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Jasperj

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  1. I have asked my insurance company who should be coming back to me any time. Having talked to a solicitor this afternoon, who suggested the same and that I ask for an extension, worst case is that if the claimant won't agree to an extension, then I can put a defense in and change that defense if I need to in the next 28 days Once again thanks for everyone's help
  2. Thank you all for your help Does anyone know of a solicitor that has a background in this kind of issue, I've tried locally but without any joy
  3. Would I be correct in placing my defense something along the lines of " I am grateful for all of the assistance my in-laws have given us over the years Not denying any responsibility for loans given as loans x,y,z... are statute barred they therefore cannot be pursued in the courts There was at no time an end date discussed nor any written agreements for the expiration of any loans therefore they cannot suddenly claim I am in default and demand repayment and/or place a charge on my property " Jasper
  4. Andy Going by the dates that they state, would that mean that the majority of these loans are Statute Barred in any event as they have listed them as separate loans. I say this only to prevent them persuing them in the courts, to prevent this in the future and return to the original basis for repayment I suppose my argument being that surely without any written agreement surely they cannot just stamp their feet and demand full payment as they appear to be doing Jasper
  5. There does appear to have been some hostility I think brought about by my refusal to allow them to place a charge on my house... the reason they described was as a favor to me that if my building society decided to foreclose on my mortgage it would prevent them doing so... I do not believe that this would have been possible anyway as I guess that the building soc. have first charge on my property. In addition they had caused a lot of conflict via their daughter prior to her death that had the effect my family was prevented access to my children encouraged by my mother in law and they wish to retain some level of "control" over me and my actions going forwards. My in-laws loaned us money from wherever they deemed was the most suitable source for them at that time to be repaid as and when we had funds available to do so with no specific end dates Dates... I guess that these are the dates that they made payments to us as the one without a "to date" was one specific payment I do not recall interest being discussed by them at any time, however I do remember having a conversation with my wife where I said that when we did eventually repay I expected to pay them for loss of interest. There was never any end date discussed until this solicitor became involved after my wife's death I was aware that they were using credit cards, but understood they were moving from one interest free deal to another as they were freely available at the time I have every intention of making payments when my personal affairs allow me to do so Jasper
  6. Hi Andy Hopefully you can now see the uploads Jasper Particulars - redacted.pdf
  7. Hi Andy/shamrocker I have a redacted pdf copy of the particulars now... how do I attach the file to send you? regards jasper
  8. Between 2004 & 2012 I and my wife (deceased) borrowed various sums of money to discharge various liabilities including an alleged ccj (really a threat of) against myself and my father (joint and several liabilities) for which they have supplied a separate document that states this was to prevent me receiving a ccj, money for a car loan taken out on our behalf and to assist in some building work They are claiming interest Whilst my wife was alive and without my knowledge some repayments were made to the general loans plus I was aware of payments towards the car loan and they have itemised each loan separately. They also highlight that I had continued to make payments for the car until oct 2015, after which I fell ill and had a stroke which I was told was most likely due to continued stress and exhaustion due to lack of sleep worrying. " The Claimants seek full reimbursement of all interest incurred by them and to compensate them for the loss of interest on monies loaned to us at the rate shown on their loan breakdown until December 2015. They are then claiming statutory interest on the outstanding balance pursuant to section 69 county courts act 1984 on the basis the defendant is in default of the agreement to repay..." The claimants claim sum of £xx,xxx thousand The claimants claim statutary interest in addition My side my thoughts are I have not denied any loan was made There was no formal repayment agreement, only that repayments would be made when we were in a position to do so I am not in default as there was no formal loan agreement to default upon Does Statute barring apply in this instance as all but three (of 12) of the loans listed show as no activity since 2010, one of which is the car. As far as I am concerned the repayments will be made as and when I am able to do so, but currently I am out of work and since my wife died I have regularly been below half of that when she was alive, so therefore I am unable to make any comitment
  9. Hi Shamrocker Sorry I missed your post before... parent duties to attend to... How do you want the particulars of the claim...? I can scan them no problem and obviously redact all id... is that ok or too much
  10. Hi Shamrocker They have already issued court proceeding and I have to admit to sticking my head in the sand a little as I feel pretty depressed about the whole situation, it has had the two week extension that will expire on Wednesday. However I do need to reply to the court whether directly or via a solicitor asap
  11. Ideally I am looking for a suitable company for representing me, I have to reply to the court by Wednesday My inlaws loaned my wife and myself several large sums of money over a period in the noughties largely to assist us when clients did not pay their bills to us None of these loans have any written documentation attached regarding amount, term or repayment The only verbal agreements were that they would be repaid as and when we were in a position to be able to do so My wife looked after all of our financial affairs as I worked ridiculous hours, often away from home, to try to resolve our situation. Sadly my wife passed away in 2014 after a medical mishap that is currently the subject of a legal investigation Prior to this my understanding was that the only repayments to my inlaws were in respect of a car loan that was taken out on our behalf, although they have claimed verbally that other repayments have been made Since my wife's passing my in laws have pursued me to place a charge on mine and my children's home that I have refused. I have since received 3 solicitors letters relating to these loans over the last few months culminating in a county court claim They claim repayment on the entire loan amount plus interest at 8% per annum on the basis they claim that I am in default. I do not understand how I can be in default as for one there is no repayment schedule and I have at no time been in a position to make a repayment, my wife would have done so previously when our household income was considerably more (at least double and occasionally three fold when I didn't have to consider the day to day needs of my children) than recently when in April my regular payments ceased, I am currently without income and seeking benefits... Other than the car loan which they itemise separately no repayments have been made to my knowledge, does that mean that this mean, excepting the car loan, they are statute barred in any event to prevent this raising its head again. Any recommendations would be really appreciated I don't believe that they have a case as on the basis there is no written agreement for repayment so how could I be in default but I do not know any case law to refute their claim Not that I want to pursue this route but where is my wife's responsibility to repay these loans. I have never disputed that some loans were made to us as if and when the opportunity arises I would like to make repayments I do not expect there to be any future relationship between myself and my former in-laws therefore that is not a consideration
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