Small Claims, Human Rights

[pat5y]

Hello

 

A woman took my husband to the small claims court for a cheque that she had made payable to me.

 

 

At the second hearing the judge or sheriff (I'm not really sure what they are called) threw the case out

as the case should have been brought against me.

 

 

He then went on to explain to the woman that she should take a small claims out against me

as it was me that she wrote the cheque out to.

 

 

He then said it was me that was liable for the cheque, (even though I was acting as an agent for this cheque)

and that if the woman takes out a small claims against me he would probably make a judgment in her favor.

 

What I want to know is

have my human rights been violated in this case,

as the judge/sheriff has not afforded me the chance to put my case across

and would not let me explain about the cheque

and told this woman to take a claim out against me

and she will probably win.

 

 

I am now receiving abusive letters from this woman stating that as the judge/sheriff said it was me that was liable, she wants her money back.

 

Any thoughts or help would be appreciated.

[BazzaS]

Hello

 

A woman took my husband to the small claims court for a cheque that she had made payable to me. At the second hearing the judge or sheriff (I'm not really sure what they are called) threw the case out as the case should have been brought against me. He then went on to explain to the woman that she should take a small claims out against me as it was me that she wrote the cheque out to. He then said it was me that was liable for the cheque, (even though I was acting as an agent for this cheque) and that if the woman takes out a small claims against me he would probably make a judgment in her favor.

 

What I want to know is have my human rights been violated in this case, as the judge/sheriff has not afforded me the chance to put my case across and would not let me explain about the cheque and told this woman to take a claim out against me and she will probably win. I am now receiving abusive letters from this woman stating that as the judge/sheriff said it was me that was liable, she wants her money back.

 

Any thoughts or help would be appreciated.

 

"Human Rights, Innit!"

 

Firstly : the judge said "probably" : fair enough, the claimant likely made a strong case. "Probably", rather than "definitely" means they haven't yet reached a final decision - likely to give them wiggle room to at least consider your evidence.

 

OK : which human right?

 

Sounds like the right to a fair hearing & due process.

However, you haven't had the claim brought against you yet.

 

If they do, and you don't get a fair hearing : then yes, appeal.

 

Since you haven't had a hearing to which you are a party : you haven't been deprived of your right to a fair hearing.

 

Which other human right were you planning on claiming applies?

 

Do you owe them the money? (Did they get a fair return for their cheque, or whatever 'consideration' had been agreed)? What about their rights to fair treatment?

[pat5y]

No I don't owe them money. As I said I was acting as an agent for this money and passed it on to the Asc I took the money for. The woman received the 'considerations' that had been agreed by and from the ASC. The only reason I had the cheque in the first place was because the ASC had not yet opened a bank account. The woman entered into an agreement with me to cash the cheque and pass the monies on to the ASC, which I did.

[BazzaS]

No I don't owe them money. As I said I was acting as an agent for this money and passed it on to the Asc I took the money for. The woman received the 'considerations' that had been agreed by and from the ASC. The only reason I had the cheque in the first place was because the ASC had not yet opened a bank account. The woman entered into an agreement with me to cash the cheque and pass the monies on to the ASC, which I did.

 

I'm lost : what is "the ASC"?

 

I'm confused as to events. What was it the woman got back for her cheque, and why does she feel aggrieved?

 

You may be an innocent third party, but why does she want to sue if she hasn't lost out?

 

You took a cheque and passed on cash. Do you have a receipt for the cash? Is any receipt for the same sum as the cheque or did you profit from events?

 

What with taking payments for a third party : is this a. "Money mule " scenario?

http://en.m.wikipedia.org/wiki/Money_mule

[pat5y]

I do not want to say too much on here as its a public forum. I was not asking about the whys etc of the case with this woman, I will leave that to the court if she takes the matter forward. What I was asking about was human rights to a fair hearing, which you have kindly answered in your first reply. Yes I do have a receipt for the cash and its for the same sum as the cheque and I did not profit from events. ASC is the association that was running the events that this woman attended. I was not a money mule and have taken legal advice on the matter. As I said the advice I was wanting on here, was regarding my human rights.

[BazzaS]

I do not want to say too much on here as its a public forum. I was not asking about the whys etc of the case with this woman, I will leave that to the court if she takes the matter forward. What I was asking about was human rights to a fair hearing, which you have kindly answered in your first reply. Yes I do have a receipt for the cash and its for the same sum as the cheque and I did not profit from events. ASC is the association that was running the events that this woman attended. I was not a money mule and have taken legal advice on the matter. As I said the advice I was wanting on here, was regarding my human rights.

 

As noted, your rights to a fair hearing can't have been compromised if the hearing which took place wasn't your hearing, and your hearing is to follow....

[pat5y]

Thank you once again.

[steampowered]

You will have a chance to defend yourself at a fair hearing if the woman chooses to bring a claim against you. You were not a party to the first case so there is no breach of your rights.