ADVICE NEEDED - if CC plaintiff withdraws...in court 28/3/14

[Rivama]

Hi There

 

Can anyone help me with this.

 

Currently helping a friend compile defence bundle for CC small claims court

from money lender claiming alleged debt from 2009.

 

Company is a cash for cheque money lender (borrower depositing cheques @ £100 per time for cash,

and cheques to be returned to borrower or destroyed if repay loan in cash within given timeframe).

 

Company (FJC Route66 London) approached her June 2013 to chase £2000 allegedly borrowed in 2009

(original debt alleged £2,000 but with interest now in excess of £6k).

 

Although she has used his services before, around 2004,

she has no recollection of having borrowed from him again in 2009.

 

Furthermore, despite same address and telephone number since 2001

has received no 'default' letters or calls to ask for repayment before call in 2013.

 

However, having received his 'bundle' and investigating what documents she has held historically

- it turns out that this company has presented cheques in payment for this alleged debt

to his bank which she handed to him for borrowing in 2004

- which bounced as the account was closed in 2005

(and cheques which he had informed her previously were destroyed)

 

- furthermore, close inspection of the Credit Agreement he has presented that she has allegedly signed

reveals that we have two identically dated agreements,

both numbered same but with different signatures

(neither of which resemble her actual signature) and other discrepancies.

 

It appears that this company is trying to use her old 2004 cheques to obtain monies

and has therefore invented corresponding Credit Agreements dated 2009.

 

My questions are thus:

 

1) Do I reveal this apparent fraudulent discovery in her defence bundle?

2) In the event that he then knows I feel he may withdraw the CC Claim

- in which case - how should we proceed?

Insist on court or seek another form of redress?

 

3) Can we counter claim for the alleged fraudulent attempt ?

 

4) Can we have the alleged fraud investigated by the Police or other relevant authority

(he is a licenced Credit Company and Chartered Accountant - among other things)

 

This is a late enquiry (bundle to be deposited no later than tomorrow afternoon)

- so a swift response would be appreciated!!

 

many thanks

Edited March 13, 2014 by citizenB
spacing to make reading easier

[citizenB]

I will try and find someone who can help.

[Rivama]

Many thanks, CitizenB!

[Conniff]

Are you certain you can show, (preferably with paperwork), without any doubt that they are trying it on ?

[Rivama]

Hi There

 

Sorry for the delay....just got caught up wiritng up statements etc for the Court Bundle.

 

Yes, absolutely I can show that they are 'trying it on'as you say. I have two Credit Agreement copies, both bear the same serial number, date and amounts. Both show the drawer (lender) as depositing the same 3 cheque numbers in lieu - BUT the Company stamps are in different angles, the Creditor signature is significantly different and the Drawer's signature on the first (obviously genuine) Agreement is passable but the second is distinctly different and bears no resemblance to the first. This person has held on to cheques from 2004 (that should have been detroyed) and attempted to cash them in 2013 against a debt from 2009 that doesn't exist nor can be proven...so, yes. it appears as if he is hanging on to cheques and then designing Credit Agreements to justify a later deposit of the cheques into his account.

 

Given the time span and that the bundle has to be sumbitted tomorrow (and I am still busy compiling the file and as such, bloomin shattered!!!) I have had to make a decision and have included the whole lot within the Defendant's witness Statements and Particulars of Defence. I feel once he sees this that the Claimant may now withdraw....do we go on and indeed, can we insist on our 'day in court' (and would the District Small Claims Judge be likely to make recommendations in this respect) or do we just hand the file to the Police and/or Credit authorities???? After 18 months of hassle and worry and stress I can understand that the Defendant wants him prosecuted for this fraudulent attempt to play on her having been remiss in not taking back cheques for debts that were reconciled with cash....and his then "inventing" Credit Agreements to justify his then trying to obtain their amounts!!

 

I have no knowledge as to which of the Financial Authorities I should direct her to in order to pursue her case - although I personally feel this is a Criminal Case and as such should be handed to the Police (I am ex Met Police but as Scenes of Crime - but feel this falls within the remit of the fraud squad) Your opinion / advice would be welcome. Many thanks

[steampowered]

The bundle should include all documents relevant to the claim. Anything you want the judge to have available needs to be in the bundle. Anything you want him to read needs to be specifically drawn to his attention during the case.

 

If they want to withdraw you can't stop them. You can ask for a costs order after they do so, but might be difficult in small claims.

 

You can't counterclaim based on the alleged fraudulent attempt.

 

I guess you can probably complain to the regulators. But would make more sense to do this after the court aspect has been dealt with.

[Rivama]

thanks so much for the reply

 

I had kind of advised her to this effect and the bundle is now completed and en route to Court. Having become very familiar with all of his transactions I am convinced that this man isn't kosher and we are expecting a positive result at Court (if he turns up). Regarding the fraud side of things, I do feel it merits reporting but had already decided that we would attack that side of things once the court aspect has been dealt with.

 

Very grateful for the help.

[Rivama]

I am attending county court today with a money lending company that has decided to pursue me since 2013 for an alleged debt from 2009. Without giving every detail there are and have been no default notices and there is no debt, and there are several discrepancies in his claim and his paperwork leading me to believe that this company is fraudulent and I have sufficient evidence to prove this. I am outraged that he has the audacity to do is and was wondering if there was any form of redress I might be able to claim when i successfully show this to the court. he has pursued me vigorously and aggressively for the past year and attempted to cash four year old cheques causing me charges.....can I claim anything from him for the duress and the charges to my bank? Any help would be appreciated. thank you.

[BRIGADIER2JCS]

Hi, Interesting point, you mention "4 year old cheques" were these cheques bounced originally?

Why would this person be in possession of these cheques if no debt exists/existed?

Is the "money lending company" a legitimate company that holds a Consumer Credit Licence from the OFT.

[BRIGADIER2JCS]

4 year old Cheques? Why would this person be in possession of these?

Is the company legitimate holding a Consumer Credit Licence from the OFT.

 

 

As for claiming for stress/duress the judge will probably see it as a separate issue.

[Rivama]

Yes he is licensed but I feel the evidence will prove fraudulent attempt. These cheques were deposited against loans in 2004 and we're supposed to have been destroyed once the debt was paid (remiss of me not to have demanded them at the time, I know but such was the relationship at the time I thought he was trustworthy). He has presented credit agreements ( with discrepancies) unsigned and definitely suspicious, and I feel it as his attempt to obtain money from old cheques. I can definitely prove this beyond doubt.

[Rivama]

I am intending to report him once today is over.

[BRIGADIER2JCS]

Ok is he trading as an sole trader/partnership/Ltd., company?

 

 

Have you proof that the debt was repaid?

 

 

What exactly does the Particulars of Claim state?

[ims21]

All posts and threads on this issue have been merged here.

 

Please keep to this one thread.

[Rivama]

Particulars of claim state that he is a money lending company and that a loan was taken out in 2009 for £2000 and 18 cheques deposited as surety. No payment has been made and they want their money back with interest (4 years!!!) amounting to £6050 . Please see my thread above for more details......thanks for the merge,

Edited March 28, 2014 by Rivama