Hi Jo. Thank you and ice to speak with you again.
I have two County Court Judgements for £2.5k each awarded via the small claims court. These are for car repairs the Defendant would not pay for under the Sales of Goods Act. In both cases the Defendant failed to file a defence and the Judgements are in force. I have followed strict small claims procedures which culminated in sending the High Court Bailiffs round last week to seize goods on his commercial premises.
It was at this point that 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 now lives in Spain. He has also 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 and his father has now entered the frame in a mediation manner but they are also veiled threats supporting his sons intimidating character. The Defendant owns his own property and I intend to pursue a charge against his property to secure the Judgement debts.
In addition I have also verbally offered a mediation settlement figure of £2k which has been refused on the basis the Defendant was ripped off by his ex business partner and will abolutely not pay me a penny. Furthermore, following on from the Bailiffs visit to the Defendant, both he & I went to Gloucester County Court last week 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, failing to supply any evidence and failing to make an allocation within prescribed Court time limits. In some cases nothing was presented to the Court as is required. The Judge therefore dismissed his request and ruled £10 costs in my favour which he informed the Judge he will refuse to pay.
The Judge commented on the merits of my 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 correct time limits and no Court procedures were followed in any event by the Defendant. The Defendant has now threatened to use new evidence, never previously seen or admitted (the dealer car sale pdq machine receipts) to show that a partial payment was made to a company belonging to his ex partner for the sale of the car. I do not have my original receipts to comment against this other than admit I did pay for the car by card & cash. The split of which I do not recall. Importantly for my case I can link the Defendant to his ex business partners company. I can also link the Defendant to the sale of the car using his old and current companies through evidence from, companies house, the original EBay car advert, his mobile and telephone numbers, pre sale preparation Audi main dealer invoices and his employee emails and texts that were exchanged during the sale of the car.
The Defendants defence is based on the spurious claim that he and his ex business partner owned separate cars but sold them on one site, sharing site running costs. However, and most importantly, there is no clear transparent way of knowing this from a member of the public perspective when it comes to recourse under the Sales of Goods Act for repairs. It amounts to clear misrepresentation and misdirection. The Defendant is now attempting to intimidate me further and wants me 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. I answered her question to the best of my knowledge without having any further information or documentation to support my answer. However, if indeed it transpires that the dealer pdq receipts show I paid more than the deposit on a card, along with an amount of cash, then this would genuinely be a mistake on my behalf. I'm clearly not saying I didn't buy the car for £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 sincere genuine mistake.
My understanding of purgery is that I would have had to have been acting fraudulently from the outset and it has to be material to the Judge's ruling in Court. 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.
The Defendant and his father 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 was not material to the Court ruling and certainly did not influence the outcome of the Judge's ruling, which I suggest is key to a claim of purgery against me, is it not? In other words. I should ignore it, yes ?
Currently both the Defendant and the father are saying 'drop the case for the two Judgements or we will 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 should I need to show these to the Police. For our discussion going forward, I understand how to proceed with a charge claim against his property to secure the Judgements, but I am concerned about this purgery threat and indeed the intimidation / harassment that is starting to happen. Surely, if they have an issue my belief is they should have all this dealt with via their solicitor, or through the small claims court procedures.
I understand how to make a claim for a charge against the Defendant's property but :
1.) Is there any purgery committed here as I know what I said and why I said it ?
2.) How to deal with this harrassment and intimidation that is starting to develop ?
Please excuse the long email but I had prepared it earlier hoping you would be online to help me. Thank you in advance for your help, time and advice.
Hi! Thank you for the reply.
The evidence is allegedly with the ex business partner, who aparanetly has been in jail five times for fraud. I have requested a copy of this new evidence butit has yet to materialise. It has never been produced in evidence during the two claims where Judgements have now been issued. The evidence, if they have it at all, is the car dealer's pdq card transaction receipt at the point of sale for the car showing (allegedly) that I paid for car using a card for the deposit (which I did) and then a card for the remaining part of the balance after receipt of the cash I gave the Defendents ex partner to purchase the car to complete the sale. At the time of the Judge's question I had not seen this 'new' evidence so based my answer on the facts as I knew it at the time and informed the Judge I did not have the receipts. If this evidence does appear, and is true, then I would have made a genuine mistake. However, the Judge dismissed the Defendants claim to stay the writ and dismiss the Judgement(s) solely based on the fact he had not followed strict Court procedure. Importantly, the Judge made it clear that her ruling was based on these facts and not based on my case and the facts contained therein and which I briefly walked through with the Judge. Her only comments were that she could see evidence to link the Defendent to the sale of the car but would not comment or rule on this evidence relating to the Defendents request to stay the writ and dimiss the Judgement(s). My answer was therefore (potentially) a genuine mistake based on new (not yet produced) evidence and as such was not material to the Judge's ruling. I hope this clarifies things for you and that you can advise me more...
Yes. This would be possible but only if my online banking goes back that far. If not I would be able to ask my bank and/or support or denigh this 'new' evidence should it appear. But this only proves I paid for the car and what the split was between card and cash. I am not disputing the payment of the car.
My question is though, did I commit purgery or did I commit a genuine mistake which did not influence the Judge as she stated her reasons for her ruling ? i.e dismissed for not filing a defence or an allocation in time and in due process.
My answer is not material to her ruling. A genuine mistake occurred (if proven) Surely in a Court genuine mistakes can happen and so long as it did not have influence on the proceedings and the ruling things move on to the real facts and matter in hand. Can you please advise? Thank you. Kind regards XXXXX XXXXX you for your efforts...
Thank you for the reply. Apologies for the delay. New baby.
I agree and concur with you. How would one go about verifying whether the mistake was made or not? Can I ask the court for the detail regarding what was said? Or approach the Court to verify and investigate this 'allegation' ? I have contacted my bank and they confirm a further payment was made by card and the balance in a cash withdrawl. But again, this is not material to the ruling. Only checking records based on new 'alleged' evidence.
Is there anything more I should know or ask you because I need to make a decision about the Defendant's threat of reporting to the Court and my feeling is that he doesn't have a leg to stand on ? What is your view and is there anything else I should know ?
Thank you so much.
No court proceedinfs active. The last court appearence was Defendants attempt to Stay the Writ and get Judgement set aside. This request was dismissed. Judge ordered in my favour and awarded £10 costs.
No new proceedings issued. No new hearings. ONLY dealing with enforcement of the two Judgements.
What is your view now I have provided the above please?