I lost the hearing in the small claims court because the claimant lied.

[unhappy student]

I was taken to small claims court and I lost, the reason that I lost was that the claimant lied in court and the judge completely ignored my evidences and witness statement, also the claimant in question was my former tutor and I got some advice from a solicitor friend and the solicitor says that the judge was bias to the teacher and automatically believe in the words of a retired tutor and ignored the students side of the story, so at the end of the hearing I asked the judge for an appeal.

 

She asked why and I then said that the tutor made false allegation and she did not present any proof to her allegations and the judge refused my appeal and said that I have to ask permission from another court and that I have to pay what I owe, so basically the solicitor said for me to forget about because will ended too costly and a judge will not grant us a permission to appeal because that means going against another judges opinion and I only have 21 days to appeal and before appealing I have to ask permission from the court to appeal and time is against me. So I was given 14 days to pay and I said to the judge I’m unemployed and I do not received any benefits and she simply ignored and said well you have to search online at the small claims website.

 

So now my question is how can I get out of this situation without paying my ex tutor because she lied, so she does not deserve the money?

 

The woman in question took me and my friend to court and my friend is employed and will be able to pay her even thou we both agreed that were stitched up by the teacher, but my friend has a mortgage and cannot have a CCJ, on my case I’m unemployed and I absolutely do not want pay this teacher back, I much rather take the money when I have and give to charity.

 

The only reason the teacher won in court was because she lied and she told the judge that at the time she was a retired teacher working for free foe the University and she never mentioned to the judge or to the court that besides her retirement from teaching she is owns a investment company and she is the director of the company.

 

In court she played the poor pensioner and the money that she’s allegedly say that we owe was for accommodation costs for a field trip to a foreigner country, when we were promised by her that in regards of food and accommodation costs we will not be spending a penny because we’ll be taken care by a the association that we went to work for, but when we arrived there the teacher denied everything and everything that she promised was a lied and she paid and said that we would sort it out once we are back.

 

In court she said that we arrived in a foreign country without money and she said that we were offered free accommodation but refused and asked to be taken to the hotel, so the judge thought that we were taking advantage of this 66 year old lady and ordered us to pay the now £254,00

 

Without the permission to appeal and completely ignored mine and the other defendants evidences and a signed document accepting our staying for free at the charity association. Plus 3 days before our hearing the teacher contacted my witness and said for them to change their statement otherwise she will drag them to court and the judge completely ignore the fact that the teacher blackmailed the other students and she also asked them to write a statement in her favour.

 

I'm a very honest person and I believe in honesty but the tutor made so many false allegation, she even said that we all have criminal records and I asked the judge to ask for proof of that because myself and the other defendant do not have any criminal records and amongst other lies in which she has no proof to what she’s alleging, but guess what the judge just absolutely believed in the words of a teacher with a PhD and ignore the students.

 

I’m still in shock with the judge’s decision and the fact that a former tutor made up so many lies I do not believe that was a fair decision made by the biased judge.

 

So what should I do?

 

Thanks everyone for reading my lengthy post.

Edited October 1, 2012 by Andyorch
Formatted and spacing

[42man]

If you can't apply for an appeal for whatever reason (and bearing in mind that just because a judge may have got it wrong in the county court doesn't by any means indicate that a higher court judge will find the case 'correct' - there are hundreds of cases where a higher court judge has overruled a county court). Then you have a CCJ against you and your friend. Your options are to move house and wait until it becomes statute barred, bite the bullet and pay it, or appeal....

[unhappy student]

Thank you so much for your advice and coul you please help me with another question?

 

I was taken to small claims court,

I lost and I didn’t pay because the claimant lied so they won,

so the claimant is taking me to court again.

 

Can I contest the judgment from the first case?

 

Especially because the claimant lied in court and didn't show any evidence to support her allegations and all my evidence and witness was ignored.

 

I have received from court a claim form and It says there that I was ordered to pay the sum within 14 days and I did not pay,

the claimants also says that “she knows that I can pay” ( strangely especially when I told in court that I was unemployed and do not have a income ),

 

so I filled the form and chose to defend myself and go to court again and I have 14 days to prepare my defence.

Thanks for taking the time to read this post.

Unhappy student.

[unhappy student]

I was taken to small claims court, I lost and I didn’t pay because the claimant lied so they won, so the claimant is taking me to small claims court again. Can I contest the judgment from the first case? Especially because the claimant lied in court and didn't show any evidence to support her allegations and all my evidence and witness was ignored.

 

I have received from court a claim form and It says there that I was ordered to pay the sum within 14 days and I did not pay, the claimants also says that “she knows that I can pay” ( strangely especially when I told in court that I was unemployed and do not have a income ), so I filled the form and chose to defend myself and go to court again and I have 14 days to prepare my defence.

 

Thanks for taking the time to read this post.

Unhappy student.

[honeybee13]

Hello Unhappy student.

 

I've merged your various threads into one on this forum. Please continue to post here rather than start new threads, because that doesn't help either you or the people trying to help you.

 

My best, HB

[unhappy student]

Unfortunately for me I received a CCJ from a person that lied in court in order to win de case. I do have a few questions to ask?

I received a County Court Judgement and was ordered to pay straight away even though I did say to the judge that I was unemployed and couldn’t pay and can she please provide me payment options she said No and said to deal direct with the Claimant. So I didn’t pay the claimant because I am very scared of this person, especially because she’s been sending me threats via email saying that I was going to be done for perjury because I “ Phoned the court and told them that I have made full payment", plus in order to win the case she made up may false allegations and that was enough to convince the judge, maybe she's getting her wires crossed with the other defendant, so I decided to wait and be called in court again for Questioning and from there I would be able to asked for a payment plan via the court and not thru the claimant because I don’t trust the person at all. So now has been a year later and I received thru the post a letter from the claimant asking me for full payment with added interest plus a attached photocopy of a court letter talking about a form 39 saying that a new request can be made for rescheduling a hearing for questioning and in this form it states that the claimant have to hand to me by hand, however the claimant in her letter to me she said I have obstructed the court orders and didn’t attend a couple of questioning hearings, much to my surprise because I never received anything from court and now the claimant also added in her letter to me that apparently she found out that I lied saying that I changed my address and she found out to be untrue, am under the impression that the Claimant has been telling the court that I changed my address so she doesnt need to hand deliver any court papaers to me and make me look bad by not attending court.

 

My questions are:

Can I get arrested for not attending question hearing when I didn’t receive any court papers or had handed to me by the claimant?

So the claimant posted a letter but she didn’t delivery to me in person – does she need to hand to me by hand?

Does she need to prove to the judge that she handed to me in person? Otherwise anybody can tell the judge that they handed in person. Is there a safeguard against that?

The reason why I want to make as difficult as possible for this person to get any money from me it’s because I didn’t get justice in court the Claimant lied in order to win the case and myself and the other defendant felt let down by the system.

Thanks so much to everyone that took the time to read my query and any help is welcome especially because I am very scared of the Claimant, this person keeping on making petty lies and threats.

Edited February 12, 2014 by unhappy student
FORGOT TO ADD SOME INFORMATION

[honeybee13]

Hello there.

 

Does this thread refer to the one you had in 2012 please?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?367358-I-lost-the-hearing-in-the-small-claims-court-because-the-claimant-lied.

 

HB

[unclebulgaria67]

Yes you could be arrested for contempt of court.

 

You should see a legal aid solicitors to see whether they can help you.

 

https://www.gov.uk/check-legal-aid

[unhappy student]

Hello there.

 

Does this thread refer to the one you had in 2012 please?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?367358-I-lost-the-hearing-in-the-small-claims-court-because-the-claimant-lied.

 

HB

 

Hi HB thanks for your reply, that's correct still the same Issue so that's why I don't understand why I have not receveid anything from court, because I received the first time around when I was ordered to pay but now only the claimant posted me a letter with one attachment. Thanks HB for pointing out the other thread I couldn't find because am not very familiar with the Consumer site. Thanks

[unhappy student]

Thanks very much for your help and I will definitely check it out.

[honeybee13]

I've merged you new thread with the old one.

 

Sorry if I've misunderstood, but in post #4 you mention going to court again, but now you're saying you didn't know about it?

 

HB

[steampowered]

Hi unhappy student

 

Unfortunately you have reached the end of the legal process with this one. The judge decided that the other side was in the right, and you are way past the maximum time for appealing. The CCJ is binding and is now a debt that you have.

 

I don't understand the reference to form 39? The form to require someone to attend court for questioning is form N316. If you know there is an order you attend court for questioning then yes you have to attend it.

 

These things are supposed to be served personally, but if you are evading service by refusing to sign for letters or giving an incorrect address then the court will not be sympathetic.

 

You need to be careful about trying to make life difficult for the claimant. Remember the court has decided you must pay the CCJ. If there are hearings about attending court for questioning, if the claimant has to use bailiffs, and so on - you will be made liable for the cost of all these things which will increase the debt. In the meantime interest will be added to the debt at 8% a year.

 

The purpose of the hearing will be to question you about your assets. There will not be a payment plan set at the hearing. The only way to get the court to set a payment plan is to complete N245.