SONS ex suing for return of "GIFT" anyone help with a defence? FG?

[bassking44]

MY sons ex is clalming back a motorbike she bought him as a present now they re finished she wants it back judge has extended time to enter defence until 18/10/10 so I need to get moving!

[callumsgran]

WTF? Its actually gone to court? Where Judge Judy?

 

Surely a gift is just that...........a GIFT?

 

Does he have any proof (photographic or otherwise) that she gave it to him?

 

Sorry i cant help further, i'm absolutely gobsmacked!

[2ltr16valve]

Think you need to give more details, as in how the gift was given.. if its on finance or paid for outright, whose name the bike is in etc etc etc

 

Also, Particulars of claim

[bassking44]

thanks for replying.yes shes golng to court(but only if he wont go back with her!) honest!shes already postponed twice my son didnt reply to any court papers he was to busy on and off with her then he ran out of time (I did tell him to put a defence in ) anyhow she applied to the court by application for a judgement becos of no defence submitted iv now applied for and got postponement so judge has ordered defence to be submitted by 18/10/10 claimant to reinstate case by 30/11/10 or be struck out. she paid for bike on her credit card and sent him a text saying he was now the owner the keeper document is in his name as is the contract of sale with the bike dealership I wil post up POC later but basically she just says shes the owner as she paid, no finance involvedl she has no evidence except credit card receipt she also claims he took bike away after split "wrongfully" but my son rang police to accompany him and after showing them the documents they said they thought he was the legal owner and let him take the bike away. I personally dont think shes got any chance but i still need a defence other wise she ll get a default judgement which I think is what she was trying for in the first place I will be glad for any help on thisBK44

[2ltr16valve]

thanks for replying.yes shes golng to court(but only if he wont go back with her!) honest!shes already postponed twice my son didnt reply to any court papers he was to busy on and off with her then he ran out of time (I did tell him to put a defence in ) anyhow she applied to the court by application for a judgement becos of no defence submitted iv now applied for and got postponement so judge has ordered defence to be submitted by 18/10/10 claimant to reinstate case by 30/11/10 or be struck out. she paid for bike on her credit card and sent him a text saying he was now the owner the keeper document is in his name as is the contract of sale with the bike dealership I wil post up POC later but basically she just says shes the owner as she paid, no finance involvedl she has no evidence except credit card receipt she also claims he took bike away after split "wrongfully" but my son rang police to accompany him and after showing them the documents they said they thought he was the legal owner and let him take the bike away. I personally dont think shes got any chance but i still need a defence other wise she ll get a default judgement which I think is what she was trying for in the first place I will be glad for any help on thisBK44

 

Does he have this text still ? Does he have any proof that she is using this as leaverage to get him back ? which is in effect blackmail and using the courts to enact it !

 

With the Sale agreement being in his name, V5 in his name as keeper etc.. she does not have a leg to stand on I do not think.

 

Submit proof of ownership in the form of the receipt, submit any evidence you have on the blackmail and the text if you have it

[bassking44]

thanks 2ltr no dont have copy of text phone providers say one can only have copies of texts that are sent from your phone not any you receive but she admits sending it i wrote to her solicitor about the text and they didnt deny sending it which i think is an admission in fact her sol claimed my son sent a reply asking if they were joint owners! (which he didnt) thats proof that her POC is wrong as she claims she is the sole owner! do i use the court docs to put in defence or do I need to put in a witness statement and include solicitors letters as exhibits?etc:!:bk

[bassking44]

anyone?

[bassking44]

IN THF COUNTY COURT

CLAIM NUMBER:

BETWEEN:

MISS

CLAIMANT

V

1’1Ip________________

DEFENDANT

PARTICULARS OF CLAIM

1. At all material times the Claimant was and is the owner of and entitled possession to a

Honda motorcycle (registration numbei_— 1f the value of £5,999.

2. On or about 2’ December 2009 at the

Defendant wrongfully took away the said motorcycle.

3. By letter to the Defendant dated 9 March 2010 t Claimant demanded the return of the

said motorcycle, but the Defendant refused ai sti1l refuses to return the same and still

wrongfully detains the same.

4. The value of the motorcycle at the time of purchase in February 2009 was £5,999.

5. The Claimant, in accordance with paragraph 8 of the Practice Direction on Protocols, offered to mediate with the Defendant to avoid court action. This was subsequently refused.

AND the Claimant claims:

i. The return of the said motorcycle; or

ii. Damages limited to £5,999 for its value

iii. Costs

heres POCS claimant relying on POC

[callumsgran]

I'd just give her the bike back if it was me, it's only worth probably half of that now or would be if you were to wrap it round a tree first lol

[bassking44]

too late to give it back now he sold it months ago ! if you read the POC shes claiming bike OR its value8-)

[bassking44]

Can anyone write me up a suitable defence on this one?:madgrin:bk

[bassking44]

would it be better to move this thread to a different site?

[cymruambyth]

Sorry I can't really help other than to say that surely the defence must be the proof of registered keeper equates to ownership with the bike being registered in your son's name. Does your son have evidence of the police visit to collect the bike? I'm not sure if this is correct but can you send a CPR 31.14 for documentary evidence of her ownership?

[42man]

I'm not an expert on this but....I would state that the item was given as a gift during their relationship. Was it a late xmas present or a birthday present at all (close to the dates ?). The claimant is denied any relief.

 

If it was all transferred into his name then she hasn't got a hope to be honest...have a look at this - http://www.lawiki.org/lawwiki/Imperfect_gift

[42man]

The Milroy v Lord principle

In milroy vlord 1862, Turner LJ set out the (only) three processes that equity would recognize as establishing a valid gift. These were:

1. An outright transfer of the legal title to the beneficiary
   
2. An outright transfer to trustees to hold on trust for the beneficiary
   
3. A self-declaration of trust
   

[bassking44]

hi guys thanks for your replies I was getting worried !! firstly registered keeper isnt proof of ownership, says so on dvla docs but no problem with that as bill of sale is in sons name and registered keeper Dont have any problem proving it was outright unconditional gift what I really need to know is how to present defence do I send in defence form dealing with each item of POC and attache each exhibit or do I send witness statement and exhibits? judge has allowed late defence after claimants application for default judgement and defendants application for postponement and late defence(granted) do I use original court papers or can I just put in a written witness statement accompanied by any exhibits? with copies to claimants sol? hope you can understand this! be so gratefull for any advice:-)bk

[bassking44]

anyone help? *claimant is denied any relief* what exactly does that mean?

Edited December 4, 2010 by bassking44

[Surfer01]

I she has put "thanks for replying.yes shes golng to court(but only if he wont go back with her!) honest!" in writing she has cooked her goose! Judge will not look on that very favourably as it is tantamount to blackmail! I don't think she will stand much chance in any court as it was a gift but a defence to that effect needs to be filed.

[bassking44]

HI surfer01 thanks for your reply yes a defence is now in just waiting on allocation etc so its wait and see at moment can you help with my previous post?

[42man]

It just a way of saying that the claimant can get knotted.

[bassking44]

thanks 42 man you re saying a gift is a gift is a gift? once made theres no going back? the claimant cant plead she didnt understand what she was doing or some other excuse? :-)bk

[42man]

It just seems common sense to me, somebody gives you a gift/present then it is just that.....otherwise we will see people claiming against each other for Christmas presents they gave to people and then fell out with them !! of course it can on occasions be down to a judge, but common sense should prevail here surely ?

[bassking44]

thanks IMO i think her sols are just trying to get him around a mediation table he has a lot to lose she has everything to gain even 50% would be a good result for her, considering she hasnt produced any evidence at all yet not even including herself to give evidence! according to her AQ.waiting to see what she does next after DJ allocates if she discontinues can we claim our costs? her sols have now asked for small claims court.:-)bk

[42man]

So have they restated the case ? as mentioned above by 30/11/10 ?? If not then first of all call the court to see if anything has been lodged there...

[bassking44]

dont know if they have *restated* case as I dont know what it means,does it mean reinstate?? all theyve sent is POC as post #8 back in august, and copy of AQ sent on 16/11/10 one week after 9/11/10 deadline court say they paid AQ fee so it looks like its still on, what happens next?