How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
Type Your Law Question Here...
Ash is online now

My question is, I am at present involved in a civil

This answer was rated:

Hello, my question is, I am at present involved in a civil case concerning my daughters former fiancé whom walked out on her. He is claiming repayment of building costs (falsely audited by himself) from myself and my wife. We gave him and my daughter permission to have built an extension on our house paid for by my wife and myself (the shell) with the understanding and agreement between we four that interior work would be carried out at their own expense. He now denies this and has concocted a list of bills and expenses, with the help of his brother, who erected the building, by means of double charging and questionable invoices (paid through his brothers business account, set up by the claimant himself, I believe his brother was formerly declared bankrupt). During my checking of invoices, bank statements etc. I discovered that seven cheques had been carefully removed from my cheque-books, including the stubs. I had these cheques traced by my bank, all the electronic images of the cheques confirmed that they had been made payable to the claimant (of the civil claim) and also my forged signature was added. The total amount is£3065. I have taken the cheques and other details to the police, they have informed me that they will pass the details to 'Action Fraud' and await instructions. this could be four to six weeks. Is it permissible for me to mention the stolen cheques during my defence of the claims made against myself during the civil court proceedings made against me along with all the other untruths and double accounting? thank you for your time and help, Mr D. Shaw.
Hello my name is ***** ***** I will help you with this.
I assume you are alleging fraud ie with the cheques?
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Hello I have not received any reply yet although I have paid £92. Have I made a mistake with your instructions. I have accepted a discussion by phone also, regards Donald
No. When would be a good time to speak?
Customer: replied 2 years ago.
Hello Alex, thank you for your reply, I am new to the internet so I apologise for any inconvenience. I will be available at 5.00 pm if this is alright with yourself, otherwise at a time to suit yourself, regards Donald.
Yes I will give you a call around 5pm.
Customer: replied 2 years ago.
Hello Alex, thank you for your call. Could you please e-mail to me the advice that you delivered to myself this evening. Thank you , regards Donald.
When you file your defence you can allege fraud. But you need to make it clear you allege fraud and have evidence.
You may need to get an expert document examiner (Court approval needed) to adduce that evidence.
On the defence you must:
1) Admit a point
2) Deny it and say why
3) Say whether you are unable to admit or deny and put C to proof
If C is later convicted you can use this in Court.
Does that help?
Customer: replied 2 years ago.
Hello again Alex, sorry to be a bit thick but could you explain the meaning of from 'on the defence' including 1, 2, and 3. Is C the claimant? Regards Donald.
C is the Claimant and 1-3 is what we discussed about how you respond to the claim form in the defence.
Customer: replied 2 years ago.
Hello Alex, this is Donald again. I have returned the Acknowledgment of Service. Do I now wait for contact from the courts, or do I have to forward to the judge and the claimants solicitor details of my rebuttals of the claim with all information as to why (including phot-copies of all cheques paid legitimately, plus the fraudulent cheques also) along with e-mail transcripts admitting money obtained by the claimant, by himself, from my daughter (his fiancée at the time) to make payments that he is now 'billing' to myself plus other questionable major discrepancies that I know about, (but the claimants solicitor,I believe does not know about). The date of service to me was 9/10/15.
Yes now wait,