by Rupert Insider
We can discuss our step-by-step guide on how to use the UK small claims court to recover money Oldham-Koptalk took through (1) double dipping (2) the sale of fake memorablia (3) or other false claims and misrepresentations.
Hopefully, that guide will be posted as an article within the week and made into a stickie and then become the focal point of a campaign which will be promoted on other sites – a campaign to make Oldham pay it all back.
To make it simple, I think it would be best if we concentrated at first on his double-dipping in PayPal accounts and overcharging going back 5 or 6 years. Everyone involved should have documentary evidence of that in the form of their PayPal or other account. But the sale of fake memorabilia would be a close second if a claimant has evidence.
We realise that there are grounds to sue Oldham for other matters, but we rather think those grounds will be very much stronger after the blog has completed some other projects on which we are working.
We are making good progress but need your help on one important aspect, namely, the procedure for non-residents of the UK.
As you know, many, if not most of Oldham’s recent victims are from overseas. There is a procedure they can use – through Trading Standards – to persuade Oldham to pay and we will be dealing with that. But it would be better if they could access the UK small claims court.
“Non-residents” would include UK citizens currently non-resident. It would include the Irish – who do have their own small claims procedure, citizens of the Commonwealth, Europe and everyone else including Asia, Africa, South America and North America.
At the moment we are working on the assumption that Duncan Oldham carrying on business as “Koptalk.com” and various other aliases, is subject to UK law for all his transactions to date. He may also be subject to the law of other countries. If he has done or will do a bunk to a foreign jurisdiction we will deal with that when we have confirmation.
I’d be grateful if anyone can give us authoritative information – with links. If you don’t have such information but are willing to help us – perhaps you could call someone who knows, or even pop into your local small claims court and ask, or visit your university or municipal library research department and ask for help. If you are a lawyer, even better.
To some extent petty fraud and malpractice on the net is new territory for the UK Small Claims Court- hence the need to do some research.
At this stage my own working assumption, subject to correction, is that all can use the UK Small Claims court wherever they are resident, but they will have to satisfy the court that they have an address in England and Wales to which court papers can be served (the procedure for Scotland is different). Claimants would also be responsible for having their case adequately represented at any hearing in court.
If Oldham runs true to form he will settle before it goes to trial.
But the risk for a claimant is that if they are not represented in court and Oldham is, the claimant would be responsible for Oldham’s costs.
But there is a provision in the rules that would allow a claimant to be represented by a lawyer or even a friend.
If that could be used, without the claimant being present, the blog could then see about organising a lawyer or a friend for overseas claimants.
Perhaps the blog could also help arrange an address in England – such as that of a solicitor – where papers can be served.
Please send in your findings as soon as possible either to my email or in the Comments section. My email is: rupert.insider At gmail.com (Don’t send in links to general guides or articles or ideas – we have those already. We are asking people to share the burden of reading such things and coming up with the answers).
If you are of the opinion that the UK Small Claims Court cannot be used by non-residents perhaps you could suggest how they can use their own courts to collect from Oldham-Koptalk. Let’s be thorough.
We want to concentrate on getting authoritative answers to the question about non-resident claimants. And thanks, in advance.