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bottletop

Legal Question

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A quick legal question, with the background details below:

18 months years ago there was a court action brought between X vs Y over some industrial machinery. In X’s signed and dated statement of truth the claimant also stated that Y had purchased a car from X 18 months previously and together they filled in the registration document, and X had been fully paid the £1500 for it, although no receipts were issued and as it turns out, X never sent the transfer of registration details to the DVLA. So X is to this day the registered keeper, Y has possession of the vehicle and has incurred storage costs to a commercial garage due to being unable to tax the vehicle for road use. In the case, Y eventually settled out of court due to the spiralling costs.

Fast forward to today, and Y receives a fast track summons from X claiming Y originally agreed to pay not £1500 but £3600, and stated he had never received a penny! So this is in complete contradiction to his previous statement of truth, which Y has a copy of, and in both statements of truth X included the vehicle’s number plate details so it is easy to see it is the same vehicle.

Now, obviously Y is defending the claim and has submitted a counterclaim. So my questions are:

1. Are there any legal difficulties associated with presenting the first statement of truth to the court for the judge to compare to the second statement of truth signed by X in his current claim? i.e. can X object to the document as the case never actually went to court.

2. Can Y say anything to the judge to try and press for perjury/contempt of court charges? I take it Y will win immediately by default when the documents are presented

3. Is it acceptable to use X’s original statement of truth to contact the DVLA to bring to their attention to the failure to transfer ownership prior to the court hearing?

4. Does the inflated sum X is now claiming amount to attempted fraud? And would the police be interested in comparing the two statements of truth, or just claim it’s a civil matter? Bearing in mind these are both court documents.

I have agreed to be Y’s “legal friend†in the action, so the more forearmed I am the better

Thanks for any and all replies

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If i was Y and it was over a 1500 pound car, i would strip it for parts or anything of value, dump it on a road somewhere and let x deal with e DVLA and police.

Then id just go and buy another car.

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If i was Y and it was over a 1500 pound car, i would strip it for parts or anything of value, dump it on a road somewhere and let x deal with e DVLA and police.

Then id just go and buy another car.

Unfortunately it's a classic car and Y actually paid 2k (X lied about the amound in his initial statement of truth as 500 was in cash)

Add on storage charges at garage (3 years at £25per week), insurance (garage refused to insure), MOT and repairs before being unable to tax it for road use and the counterclaim comes to 4.5k

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