Suing a fraudster

igorski

Hi everyone,

I'd be very grateful for some sound legal advice as I'm at the end of my tethers and my faith in the justice system is evaporating quickly.

I've been suing a previously convicted fraudster for money he never paid me when I worked for him (not as a fraudster apprentice may I add).
I have won my case on a hearing which he failed to attend.

Now he's applied for that judgement to be set aside on a basis that he was dying in a hospital when the case was being heard. Obviously he miraculously recovered a few days later in order to send a N244.

To my total amazement bordering on outrage he was given a hearing which is due in September.

My frustration stems from the fact that he's already failed two deadlines for submitting his witness statements, therefore I understood that even if he was present at the hearing where he lost, his evidence would not have been admitted.

As I have said he's an experienced crook whilst I just want my money back and return to my relatively peaceful life, yet my feeling is that the judges bend over backwards in order to assist him whilst my rights and suffering don't even get a second glance.

I would have thought that the defendant had to apply for a deferral prior to the hearing, if he was struck with a sudden illness surely a family member could have applied?

My feeling is that in the absence of evidence to support his defence he's trying every trick available to delay the course of justice, can anyone please suggest what I can do to help prevent the current judgement to be set aside?

Many thanks in advance!

neilmcl

If you want sound, legal advice then you need to see a solicitor. This is a public forum and at the very least you'll simply get opinions, sound or otherwise.

igorski

Hi Neilmcl,

With all due respect, I just don't need another nail in my coffin from people sending statements which appear patronising.

The reason why I've posted here is simply that I'm hoping for a kind helpful lawyer to stumble upon this post and come up with some useful advice.
I cannot afford a solicitor and have got a family to feed.
That person owes me several thousand pounds.

AndyMc.....

In the interest of justice do you not think it's just a fair hearing takes place?

cajef

igorski wrote: »

I cannot afford a solicitor and have got a family to feed.
That person man owes me several thousand pounds.

But you expect a lawyer to give you free advice?

igorski

I don't expect anyone to do anything, I was just hoping and I thought I'd put it this way...
Don't you believe in helpful lawyers willing to give a free advice? I'm always willing to give a free advice in my field of expertise.

Can I make an appeal please?

As I have said I'm in a bad place right now because of this issue and posts which are not intended to be helpful waste my time, that of the writers (whatever their motives are) and also potential readers hoping to benefit.
Moreover, they are likely to discourage people in similar situation from seeking help here - I really thought that was what this forum was set up for?

Many thanks!

igorski

AndyMc..... wrote: »

In the interest of justice do you not think it's just a fair hearing takes place?

No, not anymore. I have always thought that the court rules are to be obeyed by all parties, however this person has been getting away with murder. I have described the latest chapter in this ongoing saga, but whenever I tell other people what's been happening they gasp in disbelief.

Many thanks for your valid point though.

jonesMUFCforever

I will give you my free legal advice - no charge -- attend the court hearing put your side of the case and await the court's decision.
You have a 50-50 chance of winning (or losing!).

Even if you win from what you have written about this fraudster, you stand very little chance of actually seeing your money.
By this time you may have legal costs to pay on top.

unholyangel

igorski wrote: »

Hi Neilmcl,

With all due respect, I just don't need another nail in my coffin from people sending statements which appear patronising.

The reason why I've posted here is simply that I'm hoping for a kind helpful lawyer to stumble upon this post and come up with some useful advice.
I cannot afford a solicitor and have got a family to feed.
That person man owes me several thousand pounds.

You won't find any reputable solicitor who will give professional advice for free on an anonymous forum. They may do so anonymously, but they're not going to stick their professional neck out (their indemnity insurance is unlikely to cover them in such circumstances) unless you're paying them.

shaun_from_Africa

igorski wrote: »

The reason why I've posted here is simply that I'm hoping for a kind helpful lawyer to stumble upon this post and come up with some useful advice.

But when you get replies, how can you be sure that someone posting on here and claiming to be a lawyer is not feeding you a line of bull****?
Asking about consumer rights is one thing, getting legal advice from a totally anonymous person is something totally different.

igorski

jonesMUFCforever wrote: »

I will give you my free legal advice - no charge -- attend the court hearing put your side of the case and await the court's decision.
You have a 50-50 chance of winning (or losing!).

Even if you win from what you have written about this fraudster, you stand very little chance of actually seeing your money.
By this time you may have legal costs to pay on top.

This is just what I'm fearing now, that even if I win (again!) I'll never see my money back.

Is the lesson from this post that you should never ever consider going to a small claims court as it's just going to cause more stress and losses?