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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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Following a long running Court Case I have had to pay over

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Following a long running Court Case I have had to pay over £14000 to a former client which includes rectification of some minor building work faults which I didn't dispute plus a substantial amount for new work and the client's costs. The defects should only have cost less than £1500 to remedy and I was never contractually obligated to do any of the new work included in the claim which was originally over £30,000.
However, the claimant repeatedly stated that I was contractually obliged to complete all of the project including the all the work that remained to be done to complete her loft conversion..
She referred to this as 'The Contract' frequently in her written evidence but, knowing that no such document existed, I persistently asked for a copy and months she admitted in writing in three documents that it never existed. However, the actual trial only lasted just over three hours due to an emergency hearing so the judge stopped proceedings and delivered his judgement four weeks later, relying on both trial bundles each containing over 200 pages. Presumably he missed the three documents containing the claimant's written statement that “no contract ever existed” which were only in my bundle.
The district judge rejected my10 minute impromptu verbal appeal and the circuit judge rejected my written appeal but she granted me an oral hearing with a judge for which I am still waiting.
My advice from an experienced colleague is that the claimant, by accepting my £14000+, has not only acted fraudulently because she knew she had obtained the money by lying but she had also committed perjury by signing an untrue statement of truth.
Both of us were unrepresented in court and I cannot possibly afford to go to the Court of Appeal. So, I am asking if the claimant has obtained the money from me fraudulently and if so can I initiate criminal proceedings against her.
I would also think that the cost of a private prosecution would be too expensive for me.D G Kiddle
13/2/20
JA: The Fraud Examiner will know what to do. Is there anything else the Fraud Examiner should be aware of?
Customer: The case was spread over 3 years because of trial cancellations so a large amount of documents have accumulated. So I have tried to give as simple an account as I can at this stage.
Customer: replied 11 days ago.
Hi, I submitted a question to action fraud who said I needed to pay £5 refundable etc and have ended up on JustAnswer's website where I am already a member but couldn't find how to pay £5 to progress further.
I contacted Action Fraud following a telephone conversation last night with a JA solicitor (Ed Turner). who said that Action Fraud should be able to help me. D G Kiddle
Customer: replied 11 days ago.
Hi, I saw the following statement at the foot of a Just Answer page having been sent here from ActionFraud.co.uk without my requesting this nor having any advance warning. I've also not been able to find how to pay the refundable £5 AF requested on the site that sent me here. Can somebody comment please?
''JustAnswer LLC is in no way associated with Fraud and Scams. All other brands and trademarks are the property of their respective owners who in no way endorse JustAnswer LLC''
Customer: replied 11 days ago.
OK, thanks
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 11 days ago.
Ok
Customer: replied 11 days ago.
I'll be out on business for maybe a couple of hours this morning but should be back well before midday. Don
Customer: replied 10 days ago.
I'm back in my office (12.19) - should be here for most of this afternoon.
Customer: replied 10 days ago.
I have been to this page yesterday and I think I texted to say that I could not find where to pay the £5 required and also that I had used JustAnswer numerous times for advice about the case that I am now referring to Action Fraud
Customer: replied 10 days ago.
I have seen this message(above) several times before but have not had an email or a response on this dialogue page.
Customer: replied 9 days ago.
Sat 15/2/20. Not sure if JA operates over the weekend but have not received any communication from a fraud lawyer yet nor have I seen any way of paying £5 refundable fee referred to by Action Fraud. Woud be grateful if somone can update me please. Don Kiddel

Hello my name is Jamie and I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

Just to be clear you haven’t appealed?

Customer: replied 9 days ago.
Hi Jamie, thanks for your replies. However, for some reason the text on both of them is so blurred that it is illegible to the extent that I can't make out any words even with a magnifying glass, But I can easily read your name and the date above each message. My questions were forwarded to Just Answer by Action Fraud.on Thursday and yesterday. Don

Have you appealed the decision against you?

Customer: replied 9 days ago.
Hi Jamie, re a phone call, my wife is very distressed by the situation and would almost certainly overhear our conversation even if I went up to the loft! With all due respect, Action Fraud said they were sending my enquiry to Fraud specialist solicitors at JA before commenting on whether or not my case was strong enough to warrant police action. I know from past experience of civil matters that you are expert in many matters of the law but I wonder it that extends to potential criminal proceedings for fraud itself. Apologies for asking! Don

Forgive me, the question was, for a third time, did you ever appeal the county court decision?

Customer: replied 9 days ago.
The appeal questions must be those which were blurred. Yes, I appealed to the district judge at the end of his 'handing down' hearing. He insisted that I gave him my reasons for appealing there and then despite my asking if I could submit them in writing the following day. I was completely unprepared for this a spoke off the cuff for about 10. He then gave the impression that he was thinking for about a minute then refused.without giving any reasons as far as I can recall. i then appealed to the circuit judge who predictably refused also. At an earlier meeting the DJ had said that he was 'very likely' to refuse any appeals as was the CJ as she had to 'back up her judges'! Obviously the Old Pals Act is more important than serving justice. But the CJ has actually granted me an 'oral hearing' with a judge which hasn't been listed yet.

Ok. The police won’t be interested as this is a civil matter. Only if the appeal judge makes a finding of dishonesty or lying then would the matter be referred to the attorney general. It is only the AG that would bring a criminal prosecution.

But that won’t happen unless you have a finding from the court.

 

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer, by clicking the button at the top of the screen. I am not paid for my time unless you rate. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 9 days ago.
Yes I'm familiar with JA's procedure. When the promised hearing materialises I shall certainly show the judge my evidence that the Claimant not only lied repeatedly but also admitted in 3 written docs that were in my trial bundle (but not hers) that I had no contract to undertake nearly all of the work she was claiming for, She actually wrote that such a contract 'never existed'. Her statements are unequivocal especially the most recent email which wasn't in response to any communications from me as the first two were.
in addition I have already started researching how to put a private prosecution in hand

Sure. Do you need to ask me anything else today?

Customer: replied 9 days ago.
I've got a reasonable idea about private prosecutions but can you mention pros and cons of such an action please?

its expensive to bring. You would need lawyers to represent. If you lose you have potential cost consequences.

The burden is far higher, beyond doubt as opposed to on balance in civil.

Does that clarify?

Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 15287
Experience: Solicitor
Jamie-Law and 5 other Law Specialists are ready to help you
Customer: replied 9 days ago.
Part of the 'attraction' of a private action is the possibility of C's offering to settle out of court. Anyway I'll sign out now. Thanks for your help.

Well that’s more of a civil claim rather than criminal. Once the criminal starts unless you drop it you have to continue.

Customer: replied 9 days ago.
Thanks for the final bit of advice

Pleasure