Lost Small Claims Case

[Sam170582]

I lost a Small Claims Case as a Claimant. I have knew evidence which I would have certainly won the case with.

Can I appeal with this new evidence or start a new claim?

[MIKE770]

best give information as to what this is all about, every case is different, update facts!

[Celestine]

I lost a Small Claims Case as a Claimant. I have knew evidence which I would have certainly won the case with.

Can I appeal with this new evidence or start a new claim?

Yes more information please, but in principle you cannot bring a second civil claim against someone for the same fundamental issue. Nor can you appeal a case due to new evidence because you can only appeal if mistakes in law were made in the first hearing.

[Sam170582]

Thank you Celeste I have given you a 5 star review.

Can I use part of a witness statement from a defendant as evidence in a new claim against a new defendant?

Thanks Sam

[Celestine]

Witness statements, defence statements, statements of claim often form evidence in future cases. The difficulty often is getting hold of such evidence because not all of it is published or freely available. A witness statement is signed as a statement of truth, in other words, is more compelling than say, a text or email. Given that you personally have ownership of this witness statement (I assume) from the previous case, I can't see an issue with including it as evidence in a new trial.
Given that I'm unaware of the circumstances surrounding this, I'm assuming there are no data protection issues.

Thank you very much for reviewing us, happy to help.

[Sam170582]

Thank you Celeste. Have you got a donation page.

I have got a real conundrum. I lost my case. I know a company forged my signature. But what came apparent in the hearing is that the Defendant used a third party who had access and was responsible for dealing with the signing of my signature. I have requested this third party name and address which the Defendant is refusing to give me.

Can I take legal action against the third party even though I lost my case against the Defendant which is basically same reason? Which is using my data without my consent.

Secondly will I be able to get a judge to make the Defendant give me the name and address of the third party who were given my alleged signature and personal information.

It was my first time in court I expected a proper judgement in the post. All I got was a letter stating that the case was dismissed is this normal?

Thanks Sam

[Celestine]

Before we get into more detail, can i ask a couple of further questions please?
I'm struggling to compute how a third party 'responsible for dealing with my signature' came to participate in a fraudulent act. Can you give me some more detail as to what was said in the hearing that yielded this nugget of valuable information. Maybe if you could share something more of the actual dispute which led to a court claim.
Have you spoken with the ICO? They could certainly force disclosure if they were interested.
The court system is running slowly and unpredictably at present, I am not surprised that correspondence from the court is brief.

[Sam170582]

I signed up for claiming a Uniform Expense

[Sam170582]

I signed up for claiming Uniform Expense with the Defendant. However they sent me a letter by post and a text message with a link for me to sign. I decided not to sign either as the Defendant wanted to act as my Tax Agent and claim any tax I was due for the last four years. This firm is on Trustpilot and has so many complaints about them.

A few months later I get a letter from the HMRC and they have sent my cheque to the Defendant as I signed a document allowing them to act as my Tax Agent. I contacted action fraud they did not want to know.

What transpired in the hearing is that the Defendant had argued that they had no access to the signing of my signature but it was done by an IT administrator.
The Defendant stated that the IT Administrator would not have and would have had no reason to sign my signature.

Problem is whoever signed my name only signed my name with my first name which I would never do. I supplied my driving license as proof. There had to be two signatures and they both had to be submitted which there records show were done within 1 second of each other.

The most damning evidence is that the Defendant had a statement which said this is the time on the person's device when making this signature. The time was 11.09 I was able to locate my old phone and I recieved text message at 12.08. It was signed 1 hour before I received the text message or from someone in another country. I was only able to find my phone after the hearing which was a choker. I did send a letter to the judge about the new evidence asking to appeal his decision but got no response.