Suing a fraudster

igorski

shaun_from_Africa wrote: »

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.

I'd like to think that I'm able to apply my own judgement.

Anyway, why am finding myself again replying to a post which is not really constructive...? No offence, but how do you see your post helping me in my situation?

igorski

unholyangel wrote: »

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.

Are you a lawyer by any chance? If so, I'd better accept what you're saying, otherwise I'll just keep hoping...

photome

Not the way to go about getting help

igorski

photome wrote: »

Not the way to go about getting help

I'll welcome a useful suggestion with a genuinely wholehearted gratitude!

George_Michael

igorski wrote: »

Anyway, why am finding myself again replying to a post which is not really constructive...? No offence, but how do you see your post helping me in my situation?

I would have thought that advising someone who is both frustrated and "in a bad place" to be careful when accepting or believing advice from a totally anonymous person to be very constructive.

If you want some more advice it would be that if you really want help from posters on here then a bit of an attitude adjustment on your part would be a good idea.

jonesMUFCforever

igorski wrote: »

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?

Do a bit of research here - Google up fraud cases generally - how many of them tell you that the fraudster just parks money in their bank accounts just in case they are caught?
Answer - virtually none. If you win he will claim he has no money - does he own property or an expensive car (not on finance)?
If not he will just laugh at you.

bris

The courts don't see you any different from the defendant. They will always take reasons for non attendance into consideration, dying in hospital is a pretty good reason to miss an appointment. Whether that's an excuse or not is not for you to decide.


Whether you agree or not the courts want a fair hearing which is what you will now get.

TW1234

I am not a solicitor but based on my own experience, if you are right about the person being a fraudster you may have a struggle to obtain satisfaction.

The application for set aside on the N2444 requires them to have paid the relevant fee and then their application must satisfy the court that,
1 There was a good reason for their failure to respond to the original case
2 That if the judgement was set aside and the case restarted, that they had a defense that had some prospect of success and was worthy to be heard.

You can argue against their evidence and the argument that they present to support the request. You can also apply for costs caused by their behavior if they are seen to be blameworthy.

If the set aside is allowed, then you "revert" to the original case and the matter follows the normal proceedings.

However, even if you "win" you may still have difficulty in obtaining the award amount, so be sure that the "fraudster" has the means to pay and that you are willing to enforce payment (at further cost outlay for you.)

You may be better on a different forum--one that covers court procedures rather than consumer rights. (Legal Beagle???)

agrinnall

igorski wrote: »

I'll welcome a useful suggestion with a genuinely wholehearted gratitude!

You had a useful suggestion in post #2, it's the only one that will get you an answer that you can rely on. If you're not prepared to invest to recover your money then you may as well just write it off and save yourself the stress.

igorski

jonesMUFCforever wrote: »

Do a bit of research here - Google up fraud cases generally - how many of them tell you that the fraudster just parks money in their bank accounts just in case they are caught?
Answer - virtually none. If you win he will claim he has no money - does he own property or an expensive car (not on finance)?
If not he will just laugh at you.

Hi, thanks for this, it's really a bit of an eye opener. I know he owns an expensive property but then again, does he really own it?

One day there's going to be an ultimate hearing which I'm hopefully going to win (unless the judge has no sense at all), and I will walk away from that with a moral victory, if nothing else. I'm baffled though why did he spend money on this additional hearing, however he seems to take pleasure in tormenting me.
Honestly, I haven't disclosed even a quarter of the story.

Best regards!