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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69773
Experience:  Over 5 years in practice
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Jo, If someone has taken a claim against me in the small

Customer Question

Hi Jo,
If someone has taken a claim against me in the small claims court, and one of the items they knew they didn't pay me, but a third party, and I have evidence they not only knew this but asked the third party for the money back both before they took out the claim against me, and again today, have they put themselves at risk from lying to the court?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Sorry but I'm not sure what the lie is?
Customer: replied 1 year ago.

If the claimant tells the court that I owe them amount £x, when they know I do not owe them this amount, is that lying to the court?

I have been told, and will have evidence this afternoon, that they said that they contacted the third party who would be responsible for this, in September. They then contacted this third party again today, demanding they get their refund - at the same time they are taking me to court to reclaim the very same item.

Thanks

Expert:  Jo C. replied 1 year ago.
Well, it depends. It can be. Or it could just be a mistake.
I think lying is a lot more common than mistake for this type of claim though.
In fairness, the fact that a person claims from two people does not mean the claim is not valid. He would be unable to recover twice but since he has not recovered at all that does not apply.
That said, it is very unlikely that this would lead to a perjury prosecution. If it were then it would mean that any claimant who failed would be at risk of a perjury prosecution.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

Hi,

It's not a mistake - the claimant has a history of intimidating me and making accusations of slander without even saying what it is I am alleged to have said.

If he is admitting, by his actions, that he knows I'm not responsible, yet he's still using the court's time to say I am, surely that must diminish the credibility of the claim?

Thanks

Expert:  Jo C. replied 1 year ago.
No, of it isn't. Mistake does apply sometimes but I think lying is far more common.
I'm really sorry but I cannot agree that trying to recover from another necessarily means you are not liable. Two parties can be liable sometimes.
Jo C., Barrister
Category: Law
Satisfied Customers: 69773
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.

Hi again Jo,

Further to the above, I've had confirmation, and evidence, that this person has actually been paid by the third party.

How would the small claim stand now given how they have not informed us that this is the case?

I have checked the claims website and nothing has been entered suggesting they have told the court.

Thanks

Expert:  Jo C. replied 1 year ago.
Remind me of the facts ? I can't open the above on my ipad.
Customer: replied 1 year ago.

Hi Jo,

If someone has taken a claim against me in the small claims court, and one of the items they knew they didn't pay me, but a third party, and I have evidence they not only knew this but asked the third party for the money back both before they took out the claim against me, and again today, have they put themselves at risk from lying to the court?

If the claimant tells the court that I owe them amount £x, when they know I do not owe them this amount, is that lying to the court?

I have been told, and will have evidence this afternoon, that they said that they contacted the third party who would be responsible for this, in September. They then contacted this third party again today, demanding they get their refund - at the same time they are taking me to court to reclaim the very same item.

Thanks

Well, it depends. It can be. Or it could just be a mistake.

I think lying is a lot more common than mistake for this type of claim though.

In fairness, the fact that a person claims from two people does not mean the claim is not valid. He would be unable to recover twice but since he has not recovered at all that does not apply.

That said, it is very unlikely that this would lead to a perjury prosecution. If it were then it would mean that any claimant who failed would be at risk of a perjury prosecution.

Sorry if that is bad news.

Can I clarify anything for you?

Jo

Hi,

It's not a mistake - the claimant has a history of intimidating me and making accusations of slander without even saying what it is I am alleged to have said.

If he is admitting, by his actions, that he knows I'm not responsible, yet he's still using the court's time to say I am, surely that must diminish the credibility of the claim?

Thanks

No, of it isn't. Mistake does apply sometimes but I think lying is far more common.

I'm really sorry but I cannot agree that trying to recover from another necessarily means you are not liable. Two parties can be liable sometimes.

Expert:  Jo C. replied 1 year ago.
Ok.
What is the item?
Customer: replied 1 year ago.

The item was for a number of theatre ticket seats.

Expert:  Jo C. replied 1 year ago.
Will the person who has paid them give evidence for you?
Customer: replied 1 year ago.

They will.

Expert:  Jo C. replied 1 year ago.
You could defend on that basis.
Two people can be liable for the same amount but a defendant cannot recover twice.
The third party will need to give evidence for you.
Customer: replied 1 year ago.

If the claimant doesn't reveal this to the court is that not fraud?

Expert:  Jo C. replied 1 year ago.
No, it just a weak claim.

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