Suing a fraudster

AndyMc.....

igorski wrote: »

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!

And that's why any advice other than to see a solicitor is dangerous.

igorski

George_Michael wrote: »

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.

Hi, thanks for your comment.

My 'attitude' serves a purpose by hopefully discouraging some 'armchair contributors' who see this forum as just a bit of entertainment from actually replying.

Although as I've said I'm in a bad place right now, I know I will get through it, with or without this forum's input.

What some of the replies made me realise though, If someone in a far worse position and a mental state turned to these forums for help, some of those answers could just break them....

Please please please, can anyone just think before replying - are you actually helping or just doing that to make yourselves feel smug and clever?

Regards

Manxman_in_exile

If you can't afford a solicitor (and some will give 30 mins free advice) you could try the General Legal forum at consumeractiongroup.co.uk


I'm pretty certain that the people there have a better knowledge and experience of court procedures than most of the posters on a consumer rights forum will have. (No offence to my fellow forumites!)

GDB2222

igorski wrote: »

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!

1. If you have access to Usenet, ask your question on uk.legal.moderated and you are likely to get sensible legally-based advice.

2. There is a post above, from TW1234, which looks right to me. There is a presumption in the CPR that a trial should take place if there is a reasonable defence.

3. The court fee for a set aside is quite chunky - £255**. So, there has to be a reason why the defendant has paid this. That is quite encouraging, in a way, as it implies that you might eventually be able to enforce the judgement, assuming you win.

** Of course, he may have claimed poverty and had the fee waived.

igorski

GDB2222 wrote: »

1. If you have access to Usenet, ask your question on uk.legal.moderated and you are likely to get sensible legally-based advice.

2. There is a post above, from TW1234, which looks right to me. There is a presumption in the CPR that a trial should take place if there is a reasonable defence.

3. The court fee for a set aside is quite chunky - £255**. So, there has to be a reason why the defendant has paid this. That is quite encouraging, in a way, as it implies that you might eventually be able to enforce the judgement, assuming you win.

** Of course, he may have claimed poverty and had the fee waived.

Thanks, I hear what you say!:T

igorski

TW1234 wrote: »

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.

That's what makes me so angry and powerless! He twice missed his deadlines for submitting his evidence (well before the hearing and his alleged illness) and yet the case carries on as if nothing has happened, where's their concern for the claimant? BTW, he lives 10 minutes from the courts, whereas it's a 2 hours' journey for me...

igorski

Manxman_in_exile wrote: »

If you can't afford a solicitor (and some will give 30 mins free advice) you could try the General Legal forum at consumeractiongroup.co.uk


I'm pretty certain that the people there have a better knowledge and experience of court procedures than most of the posters on a consumer rights forum will have. (No offence to my fellow forumites!)

Thanx Manxman in exile! :beer:

jonesMUFCforever

igorski wrote: »

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!

For a small fee ( I think£3) you can go to Land registry website and find out who owns the property and find out if there are any mortgages/secured loans on it.

igorski

igorski wrote: »

Thanks, I hear what you say!:T

Sorry, my daughter just told me that the clapping emoji could be considered sarcastic, it was not intended that way :A

steampowered

igorski wrote: »

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.

Don't take it personally. This person has claimed he was in hospital so was unable to attend the hearing and presumably unable to miss deadlines.

The court doesn't know whether that is true or not without holding a hearing.

By the way, the defendant would have had to pay £255 to get the hearing.

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?

The most obvious course of action would be to attend the hearing and object to the set-aside application.

igorski wrote: »

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?

Do a land registry search to find out if he owns it. If he does, you could consider seeking a charging order if you get a CCJ.