Lying about a getting a CCJ against someone

[Dianareed]

Hi - A mate of mine is being taken to court by someone who has been annoying him for months (Civil) and my mate is counter suing he has just sent in his response within the correct time frame but today the claimant is now telling everyone he has won and that my friend did not turn up

He has checked with the Court and the case has not even been allocated yet due to Covid-19. The claimant is writing letters and posting online that he has a CCJ against my mate and that the case was heard on xxx of June. This is distressing for my mate and he is angry. The Court have asked if he wants to make a complaint and for proof that the Claimant is saying he has won a judgement and that they take this* very seriously.

Any advice would be appreciated he doesn't know if he should report this to the Police? Is it fraud to claim you have a CCJ against someone when you dont

*

[R0b]

Hello

Fraud generally requires someone to have suffered a loss, which your friend has not other than some lies about this person winning against your friend, but that will obviously come out in due course anyway when he has to go to court.

The court has already given you a suggestion, and I think that is the best course of action. Capture the evidence, send it to the court and if your friend really takes issue with this, then he can raise it with the judge at the time. I'm not sure what effect or sanction that is likely to have but that would be for a judge to decide.

Alternatively, your friend could look into obtaining an injunction for defamation on the basis that what this person has posted is wholly untrue however that could cost your friend a fair penny.*

Can't your friend just ignore it or just counter that person by simply posting up a letter/email from the court saying it hasn't yet been allocated? Also, if this person hasn't filed a defence to the counterclaim within the relevant time period, your friend could obtain default judgment against him. Now that would certainly make this person look very silly wouldn't it.

[Dianareed]

Thanks I have passed that on -* He thinks the claimant is going to drop the case now he has put in a counter sue.*

[R0b]

He may be able to drop his claim but the counterclaim won't go away, that will continue. Civil procedures require the defence to the counterclaim to be filed within 14 days of it being received, otherwise the counter-claiming party is entitled to request judgment.

Has he filed a defence to the counterclaim and has 14 days expired? If no defence filed and the 14 days has passed, your friend might want to request judgment on the counterclaim, which is just an administrative process. Before he does, he needs to make sure he gets his dates right because if he requests judgment too early, there could be cost consequences if the claimant needs to have it set aside.

I wouldn't be drawing the claimant's attention to the fact he hasn't filed a defence to the counterclaim, it is not your friends job to do that. Maybe give an extra day or two after the 14 day limit has expired before requesting judgment, then he could be relatively confident that the 14 day window has expired.