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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69368
Experience:  Over 5 years in practice
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Hello, I received a Notice of Claimant Application by post

Customer Question

Hello, I received a Notice of Claimant Application by post 2 days ago saying that I sold a car to someone who I never heard of. The lady who made the application claims that I and another guy sold her a car in Mat 2013, and received a sum of £6200 in cash, then after she drove the car few hours phoned us and returned the car as she wasn’t happy with it and she never got her money back.
I know the cars dealer as I bought a car from him in Mar 2013, but I am not his business partner as the lady claims.
There is a hearing on 16 Dec 2013. I don’t know what to do?
Kind regards
Sam
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Is there any reason she thinks you are liable?
Customer: replied 3 years ago.

In her application she says that she got my details from a private investigation company, but when I called her she said that the dealer gave her my name pretending to be me. I suspect that she got it from an internet search as I was ex-tenant for one of the business partners

Expert:  Jo C. replied 3 years ago.
Thanks.

You have two options.

If the facts are as you say, and you literally had nothing to do with this car or this sale at all, then just apply for summary judgment to strike out the claim on that basis. The forms you have been sent will contain an option to do that.

The practical reality is that the Judge may refuse to strike it out instead saying that he wants a fully pleaded defence before considering it. That does sometimes happen.

The second option though is just attending on the date and defending the claim. There is no case against you and you will win.

Since the hearing is on the 16 December though I imagine you are too late for a summary judgment application as you would already have submitted a defence if there is a contested hearing on that date. If that is the case then just attend and fight this. There is no case against you.

This type of thing does tend to happen at the small claims court. Its all very well to have courts that are accessible to the lay person but the downside is that does encourage spurious claims.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

I know the name of the other person whom the lady said it was me. I am thinking if i give it to the lady to replace my name with his name as she asked me on the phone?

Expert:  Jo C. replied 3 years ago.
You can do that. It depends on your wishes really.

Her game will be to get you to do exactly that. She has just issued against anybody safe in the knowledge that person is likely to tell her who she should sue.

I really wouldn't worry about this though. The worst that will happen is that you will have to go to court on a day when you have better things to do.

Customer: replied 3 years ago.

Thank you Jo, just last thing, will that affect my Credit Score in any way?


 

Expert:  Jo C. replied 3 years ago.
Not unless she gets a CCJ against you and you don't pay within 28 days.

If the facts are as you say then she isn't going to do that.
Jo C., Barrister
Category: Law
Satisfied Customers: 69368
Experience: Over 5 years in practice
Jo C. and 3 other Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi Jo,


Sorry to come back again for the same problem. Just I wonder if I can sue the lady and her "private investigators company" who made a false claim against me, and caused me stress and bad feelings?

Expert:  Jo C. replied 3 years ago.
No im afraid not. Those are not heads of compensation in the UK. You will get your court costs though.
Customer: replied 3 years ago.

Thank you so much for the prompt reply. What I meant was that I can take them to court because they got my details wrongly in something I haven’t done? And get them to pay at least the solicitor and court’s fees?

Expert:  Jo C. replied 3 years ago.
You don't need to sue separately to do that.

You will get your court cost and fixed solicitors costs of £50 if the court rules in your favour anyway.
Customer: replied 3 years ago.

Hi Jo, Can you defend me at court for this case? if yes, how much do you charge?

Expert:  Jo C. replied 3 years ago.
We are not allowed to accept instructions directly under the rules of this site but anyway I have another commitment on the 16th.

You don't need to incur the cost of a solicitor though. This is a simple point and that is that its nothing to do with you.
Customer: replied 2 years ago.

Dear Jo,


 


I received the attached document from the lady who accused me of conning.


The document says that I am the registered owner of a web domain called lancastercarslondon.co.uk


I’ve contacted the company who registered the web domain to ask for information, but they said they give information to governing body or solicitors.


Attachment: 2013-12-11_085641_signed_witness_statement_of_private_investigator.pdf

What should I do please?

Expert:  Jo C. replied 2 years ago.
Are you the registered owner?
Customer: replied 2 years ago.


No, not at all, I do not know any thing about this web domain.

I did a search on whois web site, and found my name as registered owner.

Expert:  Jo C. replied 2 years ago.
That is rather strange. Everything about it is odd.

The witness statement reads like an advert rather than a witness statement.

The who is report is strange. Apart from anything else there isn't a site www.lancastercarslondon.co.uk that I can find.

Also, its rather strange that she is keen to find an owner anyway when she could just issue against Lancaster Cars.

I notice that the registration was in April 2013 which was just after the dispute in march 2013 with her. Of course, its not likely that she registered you though. She would have to know your name for a start.

Obviously this doesn't prove that you are the owner. It is evidence against you though. You will just have to meet it in Court.

If you genuinely are not the owner and she has registered against you unreasonably then you could apply for costs at £18 an hour. You don't often get them at the small claims court but summonsing a person who is not the owner is unreasonable.
Customer: replied 2 years ago.

Attachment: 2013-12-11_103206_zara_ali_claim.zip



Thanks Jo,


 


The dispute was on 29 May, please see attached file. The "Private Investigator" used this web site to locate the owner of the Domain:


http://www.nominet.org.uk/uk-domain-names/about-domain-names/domain-lookup-whois/whois-tool


 


The domain is just the registered web site name, which you need to buy before creating an active web site. The domain does exist, someone has registered it using my name as the owner of the domain not the company (definitely not me).


 


The name “Lancaster Cars” is just a name used by the claimant to refer to the guys who conned her. The real company got a different address and registered with the companies house under the name “LANCASTER CARS LIMITED”, their website is :


http://www.jardinemotors.co.uk/about-us/


 


where you can see at the bottom Lancaster Cars and they are completely a different company.


 


My question is: should I call the police about my name appears on a web domain registry file?

Expert:  Jo C. replied 2 years ago.
It wouldn't do any harm to make a report. They won't take any action as there is no clear evidence of a crime yet but it does seem strange that somebody else would register your details..

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