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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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How do I overturn a judgement given based on a deliberately

Customer Question

How do I overturn a judgement given based on a deliberately overstated value in a statement of claim ?
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

Was the judgement a default judgement or did you defend the claim please?

Joshua :

When was judgement given?

JACUSTOMER-1g1lymdx- :

The first judgement was given against my company in default and under a different case number. However the claimant then changed solicitors and filed a claim for the same debt against me personally by stating they had a personal guarantee.

Joshua :

Do you accept that they have a personal guarantee signed by you for the debt?

JACUSTOMER-1g1lymdx- :

This aside I accept my moral obligation to satisfy the debt. However the new solicitor then submitted a highly inflated claim but produced no evidence other than a witness statement produced by the solicitor and not the claimant company. Having admitted a claim to HMRC for a VAT refund this solicotor then calculated an interest rate of 12.5% on every invoice ever provided by the claimant company to my company resulting in a claim against me approximately 88% higher than the actual debt after deduction of the VAT. The judge did not ask for evidence from the solicitor and refused to accept my document (found only 2 days prior to the hearing when searching for something unrelated) despite my request for it to be considered This solicitor submitted his claim on 01 july 2010 and on the 10 th July 2010 the original court gave a finl judgement based upon the first claim against the company over £14000 lower than the claim by the new solicitor which provided no evidence other than the solicitors particulars of claim and his own witness statement.

Joshua :

Thanks. Do you accept that they have a personal guarantee signed by you for the debt? Was an interest rate provided for in their terms and conditions? When was the judgement against you personally given? Did you request premission to appeal?

JACUSTOMER-1g1lymdx- :

I accept the original debt. No interest rate was specified in the agreement. The original debt was awarded against me in 2012 I think I attempted to appeal and attended Southend court to provide the documents requested as well as the statement showing the true level of debt at April 2009. However I had to ask the court office to copy several documents to provide what was required and I paid the court office to fulfill this requirement. When I requested Judge Mohoney to consider the statement of April 2009 he claimed not to have a copy and disallowed my appeal though he did have all the other documents copied by the court office. I have since sought a variation order and have provided Basildon court with copies of Northampton courts final judgement dated 10 july 2010 and the witness statement of the new solicitor dated the 1 july 2010 showing the inflated level of claim.

JACUSTOMER-1g1lymdx- :

Throughout this case I have been made to feel insignificant by both Judge Collier, who gave the first inflated claim against me, and by a slightly lesser degree by judge Mohoney and both judges simply pointedly refused to accept the only hard evidence ever produced in this case.

Joshua :

Thank you. Finally you refer to having submitted a further application to vary the courts existing order. May I ask the status of that application?

JACUSTOMER-1g1lymdx- :

I have heard nothing as yet from Basildon court as the application was put in on the 13 February this year the day that an order was granted to the solicitor to remove me from my house to allow its sale at a price obtained by the solicitor from a local estate agent who claims to know the area but has valued it between £300,000 and £400,000 lower than its market value 5 years ago

JACUSTOMER-1g1lymdx- :

Overall I seem absolutely unable to persuade a court to consider any of the hard evidence but they all keep saying you must just accept the judgement despite its possibility of being unlawful and potentially an act of perjury and even possibly a case of perverting the course of justice!!!!

Joshua :

Thank you. For the avoidance of doubt can you confirm precisely what aspect of the judgement you have applied to vary?

JACUSTOMER-1g1lymdx- :

The overstated level of the claim

Joshua :

Thank you. I have some difficulty with your application for a variation of the amount of the order by way of this application. There is provision for applying for a variation of payment in respect of an order but in respect of the amount ordered, I consider that this would need to be formally appealed as you mention you have already attempted.

Joshua :

There is a difficulty with a further appeal in respect of the time that has elapsed between the judgement and now and the fact that you have already appealed once before which means that costs of an appeal could escalate further.

Joshua :

I find it very difficult to assist in situations such as this where we are dealing with a great deal of history in terms of the claim and I have no access to inspect evidence or judgements as I am restriced to providing very generalised information which is unlikely to be of significant assistance.

Joshua :

To my mind in order to overturn the judgement you would need to consider a further application for leave to appeal but there is a real concern that your application would be denied for delay at this point.

JACUSTOMER-1g1lymdx- :

My appeal was against the original judgement in its entirety not just the level of the claim. Are you actually saying that a judgement based on a deliberately over inflated claim supported by no evidence and just a witness statement is lawful ????

Joshua :

A court order is a lawful order whether or not it is agreed with unfortunately so the simple answer to this is yes. With this sort of situation my view is that to be of any significant assistance one would need sight of the above documentation and you may wish to consider retaining a solicitor to assist. Alternatively I could release the question to my colleagues who may consider they can assist further without the above. Would you like me to do this?

JACUSTOMER-1g1lymdx- :

I'm desperate to keep my house so yes. What are the chances of taking my evidence to the police and requesting they arrest him for perjury and or perverting the course of justice ??? Or even a counterclaim against him based on my evidence for damages and loss of the value of my home ???

Joshua :

I would dearly like to be able to assist but I feel I cannot usefully answer these questions so as to be helpful without sight of the history of the case, the evidence and judgements and to answer them without this would not be fair to either of us particularly you. This service is very good for may things but personally I find assiting with cases that have signicant history very challenging in this forum. May I release the question to colleagues in case one of them feels they can do more?

JACUSTOMER-1g1lymdx- :

I would add that the estate agent has admitted not being able to inspect the house and his valuation being given on the basis of looking through bushes from approximately 60 yards away.

JACUSTOMER-1g1lymdx- :

Yes you may request your colleagues to consider the position.

JACUSTOMER-1g1lymdx- :

I have documentary evidence to support my claims.

Joshua :

Certainly I will do so straightaway. It may be a time before someone assists. I am really sorry I could not be of more direct assistance. Generally this is something that may benefit engaging a litigation specilist to review for you to outline whether there are any cost effective means of attack for you to pursue at this stage. I concede this would generate fees, but it is likely to be your best course of action at this stage notwithstanding anything my colleagues can identify.

Joshua :

Please do not reply to this thread until you hear from someone else as this can have the effect of locking the thread back to me preventing others from replying. I wish you all the best with resolving the above.

JACUSTOMER-1g1lymdx- :

OK.I have to go out now is that a problem ?

Joshua :

Not at all. You should receive an email when someone replies or can check back from your customer homepage via Justanswer.

JACUSTOMER-1g1lymdx- :

OK my email address in case you need it is [email protected] and thank you for what you have done.

Joshua :

many thanks and good luck once again.

JACUSTOMER-1g1lymdx- :

thank you

Joshua :

A pleasure.

Expert:  Ash replied 2 years ago.
Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

I see the expert has opted out - do you have any remaining questions?

Alex

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