Judge Rules?
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Discussion

glassman

Original Poster:

24,552 posts

238 months

Friday 29th September 2006
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Last October, a guy we did work for presented us with a moody cheque. The amount was for £200. We persued 'it' and the evasive 'him' but he quickly disappeared... underground.

CID came and took a statement and 'The Hunt for Cheque Fraudster' began.

He, a taxi-driver from Wood Green, turns out to be wanted for various hit-and-run incidents, speeding and jumping a red light offences. He also has form for deception. After quite some time (about five months) he was finally arrested; usual format, bailed pending further enquiries.

He failed to appear on his bail date.

After a couple of months Cheque Fraudster was arrested again but, given his track record and his demonstrative skills on how to jump bail, he was again given a return date and released. By this time, we had given up hope that he would ever be taken to task over knocking us for 200-quid, or that he would ever be seen again.

Two weeks ago, the Officer in Charge called and told us - to our surprise - Mr. Cheque Fraudster was in custody and heading for court the next morning. There he pleaded 'not guilty' and the case was referred to Crown Court this October (for various charges as well as scamming us). Again, unless this dude was remanded on bail, we held little hope of him making that date. However, today, the OIC called and explained what the Magistrate dealing with Cheque Fraudster 'proposed' before referring the case on...

The long and short of it now is, he (CF) has been told that the (our) case will be dropped against him as long as he makes a payment in full. This was immediately agreed by his lawyer who offered to write out a cheque on Mr. Fraudster's behalf.
As the OIC explained, the Magistrate had intimated to CPS a way of getting us our money and hence, made mr. CF this 'proposal'. We were not present in court.
OIC is now ready to come and deliver this cheque (for £200) and close the matter.

It has been suggested that despite our claim for compensation, we should accept this offer and forget about: the time lost chasing Mr. CF which included phone calls, letters etc; the two sessions spent at the 'Blue Lantern Hotel' 1. to ID him and 2. to dictate the statement.
(We have also filed a case with Money Claim to try and recover this year-old debt + compensation).

The debt is more or less written off, but by principle, we chose to persue this man - why should he get away with it?!
The situation now is, the cheque (written by CF's lawyer) is made payable to me (the director) do I just take it and be grateful that we (well, I) did get something rather than nothing?

Is this reasonable?

singlecoil

35,775 posts

269 months

Friday 29th September 2006
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Take the money and move on. I'm amazed that you've managed to get anything at all from this ***t.

glassman

Original Poster:

24,552 posts

238 months

Friday 29th September 2006
quotequote all
singlecoil said:
Take the money and move on. I'm amazed that you've managed to get anything at all from this ***t.


I will gladly accept the money, but after a year (it no longer is about £££'s) it has become a case of just wanting to see this man get punished - or stopped!

It seems since he has been in this country (he appears to be of Middle Eastern extraction) he's done nothing but 'buck' the system, like, failing to stop at the scene of an accident (twice!), jump red lights, knock car finance company, knock us, sign-on while working as an un-licenced cabbie in the city... etc., etc.

He's a complete scum bag.

Graham

16,378 posts

307 months

Friday 29th September 2006
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take the money pocket half of it and give the rest to some moody geezers from moss side and a picture of said purp...hehe

turbobloke

115,884 posts

283 months

Friday 29th September 2006
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Looks like an unlikely happy ending in these circumstances. Forget the hassle and bank the cheque. Leave vengeance to the deity upstairs

jamesuk28

2,176 posts

276 months

Friday 29th September 2006
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Take the money. If you want revenge track him down and kick the living s**t out of him, otherwise as the mob say "forget 'bout it"

Muncher

12,235 posts

272 months

Friday 29th September 2006
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I wouldn't settle for £200, let the solicitor know that you want the full amount for the debt and the time it has cost you.

glassman

Original Poster:

24,552 posts

238 months

Saturday 30th September 2006
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Muncher said:
I wouldn't settle for £200, let the solicitor know that you want the full amount for the debt and the time it has cost you.


But this has been instigated by the Judge / Magistrate. I expect the solicitor to remind me of this.

Don't think anything the Judge has 'proposed' (in my absence) is negotiable.

??

Muncher

12,235 posts

272 months

Saturday 30th September 2006
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frazer guest said:
i think i would have been suspicious of a cheque for only £200. why not cash for such a small amount?


If a solicitor makes an undertaking to pay, be is personally bound by it so a cheque for a solicitor is as good as cash.

chrisgr31

14,216 posts

278 months

Saturday 30th September 2006
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Muncher said:
frazer guest said:
i think i would have been suspicious of a cheque for only £200. why not cash for such a small amount?


If a solicitor makes an undertaking to pay, be is personally bound by it so a cheque for a solicitor is as good as cash.


Presumably also it makes the transaction clearer for the Solictior when his accounts are audited.

I am also in the take the money camp. There are loads of people bucking the system and you taking one on, on a matter of principle, is going to make no difference.

I think you will find that the only people that make money out of principles are lawyers!

Leftie

11,838 posts

258 months

Tuesday 3rd October 2006
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Sounds to be like there is a consideration that the case against him may be a civil debt rather than a criminal matter, and the easiest way out is to treat it like that. My worry might be that if a number of his cheques are dealt with like this it may reduce the evidence of 'system' as it then looks like a few odd cheques, rather than shed loads when he told the same story or used the same method.

V8 EOL

2,782 posts

245 months

Tuesday 3rd October 2006
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How much do you value your own time? This may sound arrogant and big headed but I put a figure of £100p/h when making thease type of decisions. I find it really helps put things into perspective.

i.e. Do I stand on a 4 hour train journey on a standard ticket that costs £50 or sit in first class, do lots of work and spend £150? Case closed!

I wouldnt have bothered to take it this far. Take the money, put it behind you. It is only £200 (i.e. 2 hours of your time).