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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71129
Experience:  Over 5 years in practice
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My friend has found himself in a situation of mistaken identity

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My friend has found himself in a situation of mistaken identity and he is now being taken to court.
He needs to prove the follow.
1) who he is
2) that he has lived at his address for the last 10 years
3) that he is not linked to the account that the money has been paid into
Where does he start and can anyone help?
Hello what is he being taken to court for and what court is this?
Customer: replied 2 years ago.
Here is the email he sent me when I sent a message asking if he was okYeah, I'm okay.
I'm going to a private court hearing tomorrow. Some guy has managed to get an Attachment of Earnings order on me, for a dispute he has with another Michael Davies. The hearing is about my application to set aside judgement because he has the wrong person.Been on the receiving end of legal threats. So it's not been fun.
I should be okay. I have to take proof of identity of address for the last three years. So putting together as many utility bills, mortgage statements, council tax stuff as I can. Though I have one little gap that worries me, in a critical period of the case, so I'm a bit worried about that.then a day laterMy confidence levels took a big hit yesterday. I have to prove I'm not someone else. The claimant has linked an eBay account of a Michael Davies (not me) in Croydon to my LinkedIn profile.
Claimant says proving my home address doesn't convince him, because the address of that ebay account could be one of my family members, friends or colleagues.
Customer: replied 2 years ago.
the court is : Croydon County Court
Customer: replied 2 years ago.
small claims
he's got a CCJ against "Michael Davies of***** Croydon, [postcode]
CCJ was ordered by default judgement in April 2013.
Customer: replied 2 years ago.
The judge said yesterday that he has the burden of proof to prove hes not the seller.
Are you asking if he does have the burden of proof?
Customer: replied 2 years ago.
no im asking how he goes about proving its not him
Well, that depends on information that I will not have. It is a fact specific situation really.
It starts with why they believe it is him. If goods were delivered at his address then that is fairly strong evidence.
If it is identity theft then it depends what has been done. If goods were delivered to an address that he didn't live at then it might be discharged by showing he lived elsewhere.There are no magic wands. You just produce evidence to challenge the tenets of the case. Only he will know why they believe it is him unless he is able to tell us.
I can see the point that the Judge is making about using the address of another.If he does live in Croydon then that is a problem.I suppose you could ask Ebay for an IP address which should be dissimilar to your own.
If he has another Ebay account that he legitimately uses then producing that might be helpful.If the EBay account links to an email address he has never used then he could get evidence of that.
Customer: replied 2 years ago.
unfortunately Ebay will not provide that information without an order from the court also we have managed to track down the account information but the bank will not officially confirm it is not my friends account because he is not a client.
No, I had thought they might not. Then he would have to seek an injunction.He could get one against the bank as well.
In fairness, it depends how much this CCJ is for. The cost of an injunction is not negligible.
Customer: replied 2 years ago.
I guess the real question is how does he go about proving that the bank account that the money got paid into is not his?
Customer: replied 2 years ago.
How would go about getting an injunction and how much would it cost, it's seems so unfair that he's having to pay out when hes the victim
Probably several thousand pounds. It might be a bit cheaper depending on whether the bank contest it.He could reduce the cost by representing himself but it isn't all that simple with injunctions.Any high street solicitor can do that for him. It shouldn't be a huge difficulty given the relevance of this information to his CCJ. The bank will probably be happy to co-operate once the injunction is in place and they are absolved of their duty of confidentiality.
Customer: replied 2 years ago.
That's a bit expensive.We are working on getting at least 1 piece of evidence for each month hes been at the address since 2002 hopefully that will be enough to prove he is who he says he is. I never thought proving who you are would be so difficult.
Customer: replied 2 years ago.
do you think that this will be enough?
I don't think that proving you live elsewhere is the issue. The point the judge is making is that you could have been using a proxy address for deliveries.The issue is the bank account. It is not very expensive to issue actually. It is the cost of legal fees that rack it up.
Customer: replied 2 years ago.
a couple of thousand pounds is a lot of money. Im not sure that is a feasible option.
Customer: replied 2 years ago.
Are you saying that there a cheaper way that we can raise an injuction on the back and or Ebay so that they can then confirm that these accounts are not my friends?
As I've said really, it can be done fairly cheaply if you don't use a solicitor.I'n happy to continue with this but please rate my answer.
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.
oh sorry yes of course I will rate you you've been fantastic.
No problem.All the best.