Filby Facts

Filby and Mr Howell

Please go back to the home page if you're not interested in the truth about Den Tanner's dealings with Alan Howell.

This is the story of Mr Howell's Sumo in narrative using the same links as in the Fiby Fact File.

Whilst trading as Pilgrim, in August 1999, DT sold a second-hand Sumo to a Mr Howell . Things went wrong with it, but AH would not bring the car back even when asked. He insisted that his local garage work on it.

There was a fuel pump blockage after 700 miles (because no filter had been fitted). The clutch cylinder needed bleeding (possibly replacing - I'll never know which) after 4 months. He complained about spongy breaks - his garage sorted that problem.

The big issue was that a nut holding a front upright came off shortly after the brakes had finally been fixed. That caused, in effect, the front wheel to fall off. The final straw came a month later (6 months after the sale) when a noise was heard to be coming from the gearbox. Again I offered to fix it, but AH would not deal with Pilgrim (to this day I don't know why. He said in Court that he was afraid that he wouldn't get his car back.)

AH issued proceedings against Pilgrim in the County Court to recover £1,400. Before Trial; he read this 'Unique Survey' notice in WKC and invited PF to a 'ring side' seat in court. AH's claim was heard on 28th December 2000 Judgment is here. PF having attended the Trail, published this report in the Feb 2001 issue of WKC, and sent this blackmail demand . He also contacted the Vehicle Inspectorate who launched an investigation into alleged Sumo safety concerns and customs and excise about VAT and the IR about income TAX.

The Blackmail Demand followed an offer that DT had made to settle the earlier dispute. PF had evidently taken that offer to be a sign of weakness; on the back of which he launched this massive further attack.

DT took the Blackmail demand to the High Court, on an emergency Application basis, seeking an injunction to prevent PF going through with his threats. It couldn't be done (because DT couldn't say exactly what PF was going to say AND because of the freedom we give our press in this country). Right said my opposing Barrister "My clients won - his costs in this hearing amount to £7,000". The Judge responded with words to the effect "I'm not awarding costs to a guy who makes those kind of threats". So, I lost my train fare to London, but Fib's lost £7,000 in Barristers fees!

I confronted PF with the fact that his reports were untruthful. This was his response. I had two choices (explained to me by the Judge at the above mentioned hearing). Either come to terms with PF or take this new cause to Court. As you'll read; I was effectively forced to do one then the other.

PF kept on harping on about AH's 'dreadful service'. So, to avoid the onging damage, I made an offer to settle my pending Writ. I agreed to contribute £9,500 toward Fib's £60,000 legal bill; in return for his Undertaking not to publish further articles. I thought £9,500 a reasonable price of PF's silence. Whilst the negotiations were taking place he published these two reports. Another month later and 6 days after the deal was done, Fib's next magazine came out in which he published these two reports. His excuse was that he'd already 'published' them before the deal had been done.

Here began the next round of legal problems. Fib's said, they're not 'articles' but 'reader's letters'. A month later, the "Unique Survey" 'notices' started re-appearing, this one was in the June 02 issue, PF was making clear, against the legal advice of his solicitors, that anything that came by way of letter would definitely be published.

DT was forced to take the issue as to whether 'readers letters' were 'articles' in the context of the Court Order back into the High Court. Fib's won that pedantic argument . I was going into my breakdown (correctly known as a hyper-manic state) in the Court and therefore wasn't being coherent in my presentation of the evidence). A few days later, Fib's issued a petition in Bankruptcy (Statutory Demand) for the £9,500 I'd agreed to pay under the Order of Judge Gray. I had to either pay up (about £16,500, including costs), which I couldn't bring myself to do on principle, or Appeal against the Judgment. which was going to be very difficult.

DT also issued a new Writ covering the libel and malicious falsehood in the above 'letters'. My witness statement is very detailed (28 pages) and lays out my position in great detail.

I was in a real state at this stage. I had to fight my new case and handle the Appeal of the previous one. At this point a miracle occurred! REALLY. I'll go into more detail concerning this and my new-found faith at some future point. Suffice to say that I obtained permission to Appeal the Judgment of Gray and shortly after that, as a direct result, had the Bankruptcy Petition Set Aside with an Order that PF pay my costs.

What happened was that when I visited the High Court to lodge my Appeal, I took the opportunity to visit the High Court Citizens Advice Bureau. I met a young solicitor, John da Silva, who was training to be an Advocate. He needed experience, whilst I sorely needed help, so he agreed to represent me at both Appeal and in the matter of my new Claim.

Unfortunately for me, I was in such a state that I couldn't cope with the pressure of running Pilgrim (the events of the previous couple of years had severely reduced its profitability and taken much of the fun out of it). I sold the whole concern to my factory manager in April 2002 for a small fraction of its worth.

Over the following months, due to Mr da Silva, in October 2002 DT won his Appeal in as much it was found that 'readers letters' were 'articles' in the agreement. It followed that PF had published those letters in Breach of Contract and my Claim was ammended to reflect that.

That sparked another Application by PF that DT must pay the £9,500 that was due under that same agreement. DT defends on the basis that PF had Breached THE SAME Contract. PF lost, and hearled abuse at the Judge. This exercise cost him about £10,000 in costs.

Before my new Claim came to Trial, in April 2003, PF retracted and apologized before Lord Justice Gray.

Did that draw a line under it. No!

PF had already published an article (in Breach of the Order of Judge Gray) bad mouthing KC. There was no way DT was going to start further legal action, so decided to fight fire with fire. DT published his retort, followed by Which Kit Exposed! The roller coaster began to roll in public (prior to then all DTs responses were behind closed doors), with the result that Fibly went bust 3 years later.

Please contact me with questions and/or requests as to where clarification or additional detail is most needed.

The following links narrate further aspects of this saga:-

Early History involving Fibly's dodgy business dealings and lack of knowledge and how it led to legal conflict with DT

The Howell issue presented as a story and how it became subject of a second Writ.

Monty Python Sketch the story of PF's involvement with the Python confidence trick.