Claimant cancelling Court Hearing after extorting money

[ajandjjmum]

I would be really grateful for any advice anyone can give me.

We have an external security system provided by an organisation, who consistently failed to perform. We transferred the system to another supplier, and refused to pay their last bill. They issued a claim under small claims, negotiation failed, and a court hearing date was set.

I went on holiday, and on my second day away two guys in a blacked out BMW arrived at my home (where my 87 year old mother lives), and demanded over £1,000 - 3 times what they were claiming. They said they would return each week, and the cost would go up by £400.

I was horrified, particularly as the matter was with the courts, but apparently there is nothing to stop them doing this. My brother lives 100 miles away, and was obviously very concerned about the vulnerability of DM, and paid them on the basis that it was 'without prejudice'.

Having just spoken to the Court, I have been advised that the claimant has withdrawn the claim - not surprisingly, as they have three times the money! I had contacted the Court and told them what had happened, but presumably, this couldn't affect the decision.

I have now been told to complete an N244 to have the case re-instated, at a cost of a further £80.

Before I do this, could anyone confirm that this is the right way to deal with it?

Thank you for any help.

[iheartdusty]

why haven't you gone to the police?

this is extortion.

if the civil case is reinstated, what do you hope will happen? Do you deny that you owe anything? OK - so it could be declared that you don't owe anything.

how does that help your poor DM?

she would have to make a claim against them to get the money back, or you have to counterclaim as well as asking to reinstate their claim.

[ajandjjmum]

I obviously haven't explained it very well iheartdusty.

I was on the other side of the world - the priority was protecting my DM from threatening behaviour - and potentially worse. The case was against me, it just so happens that DM lives with us.

I know it's extortion - what I am asking is the best way forward - hoping that someone with some legal knowledge could give me some guidance.

My question was is the completion of an N244 the right way forward, to reinstate the claim.

[mumblechum1]

Well yes, an N244 is technically the correct action, but in reality what do you think is likely to happen?

Get in touch with the police.

[iheartdusty]

sorry if my answer was a bit abrupt. I think the point is that the court will not carry out some sort of enquiry or investigation into what has happened. As mumbelchum says, a N244 is the correct form for asking that the claim be reinstated. In addition, you need to initiate something else to get a civil court judgment against the claimant for an order of repayment of the money they have wrongly received, and the most straightforward way to do that is for you to counterclaim. It was your DM who made the payment, but you could reasonably say that she did so as your agent, otherwise it is Dm who has to make the claim fo the money back.

But none of this addresses the real urgent issue which is that your vulnerable DM was intimidated into handing over money, which I fully understand is your main concern. the problem is that the civil court claim will not deal with that aspect.

[ajandjjmum]

When we were away and this all kicked off, DH wanted to contact the Police. I didn't go that route, as unless they were going to provide a 24 hour guard for Mum, I thought it could aggravate rather than resolve.

Now we're home, I'm more than happy to speak to the Police. I just thought they would not be interested.

Assuming the worst, ie. the court found we were liable for the £350ish on the original claim, that's fair enough. It's the additional £700 I have a problem with - but I need to work out in my own mind whether it's better to use my time and energy on productive stuff - or stick at it because of the unethical behaviour of this bunch of crooks!

I have spoken to their professional body, who are getting one of the directors to call me back.

Thanks both for your guidance.