Dispute about a blank cheque given and now claiming back....Court cliam Help

[Andy01]

If I am in the wrong setion please direct to me the correct sec.

 

Hi Let me explain it here as I need help fast please.

 

So here we go I need some help regarding a owed payment made to me by my cousin in Feb 10 for £5000. He gave me a cheque but I requested him not to put my name but to leave it blank as I owed money to my friend. I gave that cheque to my friend and he deposit in his account. every one was happy.

Now I had a family dispute with my cousin and he asked me to give the money back although he owed me that money. I refused to give and he instead put a claim through court that he lent the money to my friend instead of me as he know that cheque was given to my friend. My friend doesn't even know him but today he's got court papers which He got 14 days to put the defence. I don't want my friend to have any problem as I gave him the cheque. I am the witness and that cheque was given by me but in court papers my cousin is claiming that he lent the money to my friend and wants it back with intreset.

 

I hope I am clear enough if any one can help me to fill the defence or guide me any which way rather than going to hire a solicitor.

All I want is to convince court that I gave my friend the cheque not My cousin.I have a witness when he gave me the cheque.

All the help is welcome.

Edited July 23, 2010 by Andy01

[Bookworm]

Your friend can return the forms ticking the forms saying he disputes the whole amount.

 

Then it falls to your cousin to show that the friend owes the money to him and he will fail, as he will have to explain how he came to lend money to your friend. Since they don't even know one another, that should prove interesting to see how he's going to work that one out.

 

Could you post the POC here, please? what possible reason did he give to sue?

[maroondevo52]

Thread moved to Legal Issues Forum.

[Bookworm]

Sorry, I should have also said that your cousin's claim will fail in essence because he is suing the wrong person.

 

The contractual relationship goes like this:

cousin -> you

you -> friend

 

if there is an argument between you and your cousin, then you're the one he should pursue. Your friend's defence is precisely that: he doesn't know your cousin, YOU paid him back the money you owed him, he doesn't understand why he got dragged into this. Quite rightly too.

[Andy01]

Thanks Bookworm

http://i698.photobucket.com/albums/vv342/Andy01/POC1.jpg

http://i698.photobucket.com/albums/vv342/Andy01/POC2.jpg

 

My cousin did find out from bank that cheque my friend. He can't take me to court due to family reason but instead he took my friend. I am prepared to go to court and witness that I gave the cheque to my friend.

 

This is the letter I asked my friend to write to his solicitor and today we got this POC>

 

I received your letter dated 25th June 2010 regarding the above reference, the contents of which are noted.

I have NO knowledge of receiving any payment from your client as you quoted in your letter. Your client never “lent” me any money at all. Above all I have neither spoke to your client nor made any agreement of retuning alleged “lent” money repayment.

Your client has got No business whatsoever with me.

So unless your client clarify with agreement evidence please do not write to me . Any more these kind of harassment/threatening letters I will take an appropriate action against your client.

Now I would respectfully suggest that please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any of my personal data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records.

I hope that I have made myself clear enough to you.

I look forward to hearing from you in writing.

[Bookworm]

Copy and paste your letter from Word on to Notepad, then copy from Notepad and paste here, it will remove the formatting. ;-)

 

Is the claim form actually sent from a solicitor, or was it issued though Northampton?

 

I really need to see what are the grounds for claiming. EDIT: sorry, with the wonky formatting, I missed the .jpegs, I'll have a look now.

[Andy01]

Yes you are right Bookworm

Cousin> Me

Me > friend

 

Cousin and friend don't know each other. he is suing as I said before he ifnd out that chq went to my friend's account.

 

So Is it possible for you to draft a letter so we can send it to the court. thanks in advance

[Andy01]

Ok I try to paste it again

Letter came from court and its in Dartford county court

 

Here we go this letter we wrote to solicitor

I received your letter dated 25th June 2010 regarding the above reference, the contents of which are noted.

I have NO knowledge of receiving any payment from your client as you quoted in your letter. Your client never “lent” me any money at all. Above all I have neither spoke to your client nor made any agreement of retuning alleged “lent” money repayment.

 

Your client has got No business whatsoever with me.

 

So unless your client clarify with agreement evidence please do not write to me . Any more these kind of harassment/threatening letters I will take an appropriate action against your client.

Now I would respectfully suggest that please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any of my personal data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records.

I hope that I have made myself clear enough to you.

I look forward to hearing from you in writing.

　

[Bookworm]

Please tell me you haven't sent this yet?

 

Has he acknowledged the claim? He MUST do so if not, or he will lose by default and will then have to get it set aside if he can!!!

 

He must tick the form saying "I dispute the total amount" and send it back to the court before the deadline.

 

After that, he will have another 2 weeks to send in his defence.

 

Defence, keep it VERY simple:

 

1 - Denied, the claimant is put to strict proof of the allegation.

 

2 - Denied, the claimant is put to strict proof of the allegation. It is admitted that a cheque for the sum was presented by defendant, it was however a cheque given to him by Mr XXX in payment for monies due to himself (Mr XXX will testify to his effect, as will Mr XXX, who witnessed the event. The Defendant doesn't know the claimant and has to his knowledge never had contact with him, and puts claimant to strict proof to show otherwise.

 

3 - Denied, and claimant is put to strict proof of the allegation. To the best of his knowledge, defendant has never met, spoken to or otherwise communicated with the claimant, and fails to understand why he is being named in this claim. Claimant has failed to identify under which area of the law he believes he has a contractual relationship with the defendant (which is denied in the event) and under which area of the law he believes to have redress (which is denied). Claimant's claim is totally without merit, has no basis in law or substance and it is respectfully suggested that his claim be dismissed forthwith, without wasting further the time of the Court.

 

I believe the facts stated , bla bla bla... date and sign.

 

Don't volunteer anything else, don't suppose why, don't suggest anything. it is up to THEM to prove their case and with you and other guy to testify that you were actually the recipient of the disputed money, I can't see it getting very far. ;-)

[Andy01]

No that letter we only wrote to the solicitor NOT to the court. That was the reply when he recieved the letter from solicitors asking for the money. POC we got it today and we still need to reply to the court.

[Andy01]

We have not send any acknowledgement to the court . I hope I make sence. I am stress out all day today. sorry if I am confusing you.

[Bookworm]

*phew*

 

Right, so as above then: tick box "I dispute all of the amount" or whatever it says on the form, then send it back, the court will then process it. You then have 4 weeks from date on the N1 to send in the defence to the courts. That should give the other side a nasty shock.

[Andy01]

Sorry to seem taking it slow another Q please?

Court send from N9B form to dispute and asked the reason. Is that the form we should be filling and all 3 of the paragraph above write on it too?

and when we should make statements and send to the court for my self and witness?

[Bookworm]

YES!

 

(sorry, posts crossed, ignore what I had written before!)

Edited July 23, 2010 by Bookworm
as above

[Andy01]

Big THANK YOU my friend GOD bless you.

 

 

If any more help I may need I will place it here please lookinto if future when you got time. Can't Thank you enough.

[Bookworm]

Yes. First fill in and send back the N9B. You can fill in the defence at the same time if you want, use another piece of paper to continue on, making sure you write the claim nos on it.

 

Your witness statements can come later, for now, you just need to acknowledge and return.

 

Your cousin is in for a nasty surprise, I think. As the amount including interest is above £5K, the courts may well decide to kick it out of small claims, at which point his legal costs are going to soar. Word of warning: if it goes out of SCC, the loser pays the winner's costs, so if that happens, you will be best advised to lawyer up properly. But we can cross that bridge when we come to it.

[Andy01]

I will be doing it on Moday just to send the acknowledge and N9B form.

 

I just like to prove that why he is lying to the court that he gave money to my friend. He still owes me quite amount of money instead he is trying to be clever.

 

So do we have to write a counter claim or leave it? and in No 2 paragraph where we have to write the witness name only or adresses too?

[Bookworm]

No, no counterclaim.

 

Not sure about the no2 para, check the guidance, please, it's been a while since I've had to fill one of them.

[Andy01]

In this paragraph bold section

 

2 - Denied, the claimant is put to strict proof of the allegation. It is admitted that a cheque for the sum was presented by defendant, it was however a cheque given to him by Mr XXX in payment for monies due to himself (Mr XXX will testify to his effect, as will Mr XXX, who witnessed the event. The Defendant doesn't know the claimant and has to his knowledge never had contact with him, and puts claimant to strict proof to show otherwise.

[Bookworm]

Oh, sorry!

 

Just names will do for now.

[Andy01]

Hi Bookworm

 

Can I testiyfy/witness and also represent my friend too? if it comes to going to court.

[Andy01]

defence is been lodged of friday lets hope they stop at this or we have to take the next step and I can do with help again.

[Bookworm]

Well, if his solicitor's any good, he will realise his client has been lying to him and will get him to discontinue, but there is no guarantee, of course.

[Andy01]

Thanks Bookworm please keep an eye on this thread as i can do with your help. I will keep upto date. God bless you.

[Andy01]

Hi Bookworm got the allocation Questionare needs to be fill and send to court by 23rd Aug.

1. Do we send the witness statements with AQ?

2. Do we need to send a copy to the otherside?

3. If so do we need tosend copy of the statements too?

If I missed anything can update me my next step please. Thanks