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JimLawyer
JimLawyer, Solicitor
Category: Bankruptcy Law
Satisfied Customers: 15403
Experience:  Senior Associate Solicitor
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I have a court trial date of 2nd december where I am the

Customer Question

I have a court trial date of 2nd december where I am the defendant. But the claimant is basically committing fraud in order to make the case go through and they are abusing the process. I need to get this case dismissed or rearranged on the ground of the claimant committing fraud. How do I do this?
Submitted: 8 days ago.
Category: Bankruptcy Law
Expert:  JimLawyer replied 8 days ago.

Hello, this is Jim and welcome to JustAnswer.

Thank you for the question, I am reviewing the details now and I will aim to resolve it as quickly as possible for you.

Expert:  JimLawyer replied 8 days ago.

Fraud is a very serious allegation because if you can prove that, the claimant's case would be struck out and they could also be held in contempt of court meaning a fine and up to 2 years in prison.
It would be up to you to prove it too - the court can make a finding but the burden of proof is high given he severity of the consequences on the claimant.
You asked what to do as regards ***** ***** case dismissed or rearrange the trial date - you can try to agree this with the claimant. You should write to them giving them 7 days to discontinue the claim voluntarily (or if you want to rearrange the trial date, ask them for their agreement).

If they agree to the latter then you arrange for them to sign a consent order, you also sign it and you send to the court with a fee of £108. I have a copy of a consent order if that helps. I doubt they will agree though, based on the facts.
If they refuse or they ignore you, or if you want to ask the court for an order, you would need to make an application on form N244 (https://www.gov.uk/government/publications/form-n244-application-notice) and pay a fee of £275 (payable to HMCTS) - you may qualify for a fee exemption if you are on a low income, have low savings or receiving means tested benefits. The court will probably list a hearing where you need to ask the judge for the order you are seeking. If they refuse, the trial will go ahead and you can cross examine the claimant - you would then ask the judge to strike out the claim (and make a finding of fraud / contempt of court).

Expert:  JimLawyer replied 8 days ago.

I hope this answers the question. If you have any follow up questions then please do let me know.

Many thanks,
Jim

Expert:  JimLawyer replied 8 days ago.

Just a final note that I am free most days and would be happy to assist with any other queries you may have.

Best wishes,

Jim

Customer: replied 8 days ago.
That would be amazing, Jim. Thank you. I’ll take a look at what you’ve sent me. I’m just wondering if this is something you can help me with? I can prove that it’s fraud.
Expert:  JimLawyer replied 8 days ago.

Hi there, we can't sorry, as we are not a law firm but an internet forum - our remit is limited to online Q&A only.
There are law firms who could assist - if you want me to list any I can do so for you.
Thanks

Customer: replied 8 days ago.
Thank you. Please let me look at everything and I’ll get back to you
Expert:  JimLawyer replied 8 days ago.

No problem, thank you