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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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A Small Claims Court has endorsed what was a manifestly fraudulent

Resolved Question:

A Small Claims Court has endorsed what was a manifestly fraudulent claim against my elderly mother for many thousands of pounds and refused to consider the clear banking evidence of fraud that was provided . I have complained up to level of Operational Manager to no avail. What can/should I do next ?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What was the fraud please?
Customer: replied 2 years ago.
A woman befriended my mother, then started charging her for 'treatments'. After a bad fall mother hospitalised for 6 months and 'friend' would visit and each time mother (suffering early onset of dementia)would write cheques up to £1500 a time. After returning home 'friend' continued to visit and then claimed further £6,500 through Small Claims even though mother receiving care from established agency (Bluebird). This money taken through 'Third Party Debt Order' and Court has refused to consider appeal .
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
There is Judgment against you and the Court has refused permission to appeal.
Did you ask for an oral hearing for appeal?
Alex
Customer: replied 2 years ago.
Yes,but Court Ordered ''Permission to appeal is refused on the grounds that any appeal has no reasonable prospects of success because the order made is to enforce a judgement valid obtained ''
Expert:  Ash replied 2 years ago.
Have you appealed the Judgment?
Customer: replied 2 years ago.
Yes - but I repeat ''PERMISSION TO APPEAL IS REFUSED......'' !!!
Expert:  Ash replied 2 years ago.
Yes but did you appeal Judgment or the third party debt order?
Customer: replied 2 years ago.
Both !
Expert:  Ash replied 2 years ago.
And to confirm that was at an oral hearing?
Customer: replied 2 years ago.
The application to set aside original judgement and the Appeal were both considered without a hearing.
The application to consider the Third Party Debt Order was considered at an oral hearing.
Expert:  Ash replied 2 years ago.
But why did you not ask for an oral hearing for permission for the original Judgment?
That is a right after appeal on the papers is refused.
Customer: replied 2 years ago.
Apologies-tried to amend but too late. It should have read '' the hearing to consider application to set aside original judgement was heard at a telephone hearing and this application was dismissed. The Order to submit an appeal bundle and the appeal itself took place without a hearing.The application to consider third party debt order was considered at oral hearing''
Expert:  Ash replied 2 years ago.
Its bad news then I am afraid.
You can ONLY now appeal to the Court of Appeal. If this is refused then the case ends and you sadly have to pay the debt.
There is nothing further you can do if this appeal is turned down. That means you have exhausted all legal avenues and there is nothing more you can do.
But this is the only option - Appeal to the Court of Appeal.
I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

I f you could just direct me to contact for Court of Appeal: is there one specifically for Small Claims Court? Thanks.

Expert:  Ash replied 2 years ago.
It's not like that. You have appealed and that has been refused.
Therefore you can only appeal to the court of appeal.
Their details are:
Room E307
Royal Courts of Justice
Strand
London
London
WC2A 2LL
02079477677
Does that help?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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