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Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
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Hi! Can you please help and advise me. I have two County

Resolved Question:


Can you please help and advise me.

I have two County Court Judgements for £2.5k each awarded against a car dealer whom I bought a car off for my wife in Oct last year. They are for car repairs he would not pay for under the sales of goods act. In both cases he failed to file a defence. I have always followed strict small claims court procedures culminating in having sent the High Court Bailiffs round last week to seize goods. The Defendant then claimed he was not involved in the sale of car and it was his ex business partner who has been convicted of fraud many times and lives in Spain. He also then started to threaten me and my family and the police are about to caution him if he repeats the threats he made. The Bailiffs said they couldn't take any commercial assets as they belonged to his fathers limited company. His father has also made veiled threats supporting his sons intimidating character. I intend to pursue a charge against his property to secure the Judgement debts. I have also verbally offered a mediation settlement figure of £2k which has been refused on the basis he was ripped off by his ex business partner and will not pay me a penny.

The Defendant & I went to County Court recently in his attempt to Stay the Writ and set the Judgements aside. The Judge ruled in my favour as the Defendant failed to follow proper Court procedures in filing a defence, supplying evidence and making an allocation. The Judge dismissed his request and ruled £10 costs in my favour which he said he will refuse to pay. The Judge commented on the merits of the case against the Defendant, having been walked through the evidence by myself, but chose to make no ruling on the evidence as she was able to dismiss the application based on the fact that nothing was filed within the court time limits, in addition to there being no proper court paperwork filed in any event.

The Defendant has now threatened to use new evidence, never previously seen or admitted (the car sale pdq receipts) to show that a partial payment was made to a company belonging to his ex partner for the sale of the car (the remainder of the balance was paid in cash which he says he did not receive). I do not have the receipts to comment against this other than I did pay for the car by card & cash. The split I do not recall.

Importantly, I can link the Defendant to his ex business partners company, plus also using his old and current companies through evidence from the original EBay car advert, mobile and tel numbers, pre sale preparation main dealer invoices and his employee emails and texts exchanged during the sale of the car. Their defence is based on the spurious claim that he and his ex business partner owned separate cars but sold them on one site. However there is no way of knowing this from a member of the publics perspective. It amounts to clear mis representation and misdirection. In essence bad business practice.

The Defendant is now attempting to intimidate me further and to drop the case as he believes I purged myself in court to the Judge. I was asked by the Judge how I paid for the car. I said a deposit was paid on the card, the remaining was cash but that I didn't have the receipts to clarify or refute the defendants claim that more than the deposit was paid using a card.

They are threatening to take this new evidence (not produced) to the Court to try and prove I lied in court and have the Court bring a criminal charge of purgery against me. Despite what I said to the Judge and the fact the Judge dismissed the Defendants application for failure to follow strict Court procedures and not the evidence presented to her for the case against the Defendant. Therefore my answer did not influence the outcome of the Judge's ruling and I suggest this is key to a claim of purgery is it not. Both the Defendant and the father are saying 'drop the case' or we submit this new evidence in a charge of purgery. Again more intimidation.

The Police advised me to record all conversations with the Defendant and his father which I have.

I understand how to proceed with a charge claim. But I am concerned about this purgery threat and indeed the intimidation / harassment that is happening.

If they have an issue my belief is they should have all this dealt with via their solicitor?

Please help and advise? Thank you
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this.
Alex Watts : As I understand it you have 2 valid ccj's which have not been set aside?
Alex Watts : does the defendant own property please?
Customer: Hi! Please forgive the obvious question. Is this your area of expertise please? I do not mean to be disrespectful at all, just on limited funds and absolutely need the right person for the job. Trust you understand my position thank you.
Alex Watts : Yes I deal with civil litigation all the time and am very familiar with civil procedure rules.
Customer: yes. He owns a property. I have the legal title number.
Customer: Thank you for the reassurance.
Alex Watts : And there are two ccj's which have not been set aside?
Alex Watts : and you understand how to apply for a charging order?
Customer: that is correct. They are in force and have not been set aside. It's the purgery claim threat and threats in general that concern me and my family too...can you advise in all the areas as my question asked ? Thank you for being here we are quite concerned and worried. New baby girl just three weeks old and mum got diagnosed with cancer again... Alas this is not your worry. I do so hope you can help in the detail we need. Thank you.
Customer: its always good to have the charging order process made clear here if that is not too much trouble, just so we don't miss anything....
Alex Watts : Ok, you need to get a copy of the land registry title.
Alex Watts : Once you have that you make an application on form n379
Alex Watts :
Alex Watts : You send this together with a fee to court.
Alex Watts : if granted you send the charge to the land registry with form rx1
Alex Watts : There is then a hearing and a judge will decide whether to make the charge final.
Alex Watts : as for purgery etc, you are right, you would hear from the court if a claim had been issued.
Alex Watts : A judge would need to find fraud even before recommending the file be handed to the police.
Alex Watts : But it would have to be fraudulent from the outset and not just merely mistakeN
Alex Watts : As for harassment you could seek an injunction under the protection from hrasrsssment act.
Alex Watts : You would need to complete form n1 and n16a and ask the court for an order preventing them contacting you, save through a solciitor.
Alex Watts : However if this is fought it may cost around £8000 to go to court.
Alex Watts : Of course if there are any threats generally these should reported to the police as this would be a criminal offence anyway,
Alex Watts : Therefore you should proceed with the charge which makes the debt secure.
Alex Watts : Can I clarify anything for you about this today please?
Customer: Thank you for that. And the other points in my question? I look forward to your reply when you have the full details available. I wish you a lovely sunny evening.
Alex Watts : Which points specifically would you like me to address for you please, just so I do not miss them
Customer: Apologies if sent twice. Thank you for the above. I presume you will reply in more detail later on the other points I was more concerned about when you have the information at hand, namely the purgery threat from the Defendant and the threat/intimidation that is now happening. Yes? I wish you a lovely Sunday evening and thank you for your help so far.
Alex Watts :

Thank you. In terms of perjury then you would be aware of this - Court proceedings would have been issued and you would have been contacted, so ignore that

Alex Watts :

In terms of intimidation I am not sure if you can see my response above, re harassment and an injunction?

Alex Watts :

If you can't let me know or if you have further questions of me

Customer: Hi. Thank you for that. So, regarding the claim for purgery, as it was a genuine mistake on my behalf, based upon my not having the pdq receipts to the sale of the car, and that the Judge didn't need this answer or indeed any of the actual case details in itself to arrive at her ruling to dismiss the Defendants appeal.Can I take it that it is highly unlikely that this would be fraud and as such allow commencement of a criminal proceeding? I answered her question to the best of my knowledge without having any further information or documentation to support my answer. If it transpires that the pdq dealer receipts show I paid more than the deposit on a card, along with an amount of cash, then this would genuinely be a mistake. I'm not saying I didn't buy the car a £x from this dealer, just that, if it transpires my answer to the Judge proves to be different based on new evidence then I made a genuine mistake.
Customer: I can't see how I would have been acting fraudulently from the outset as I'm not sure what that actually means in laymans terms ? I answered to the best of my ability and recollection of events based on only having the dealer invoice which only states the deposit was paid by card with a total paid. No breakdown of cash or card.
Alex Watts : I agree I don't think it's fraud.
Alex Watts : But I don't think this material anyway.
Alex Watts : Therefore you should not let it concern you.
Alex Watts : Can I clarify anything else?
Customer: Alex. Thank you. Sincerely. I use this site rarely but always without fail get value for money and amazing service, advice and clarity. You have been brilliant. I wish you a great week ahead and best fortune in your life. Best regards, Andy.
Alex Watts : Thank you. Please remember to rate my service before you leave and good luck.
Ash, Solicitor
Category: Law
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Experience: Solicitor with 5+ years experience
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