Quote:
Originally Posted by pmrid
This raises a couple of interesting issues:
1. How did the claimant manage to get judgment without your kowledge?
2. How did he particularise the damage?
The reason I mention it is that it seems very likely that the conduct of the claimant is criminal at a couple of different levels:
(a) in falsely claiming to have served you with court process - this would have been by way of an affidavit filed in the small claims tribunal; and
(b) in falsely claiing more damage than actually occurred - this would not be just a clerical error - it would be fraudulent and an abuse of the process of the tribunal and also, in all probability the subject of a separate false sworn affidavit.
I would go to the police and make a complaint. This was a blatant attempt to abuse process, swear false oaths and defrad you.
Peter
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This is an excellent point Peter, Chris it would seem they have falsified documents to state they have served you, if you contact the Clerk of Court at the relevant jurisdiction you should be able to get a copy of the papers re service of the notice. There should be details of when and where they served you, if you can show they could not have served you at that time then you have a good chance of showing an attempt to pervert the course of justice. An attempt to pervert the course of justice even in civil proceedings in Small Claims court is an indictable offence.
If necessary you can use the Freedom of Information Act to gain access to documents.
Good luck with it, your insurance co will be keen to follow it up as if they can prove the docs were falsified, they can then go the taxi co for costs which will be substantial.
I believe that I'm in the right, will happily pay for genuine damage but won't stand idly by while they fleece me. I have evidence and I'll use it.
