Civil case

Dekota

Company X is a travel agency person A has booked tickets with. Person A owes money to person B and so person B comes to know of the booking and phones up company X to cancel the ticket by impersonating person A.

Tickets are cancelled.

Person B was given a caution by the police after person A reported the incident.
Person A has gone to court to sue person B for all costs and losses. My question is, isn't the company X also liable for a percentage of person A's losses? Surely yes because the company was negligent to not identify the person cancelling the tickets as being the one who booked the ticket?

Cheers

Carrot007

Not unless you can prove they were aware they were not speaking to Person A. In which case they would not have done anything.

100% on person B.

Dekota

Right so I started my civil case against defendant months ago, it went to court and the hearing was adjourned as I had missed out some crucial documentation which were needed to prove that the defendant owes me money. Hearing was adjourned till after a month but I rang to confirm date of hearing yesterday and the staff told me my case has been withdrawn and that I had filed a notice of discontinuance??

Basically, I haven't withdrew my case and I suspect the defendant has fraudulently filed a notice of discontinence impersonating me and claiming that the amount has been settled for out of court.

So now my case is closed??

Is there anything I can do?

vax2002

If you are certain this is what has happened then call the police.
Someone is going to jail for perverting the course of justice if that is the case.

Dekota

vax2002 wrote: »

If you are certain this is what has happened then call the police.
Someone is going to jail for perverting the course of justice if that is the case.

I know that that is what's happened, if I go to the police, won't they ask for proof?

vax2002

Dekota wrote: »

I know that that is what's happened, if I go to the police, won't they ask for proof?

Thats their job, yours is to report the crime.

Waiting_for_Pay_Day

You could go to the Court and ask to see the notice of discontinuance which will be on your case file. You might find that the Court have made a mistake - all cases are given a claim number and it is not beyond the realms of possibility that someone else's instructions have been wrongly entered on your case file.

Skint_yet_Again

Dekota wrote: »

... I rang to confirm date of hearing yesterday and the staff told me my case has been withdrawn and that I had filed a notice of discontinuance??.....

Is there anything I can do?

I would also ask the court for a copy of the filed notice so you can see what has been submitted.

Dekota

Hi there,

There was an ongoing civil case and the case was adjourned and next hearing, a CCJ was given against the defendant as he didnt appear (he died in the interim period). My question is what happens to the debt and the CCJ?

Thanks

chanz4

it goes to his estate

Dekota

I was advised by the police that I can be held liable for £800 which the cliamant had lost and the police had confirmed this amount when I was given a caution and I've got the recording to prove that.

The claimant has try to sue me for £2300 but the court wanted evidence of his calculations, the hearing was adjourned and in his new witness statement, he is now claiming for some £4500! which is frankly absurd and not affordable to me. What are my options? Can I use the police recording as evidence in the court that the amount was actually meant to be £800? Thanks