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.