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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 63477
Experience:  Qualified Solicitor
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Someone I has a verbal contract with is accusing me of fraud

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Someone I has a verbal contract with is accusing me of fraud
Assistant: Where are you? It matters because laws vary by location.
Customer: England
Assistant: What steps have you taken so far?
Customer: Looking online for advice
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: The sum in question is £1000

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

What do you specifically want to know about this, please?

Customer: replied 5 months ago.
If taken to court the argument will come down to one person's word against another. There is nothing written down.
Customer: replied 5 months ago.
How will it be decided on who is speaking the truth

In many cases, a lack of documentary evidence could mean that the claim is essentially one person’s word against another’s. This makes it a factual dispute and the courts will have to use their best efforts to try and determine who is right and who is wrong based on what they say and how they say it. To do so the courts have developed certain tests that would be applied to help them decide how much weight to attach to each side's evidence, such as:

{C}· Demeanour - includes matters such as a person’s conduct, manner, bearing, behaviour, delivery and inflexion. They are matters of impression, which are not necessarily revealed by reading a transcript of evidence. It is the more 'personal' side of the individual providing the evidence

{C}· Inconsistency – mainly to do with any apparent inconsistencies in a person’s evidence, especially after cross-examination

{C}· Probability – this would ask of the evidence as a whole, or of a particular part of it: whose account is more probable in the circumstances?

So the courts will apply these or other similar tests in coming to a decision that they believe is most fair in the circumstances. That does not mean it is necessarily the right one, but the one which has been judged to be the fairest based on all available information.

Does this answer your query?

Ben Jones and 2 other Law Specialists are ready to help you
Customer: replied 5 months ago.
Ok thank you for your time

All the best