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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hello, We have just lost a small claims court judgement concerning

Customer Question

Hello,
We have just lost a small claims court judgement concerning a non payment of an invoice. We have now received information that would show that the invoice was fraudulent ( the company do not provide the services that are claimed for ) could we put in an appeal against that judgement or request that the judgement be set aside, without some sort of written proof?
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Alex J. :

Hi, Thank you. Did you defend the proceedings in the small claims court?

Alex J. :

How much is the Judgment for?

JACUSTOMER-vdzs1b3y- :

Yes we did defend in small claims court. Judgement is for about £800.00'

Alex J. :

Hi, Thank you. What aspect of the invoice do you believe to be fraudulent? Is the company still trading?

JACUSTOMER-vdzs1b3y- :

Hi, The company is still trading but it is a Groundworks business and this was an invoice for 2 replacement showers and I spoke to the wife of the business owner on Monday and as she said they don't fit showers. Can I give you a brief resume of the matters leading to the court case. We have a house that we let and our son manages the letting with an agent. About a year ago the tenants father contacted the agent to say one of the showers in the house was dripping. My son contacted his builder who said he would look at the shower. To cut a long story short the shower didn't get repaired and the tenant had the showers fixed and sent my son the bill. It was for £1019.96 and my son refused to pay saying that this work hadn't been authorised. So the tenant's father took the claim to the Small Claims Court and the Judge ordered that we pay for Half of the bill ( the problem with the other shower hadn't been notified to us or the agent) and costs - this amounted to just over £800. After the case we looked closer at the bill and did a bit of detective work ourselves. I spoke to the owners' wife of the groundworks business again yesterday who said the invoice was her husband 'just doing a favour for a mate' - our tenants father also works for a groundworks company. ( The tenant is deaf and dumb and his father speaks for him). We now believe that the tenants father had the work done by somebody else, or did it himself, and got this friend to fabricate a higher invoice which he presented to my son. We now don't know what to do about this - do we pay the amount ( we have until Tuesday next week or appeal, and if so on what grounds? Thanks,

Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
When was the Judgment please?
Customer: replied 2 years ago.

The judgement was on 7th October 2014. We have until Monday 20th to pay or appeal.

Thanks

Customer: replied 2 years ago.

The judgement was on 7th October 2014.

Thanks.

Expert:  Ash replied 2 years ago.
Do you have any evidence at all?
Customer: replied 2 years ago.

The only evidence was the owner of the Groundworks Company stating that they don't fit showers. I did ask her to put all the info in writing but they have emailed and said that all parts invoices have gone to their accountant and she just explained the breakdown of costs - I think they have realised the implication for themselves!

Expert:  Ash replied 2 years ago.
Ok - well you can appeal on this basis.
If that they were saying was untrue and you have evidence to redbut this then you can appeal.
You will need to complete form N164:
http://www.jordanpublishing.co.uk/system/uploads/attachments/0002/2197/n164_e0407.pdf
There is a fee to pay. You seek permission to appeal on paper. If this is refused you can ask for an oral hearing. if the oral permission is refused then you can only appeal to the Court of Appeal.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

What if we don't get any physical proof that this company don't fit showers other than the verbal confirmation?

Expert:  Ash replied 2 years ago.
You can use this but you would need evidence to show this.
Alex
Customer: replied 2 years ago.

Would we have no chance of success then without some form of written evidence?

Expert:  Ash replied 2 years ago.
It's harder but you have a chance of success yes.
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

OK Thanks for that.

Expert:  Ash replied 2 years ago.
Happy to help