Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #21
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    Default Re: DQ for Money given as inheritance - now saying itís a loan, please help

    Yes after the mortgageicon company take what theyíre owed (if anything).


  2. #22
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    Default Re: DQ for Money given as inheritance - now saying itís a loan, please help

    well as long as the house is not in joint names
    else it'll simply be a restriction unless they cite both joint owners surely?

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  3. #23
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    Default Re: DQ for Money given as inheritance - now saying itís a loan, please help

    Quote Originally Posted by Skinnyminniex View Post
    Thank you, I have just sent the completed n181 forms off ,

    I put myself as a witness and my ex partner,

    I didn’t submit any directions.

    The court claim is against me and my ex partner but I have no idea of his intentions,

    this is all for him anyway his parents are only doing this so he gets the lions share of the equity
    they ultimately want an attachment on the house which whenever it’s sold and has to be paid back they will just give straight to him because the money was never a loan it was a gift to him but like I say they didn’t trust him with money so paid for an extension on the house instead
    So his name and yours are named as joint defendants on the court claim N1?

    We could do with some help from you

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  4. #24
    Basic Account Holder Haunter Novitiate



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    Default Re: DQ for Money given as inheritance - now saying itís a loan, please help

    It is quite clear from what you have posted here, that your ex-partner and his parents (the mother and father-in-law) are committing a fraud against you, and the parents are deceiving and misleading the court as to the factual position before it!

    Your ex-partner is jointly liable for his parents’ claim!

    It may well be the case that that ‘piece of A4 paper’ does contain your signature, however, all is not lost, because the court must take into account all the facts and circumstances of the case, and it will become clear to the court that the parents have gone back on their promise to pay for the extension to your former family home, which they agreed to pay for as they had given their other children (your ex-partner’s siblings) £50k each, and that they are only pursuing you for this claimed debt because the builder failed to do all the works and what he did do was poor, and because you have managed to break-away from their abusive son.

    The facts you have set out here show that there is an issue estoppelicon against the parents’ claim and that their son deceived you into signing that ‘agreement’ to repay the money the parents spent on the extension.

    The parents’ claim is vexatious, it is deceitful and misleading, and by their dishonesty they are abusing the process to obtain a judgment against you, and this does, in fact, constitute a conspiracy by the parents and your ex-partner to defraud you and cause damage and loss to you by unlawful means.

    In your case posted here, the parents and the ex-partner are not coming to court ‘with clean hands’.

    There is a principle of law known as the illegality principle, and what this means is that the courts will not lend assistance to anyone who founds their case on fraud, dishonesty, deceit etc. etc.

    The parents’ case, to which the ex-partner is collaborating in concert with them, is found on fraud, deceit and dishonesty.

    The illegality principle – the law


    The rule stated by Lord Mansfield CJ in Holman v Johnson (1775) 1 Cowp 341, 343, is a rule of public policy that;

    “The principle of public policy is this; ex dolo malo non oritur actio ["no action arises from deceit"]. No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act. If, from the plaintiff's own standing or otherwise, the cause of action appears to arise ex turpi causa ["from an immoral cause"], or the transgression of a positive law of this country, there the court says he has no right to be assisted.”

    Judgments and orders obtained by fraud/dishonest means – the law

    In Lazarus Estates Ltd v Beasley [1956] 1 QB 702, 712, the court held:

    "No court in this land will allow a person to keep an advantage which he has obtained by fraud. No judgment of a court, no order of a Minister, can be allowed to stand if it has been obtained by fraud. Fraud unravels everything. The court is careful not to find fraud unless it is distinctly pleaded and proved; but once it is proved, it vitiates judgments, contracts and all transactions whatsoever…"

    This jurisdiction has existed since at least 1775: Duchess of Kingston's Case (1776) 2 Smith's LC, 13th ed, 644, 646, 651, 168 EngR 175.

    The parents, in conspiracy with the ex-partner, are attempting to obtain a judgment and order against you by means of fraud!

    Both of the above principles are fully engaged in the circumstances to your case.
    And by means of fraud in the inducement, the ex-partner has deceived you into signing an ‘agreement’ which releases the parents’ legal obligation to keep their promise to pay for the extension.

    The principle promissory estoppelicon is fully engaged in the circumstances to your case.

    I would strongly suggest you name the builder as a witness in your DQ!

    Once all parties have filed and served their DQ’s, the court will hold a case management conference hearing, and at this hearing the court will hand down its directions to the parties, these directions (which will be set out in the court’s order) will tell the parties what they are to do next, the directions will tell you and the other parties, among other things, to give disclosure of evidence by a set date and time, and exchange of witness statements by a set date and time, all directions in the order must be complied with and on time!

    The directions on disclosure will most likely be by standard disclosure by list, this means the parties must set out in a list all the documents they rely upon as their evidence. The disclosure list must include a disclosure statement and be verified by a statement of truth.

    The format for a disclosure statement that must be at the start of your disclosure list is as follows:

    “I, the above named defendant state that I have carried out a reasonable and proportionate search to locate all the documents which I am required to disclose under the order made by the court on [date] day of [month] 2017.” (or in your case the year might be 2018)

    The format for a disclosure statement that must be at the end of your disclosure list is as follows:

    “I certify that I understand the duty of disclosure and to the best of my knowledge I have carried out that duty. I certify that the list above is a complete list of all documents which are or have been in my control and which I am obligated under the said order to disclose.”

    Disclosure is controlled by Civil Procedureicon Rules (CPR) Part 31 and Practice Direction 31.

    In particular, I would suggest you read these rules: CPR r.31.6, CPR r.31.10, CPR r.31.11, CPR r.31.14, CPR r.31.15, CPR r.31.21, CPR r.31.23, and also read the Practice Direction paragraphs that supplement these rules.

    Lots of bedtime reading for you then!

    I am quite confident that, based upon the facts you have posted here, you can defeat this claim.

    You are doing extremely well so far!

    Anything else you would like to know, or, need any help and assistance with, then please don’t hesitate to ask and post your questions here on your post please, this will ensure you receive the maximum help from everyone who is willing and able to help you.

    We all face challenges throughout our lives, some face more challenges than others, we all need a little help from time to time from our neighbours, so try not to worry too much as you will not be alone in this challenge that has been forced upon you, I, am I am certain that others too, will ‘hold your hand’ all the way and help you to overcome this challenge.

    Haunter


  5. #25
    Basic Account Holder Skinnyminniex Novitiate



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    Default Re: DQ for Money given as inheritance - now saying itís a loan, please help

    Thank you so much! I have already posted it off at 4pm 15/11 and really wish I had put the builder down now but hey ho.
    , but this is still of immense help to me, lots of reading to do,
    Thank you so much again! I have hope 😊 x



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