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JGM, Solicitor
Category: Law
Satisfied Customers: 12199
Experience:  30 years as a practising solicitor.
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A couple of years ago I received a call from a solicitor regarding

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A couple of years ago I received a call from a solicitor regarding a letter they had in their possession that allegedly came form myself informing the recipient that they had been unsuccessful in their job application.
As I employ over 100 people and my team regularly conducts interviews this at first didn't seem out of the ordinary. However, as I rarely interview or follow up with said letter I asked for the name of the person which, did ring any bells, and that it did sound odd. They too believed it to be odd and the letter to be fraudulent - as my name was spelt incorrectly.
I asked for a copy of the letter; which was obviously not written by myself. It had my name incorrectly spelt, wrong company name, grammatical errors, spelling mistakes, even a signature that isn't vaguely close to my own. I immediately emailed back and said it has clearly not come form myself.
After receiving said letter I spent some time trying to work out where it had come from. Whilst telling a 'friend' the story and how puzzled I was about it, astonishingly, he told me he had written it.
The reason he said he did this was to assist a friend who had recently been unfairly dismissed and couldn't find work, so he wrote a letter on my behalf saying he had been interviewed but had been successful to help his case against them. I told him I had informed this solicitor that it clearly wasn't a letter from me and that he better inform his friend and, whomever else, that it was his doing as it would jeopardise both his case and character. It was left at that.
2 years have passed and I have just received two letters, one from the defendants solicitors and the other from the pursuers solicitors. The first letter was citing me as a witness (this coming February which I have now received the documentation on from the Sheriff officer) the other asking for a precognition statement.
My question is; what is the best way for this to be dealt with as I feel I being embroiled into something that has absolutely nothing to do with me. I do not want to go to court as I am both busy and not in the Edinburgh the day of the case. Furthermore I feel as though I'm almost being tarnished with the same brush as they have clearly acted fraudulently and in doing so used my name.
I look forward to hearing from you.
Kind regards,
Thank you for your question. I am a solicitor in Scotland.
Thank you for explaining this bizarre set of circumstances in detail. As regards ***** ***** which as presume is the employer, you have clearly been cited to speak to the letter and presumably that you didn't write the letter if indeed they are aware of that fact. I presume they are if they have cited you. The pursuer's solicitors will want a statement about this as well.
Let me know if I have the parties right here.
Assuming I have the following is the case:
1. If you have been cited to court you will have to go unless the case collapses or at least your part is resolved in advance. Phone the party citing you to find out what relevance you have to the case so that you Can work out what steps to take next. I will be happy to advise further when you have done so.
2 . Similarly give a statement to the other solicitor and try to find out as much as you can, preferably over the phone and again your next steps will be having regard to that conversation.
What you can't do is ignore the citation or refuse to turn up as that would be a contempt of court.
I hope this is of some use and if I can help you further let me know.
Please leave a positive response so that I am credited for my time.
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