Pre-Action Protocol Questions - Victim of Fraud

[muttley]

OK, i'll keep it as brief as possible.

Customer contacts me to work on his car. Is sent regular statements.Invoice emailed and discussed prior to collection.

Arrives to collect car. Tests drives and inspects with no problems.

Time to pay the bill. Is £1000 short. Claims misunderstood due to medication. Lots of playacting - pretending to call mother, then got threatening,. After 2 hours, i accepted his Rolex watch as security. Claimed it was worth 5-6K. Needed 2 weeks to pay what he owed.

Yep, you've guessed it - watch is fake, not been onto me to get watch back.

Have reported to ActionFraud. Awaiting to hear.

So now i want to take him to court.

I'm aware of new PAP regarding Letter Before CC Claim.

1) He is resident in Scotland. I live and work in England. I understand this doesn't affect the procedures. Is this right?

2) Do i still have to mention ADR etc considering this is a straight fraud?

3) I want to claim my time for time spent getting watch authenticated. Do i issue an invoice now, or wait and add it to the costs request (assuming i win)?

Thanks in advance.

[des8]

civil procedure rules 6.32 and 6.33.will apply to issuing a claim against a debtor residing in Scotland when the originating agreement or contract is governed by English law and subject to the jurisdiction of the Courts of England and Wales.

I would use the new PAP

It seems to me this is not fraud but only a failure to pay an outstanding debt.
You were left an item as security, not as payment. IMO you should have checked its value before accepting it, but there you are!
i don't see you have a claim for your time having it valued.

[muttley]

Thank you for your reply.

So, despite a deliberate, premeditated act of deception resulting in a victim being £1000 lighter, there has been no criminal act. Brilliant! No wonder this country is where it is...

So, back to the Letter Before Claim.

If i've understood the CPRs you mentioned correctly, the fact he lives in Scotland requires no special procedures at this stage.

The PAP mentions offering mediation, ADR etc. Do i have to do that in this case? Surely they are not relevant and offering makes no sense.

[des8]

Thank you for your reply.

So, despite a deliberate, premeditated act of deception resulting in a victim being £1000 lighter, there has been no criminal act. Brilliant! No wonder this country is where it is...
You have lost £1000. Your claim is that it is a debt that remains unpaid.
You could try a claim on the basis of misrepresentation IE he tried to pay with an overvalued item
But you actually accepted the item as security, not as payment.
Also you can only claim the £1000 once, and your best chance of winning is as unpaid debt
By the by, have you checked he has the money or assets to be able to pay?
If i've understood the CPRs you mentioned correctly, the fact he lives in Scotland requires no special procedures at this stage.Correct

The PAP mentions offering mediation, ADR etc. Do i have to do that in this case? Surely they are not relevant and offering makes no sense
It is not a case of making sense, but following directions so that you appear to be doing your utmost to be reasonable and avoid court..

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