county court claim - help?

[PrettyPaula]

My partner split up with his ex over a year ago now and ever since that time she has been asking him (demanding!) £1300 which is the amount of money she spent on a holiday for them both during their relationship.

 

She did not get any agreement from him that this was a loan, the money was not put into his accounts and was simply one of those things you do whilst together.

 

They werent married, did live together although she did not contribute toward living costs at all.

 

After 3 threatening letters from her father regarding it and a simple NO from him and me she has filed a small claim online for the amount owed,

 

so far we have

 

1) acknowledged service

2) submitted defense

3) submitted acknowledgement with witness details and dates he cannot attend court to our local court

 

the last thing was submitted about 6 weeks ago and he hasnt heard a thing since, she has gone travelling for 6 months (we know through a friend)

 

i have spoken to solicitor or two regarding this and they think its laughable. She has not a leg to stand on in court.

 

 

I think this to, although i have no legal training (i was a legal secretary for 3 years though!)

 

Basically he is slightly concerned as he has a job at a bank which involves regular credit checks for CCJS etc... if he were to get one his job would be jeopardised, she knows this entirely and its part of the reason why she has done it no doubt.

 

she is a silly 19 year old girl with sour grapes.

 

Neither of us have any idea what may happen next or indeed what may happen in court... i just wondered if anyone knew what may happen

 

just to let you know also, we submitted incident #s from the police regarding the harassment from both her and her father, she in fact stated on the internet that her Dad was owed a favour and would "sort him out".

 

(how childish!!)

 

so any advice or comments would be appreciated!

[Michael Browne]

See identical post here:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/139024-county-court-case.html

[gravitas]

Did you make a counter claim for harrassment?

[PrettyPaula]

We made a case for harassment with the police who have warned both her and her father.

 

the solicitor i spoke to told me we should not put a counter claim forward as this often antagonises the judge.

 

do you think we should?

[PrettyPaula]

also we have contacted the court last week, as yet no hearing date or update for us.

[PrettyPaula]

some legal help with this would be great please. is there any act we can prepare for the judge with?

[pt2537]

Hi there

 

To be honest, i really cant see that she has much of a leg to stand upon;)

 

i mean what grounds is she bringing this claim on? a contractual agreement to repay the monies? yeah well good luck to her proving on the balance of probabilities that your OH had a agreement to repay her the money.

 

what was the grounds for bringing the claim on the claim form?

 

and did you file a defence at all?

[PrettyPaula]

there is and was NO contractual agreement, as far as my legal advice goes as they were living together finances become merged in the eyes of the law? would you agree?

 

her particulars of claim were:

 

i am claiming for the remaining £1300 from original £1850 that i lent to XXX during our relationship from 05/03/04 to 17/03/07. there is a lie right there, mine and fiances anniversary is 13.3! On our break up we both agreed that we would deduct the amount of £200, in return i kept the computer. he agreed to re-pay the full amount (£1650) and we discussed a payment plan. i have recieved 3 payments totalling £350 (bank statements available) which leaves a remaining £1300 to pay. My father has contacted XXXX via text message and letter formally (which i have copies of) So do we love! asking for a payment plan to be arranged but XXXx never committed to putting into action. I was then contacted by XXX's fiance dated 30/08/07 stating they would pay me in full or at least the £1000 in the next few days. Since then i have recieved a letter dated 22/09/08 incorrect date here! bravo! refusing to pay.

 

the defence we submitted was as follows:

 

I completely and entirely dispute the claim made against me by Miss XXX. Theamount of money (£1300) that she is referring to is the amount that a holiday wetook together to Tunisia in 2006 cost. Miss XXX did pay for this holiday, and it wasduring this time that we were cohabiting at XXXX Cres, XXXX. Whilstcohabiting our finances were mutually merged and i was earning considerably morethan Miss XXX. As we were in a relationship and living together, i saw no issue withcombining our finances when both paying monthly bills, and also events such as thisholiday.Whilst living together Miss XXX did pay a couple of payments toward my car financewhich i happily returned to her upon our seperation to ensure that no question beraised over the ownership of said vehicle. This amount accounts for the paymentsmade in 2007 to Miss XXX directly into her bank account, and also the computer shekept. Sadly, i have had to contact the Police a number of times since our seperation dueto harassment and threats made both by Miss XXX and her father, XXXX. Theseincident numbers and details are available if needed.Myself and my fiance have felt repeatedly harassed and threatened by Miss XXX andher family and as such after taking legal counsel and Police advice we were madeaware that this payment she demanded was NOT necessary and attempting to obtainmoney by menace was a very serious crime. I advised miss XXX and her father by letter of this knowledge in September 2007. Ihave copies of this letter and the letters recieved from Mr XXX.Having consulted my Solicitor again, i have been assured that this claim is entirelyridiculous and i should dispute it to the fullest extent that i am able to, hence mystatement. would you like to read the letter we hand delivered to her in sept? Im pretty certain any judge will laugh at her claims

[pt2537]

Hiya PP

 

Well, i cant see it being too much trouble to argue that case in court

 

does the sums paid into her bank account mirror the exact amounts of the car repayments? if it does its even better for you but if it doesn't then no real worries

 

have you drafted your witness statements yet?

 

Regards paul

[PrettyPaula]

i reckon pretty much as it was the 128 payment plus late fees x 4 on the car... this girls family (father known criminal) put us under so much duress, she publically insulted me and attacked fiance, our car was mysteriously broken into numerous times nothing ever stolen etc etc

 

we had to move eventually, the court has his parents address for him for our own safety

 

we havent drafted witness statements. we said one witness which would be me.

 

we called court last week and as yet no dates or developments? how long does it usually take.. we gave forms to notts court in march!

 

any more help would be greatly appreciated..

[PrettyPaula]

also here is letter we sent to her, hand delivered to her and her father.

 

 

 

 

Re: Letter received 20th September 2007

 

 

I am writing to you with regards to the afore mentioned letter delivered to my work address this week. There are a number of things I feel I must advise you of regarding the debt that you state is outstanding.

 

 

I have paid the money owing to XXXX that she paid to my car finance company, this was paid in instalments and also with the receipt of the PC. The remaining amount, which you state is £1300 (in fact it would work out to be £1200, I can only assume XXXX is not keeping any records) was in fact the amount XXXX used to pay for us to take a holiday to Tunisia last year. This was a gift to me during our relationship and I offered to pay at the time and she refused the money.

 

 

You have repeatedly mentioned my partner, Paula, she in fact has legal qualifications which I’m sure you were unaware of. The law in fact states that if you pay for an item as a gift during a relationship then you have no legal rights to claim that money back following a relationship breakdown.

 

 

I am also sure you are unaware of the fact that XXXX has been recorded in writing as making threats on your behalf to myself and Paula. I quote, “my Dads dealing with it, he is owed a favour and doesn’t need to get his hands dirty if you know what I mean”.

I feel it is appropriate at this time to make you aware that the Police have been informed of the above threats and have copies of the conversation.

 

 

Following legal advice I also must inform you that an attachment of earnings order is not enforceable within a small claims court, I have also been made quite aware that a Judge would simply laugh the claim out of Court as a total waste of time.

 

 

 

 

 

 

 

 

 

 

During the time XXXXX lived in my apartment she did not pay any bills, expenses or rent (please see attached invoice) I am sure you will agree that even taking into account the time I spent at your residence if I were to enforce this invoice it would in fact be myself who is owed money by your daughter. I am not (at this time) wanting to enforce this amount, as I understand that during relationships you choose to spend money on the other party AND THAT IS ENTIRELY AN INDIVIDUALS CHOICE TO DO SO.

 

 

She would also be liable to a class action law suit for Slander and Libellous comments against my partner and myself following her repeated comments made to my Family members and their partners in public places and also her conduct on the internet. Paula has been given copies of the said comments from www.myspace.com under their “cyber bullying” terms of service. Paula’s reaction to these comments in the form of the message to XXXX would not be considered slanderous, as these were private emails and not of the same nature as the public messages posted by XXXX.

 

 

I am also aware that XXXX was involved with other men during the last 12 months of our relationship AT LEAST. In a Court of law, whilst arguing the case for common law cohabiting this would be considered adultery, and therefore invalidate any claims for monies etc.

 

 

The most satisfying outcome from this would be for XXXX to move on, it has been more than six months and I feel this is completely unnecessary and simply due to hurt feelings. XXXX is well aware of my financial position, I am still attempting to get back on track after supporting her for more than 12 months. I would like nothing better than to sever contact with both yourself and XXXX once and for all, she may find it easier to move on if she stops contacting my friends and family who are getting very tired of her constant attempts to gain information about myself, Paula and our lives. I do not understand why XXXX feels the need to involve you in our relationship and subsequent issues following the breakdown of said relationship, she is classed legally as an adult and is as yet to behave in an adult manner regarding this.

 

 

I must inform you that my employer and the Police have stated that as you are NOT a customer of High st bank, and neither is XXXX, that I am within my rights to ask either of you to leave if you visit my work place again, this is in line with harassment laws, and also related to the charge of attempting to obtain money by means of menace. I feel this is entirely fair as XXXX feels it is necessary to stop Paula or myself from going to her place of work.

 

 

I find it distressing that it has come to this level and sincerely hope everybody involved can draw a line underneath this behaviour and move on.

I wish you both the best.

 

 

Yours Sincerely

 

 

 

 

 

 

XXXXXXXXXXXX

[gravitas]

Any more news yet? My ex gf is also starting to hint she is going to do a similar thing etc

[PrettyPaula]

nothing yet!! would appreciate pauls input!

[gravitas]

bump