re: Have you received a letter from Davenport Lyons?
 

D/L wouldn't ;)

Re: Have you received a letter from Davenport Lyons?
 

ive spent a considerable amount of time searching for previous cases, there is only one and that is the case where the woman didnt turn up. ive been told by a solicitor and trading standards that they dont have enough evidence to take the individuals to court!

Re: Have you received a letter from Davenport Lyons?
 

Yup only 1 documented, and that wasn't even defended. I am sure that if some poor punter had lost to them they would be making a real song and dance, and that summons would have increased.

Re: Have you received a letter from Davenport Lyons?
 

that was what i was thinking. i recieved my third letter the other day. ive decided to ignore this one due to the fact they didnt even bother to read the last two i sent.

Re: Have you received a letter from Davenport Lyons?
 

Anyone got any idea how to get them into court?

The problem is that if you want to make a defence, you need to supply some documentation and evidence of your own, and since they have to receive copies they will know you intend to fight them and instantly drop the case. I suppose you could try and just keep quiet until the day of the hearing, but it might be difficult to win... I guess you could always ask for a delay to sort your documentation out, and by that point DL would be committed so even if they dropped you could claim victory.

The only other thing I can think of doing is to sue them to stop sending me letters.

Re: Have you received a letter from Davenport Lyons?
 

What about an idea to keep them out of court? Apologies if this has been posted before.

http://www.attorneygeneral.gov.uk/sub_our_role_vex.htm

What is a vexatious litigant?

A vexatious litigant is someone who is prevented by a court order from issuing proceedings without leave of the court. Such orders may be either for a specified period of time or indefinite, and may apply to civil proceedings, criminal proceedings or both.

How does a person become a vexatious litigant?

Under section 42 of the Supreme Court Act 1981 and section 33 of the Employment Tribunals Act 1996, the Attorney General may apply for an order against a person who has litigated "habitually and persistently and without any reasonable ground". The precise number of proceedings required to meet the test is not specified in the legislation, but normal cases involve at least five or six vexatious actions (25000 at the last count!). The court will take into account all the surrounding circumstances including the general character of the litigation, the degree of hardship suffered by defendants and the likelihood of the conduct continuing if an order is not obtained.

How is the Attorney informed about potential vexatious litigants?

Members of the public write to the AGO and to Treasury Solicitor's Department to ask the Attorney to apply for an order. There is no formal procedure for such complaints. Treasury Solicitor's Department then undertakes an investigation into the conduct of the individual concerned, in accordance with an agreement between the AGO and the Treasury Solicitor as to the appropriate steps and the time limits within which those steps should be completed. The opinion of Counsel is normally obtained before seeking the authorisation of the Law Officers.

What happens after an order is made?

Lists are prepared of persons against whom section 42 orders have been made and these are circulated to court offices, so the system is largely self policing. The list is also available on the Court Service website. Occasionally, individuals subject to an order succeed in issuing cases without leave of the court. In these cases, the Attorney General must decide whether to bring contempt of court proceedings.

What is the Attorney General doing to resolve the problem?

The Attorney places a high priority on protecting members of the public and employees of the court service from abuse and harassment at the hands of vexatious litigants, and on preventing the obstruction of the court system(25000 court cases will certainly tie up the court!). He maintains an ongoing dialogue with relevant members of the High Court judiciary, the President of the Employment Appeal Tribunal and the Department for Constitutional Affairs to ensure a joined up approach in this area with new strategies constantly being considered.

Is there any other way to stop vexatious behaviour?

Recently, the number of applications for orders under section 42 or section 33 has been reduced, largely as a result of the developing jurisdiction in relation to civil restraint orders ("CRO"s). CROs last for two years only and are more variable in scope than section 42 or section 33 orders. A court does not have to make a CRO before making a section 42 order, and in making a CRO, a court must consider whether it gives sufficient protection to the public. The Civil Proceedings Rules now require a court to make a record where any application is considered to be totally without merit. At the same time, the court must consider whether to make a CRO.

Re: Have you received a letter from Davenport Lyons?
 

I`m not a lawyer but this sounds good...

...who would "apply" though?

.....would have to be people who have recieved letters and lots of them!

unfortunately the brittish are notoriously bad at organising this sort of mass action (unless it involves kicking in windows/rival footie fans);)

Re: Have you received a letter from Davenport Lyons?
 

So 1100110101 can use Google.

Well done, I'm proud of you.

After all, cutting and pasting a load of text is the same as having an actual understanding of what it's saying. :rolleyes: