CPR Advice (as Claimant)

[Can of Worms]

Hi
I have a slightly complex issue that I'm dealing with in the small claims court. I have been ripped off by a limited company. Upon closer inspection, the same director has been responsible for numerous actions similar to mine, using a variety of different companies. I have issued a small claim against the director under the tort of deceit. I have two questions:

1. I am now aware that there is an on going police investigation into this man. Would it be possible for me to submit an application to the court to cancel the hearing date that is scheduled, pending the outcome of the police enquiry?

2. I have spoken with someone else this morning who has also issued proceedings against this man. This matter is further advanced than mine and I have been given sight of the witness statement that the defendant has filed. There are blatant lies within the statement. Am I able to use this statement as an exhibit in my own witness statement/

Thanks in advance.

[Amethyst]

You have issued a claim, has he submitted a defence in the case as yet ?

You can ask for the case to be stayed after then if you so wish. Not sure when you issued the claim but he does have 33 days to file his defence. Has he ackowledged ?

The police investigation most likely won't get your money back, so I'd keep your irons in the fire with the civil claim - although probably be wary of spending too much money on the claim if it's seems unlikely you would get paid if you did go on to win.

I don't believe you can use a WS used in a another case for your case, it wouldn't have any relevance and would likely just be disallowed. He may well use the same WS in your case so you can use that. Don't forget you can file a reply to his witness statement after exchange if it contains untruths.

Do you want to tell us a little bit about what happened and what this ltd company ( and Director thereof) have been up to ?

[2222]

If he has been using a variety of limited companies, you may well not be able to recover anything, as he will just wind the company up. Did you pay any of it with a credit card?

[Can of Worms]

If he has been using a variety of limited companies, you may well not be able to recover anything, as he will just wind the company up. Did you pay any of it with a credit card?

I am suing the director personally for that very reason, not one of the limited liabilities that he hides behind.

[2222]

I am suing the director personally for that very reason, not one of the limited liabilities that he hides behind.

Presumably on the basis that he made false representations? I wish you all the best with that, as far too many crooks do manage to hide behind limited companies.