DQ for Money given as inheritance - now saying it’s a loan, please help

[Skinnyminniex]

Hello,

can anyone help me to fill in this directions questionnaire, it is a long story I have to tell.

 

Myself and My Partner were living in a two bedroom bungalow that we purchased in 2006

we have 3 children now and the bungalow was too small but we couldn’t afford to move,

 

his parents (who at the time were giving £50k to my partners brother and sister) said they would pay for an extension to our bungalow to the same value (because they didn’t trust him with money)

 

this was great

my partners dad instructed a builder (sorry trying to make this as short as possible)

who built the extension (started April 2016 finished July 2016)

 

I had no say in who was contracted to build

I did have a say in the kitchen as long as I kept it below a certain figure and the bathroom,

the builder was a shoddy worker in my opinion,

told us we had to move out for a couple of days while he knocked through

 

meanwhile 3 months later and still living at my parents while the builder (a friend of my partners dad) a man in his very late 50s and one other person was coming to my house at 9 am and leaving at 2

 

I left for work and to drop kids at school at 8:30 and came home around 2:30

there was no chance to speak to the builder

I even took a day off work just so I could catch him to talk to

(he was working on the roof and left my house exposed and the rain had poured into my kitchen hallway loft which I still had all my property in which got ruined)

 

when I finally got to talking to him to ask why he left the house exposed

why we were supposed to be moved out only for a few days

and why it had turned into months

he simply replied I am not working for you.

 

My partners dad was not much help either

he only used to come to give the man his cheques

to which I didn’t even know how much was being paid out,

 

eventually his dad realised he was being taken for a ride

had an argument with the builder

the work was botch finished and that was that.

 

My partner then asked me in around November 2016 could I sign this piece of paper as my dad has spent so much on the house ,

it’s to do with tax ,

he said,

so I did.

 

Around December 2016 I was aware my father in law was pursuing the builder for shoddy unfinished work through a solicitor

(the building work cannot be signed off until further works are finished which the builder has just ignored requests to come back and do)

 

March 2017 I left the home with my 3 children after suffering domestic abuse I moved in with my mum and dad,

 

on the 31st March I received a solicitor letter from mum and dad in law saying I owe them £47k.

Before extension my bungalow worth £130k

 

Then on 14th April another letter showing a loan agreement I had supposed to have signed on the 2nd April 2016 and with a valuation of my Home (£145k) and offering to buy me out for £5000.

 

I was flabbergasted

I could not afford legal help

I just didn’t reply,

 

in August 2017 I received another letter informing me they intend to go to court to recoup this money

(all the while their son is living in the house and has changed the locks)

 

i received the court papers and filed a defence but I’m just stuck now,

I have this questionnaire to fill in by 16th November ,

 

I’m just annoyed that my house was worth £130k before works took place

ive spent 11 years of my life paying my mortgage

 

had the work not been done to sell it and split the interest

I would have been looking at around £28k to walk away with,

it’s had £47k spent on it and now it’s only worth £145k

 

I know the money was really for him and they can have it back for him (which is why they are doing it)

but the fact they controlled the whole thing

(we have a builder living next door and the build should have only come to £35k had we had any say)

 

it just annoys me they are calling it a loan when it wasn’t at all,

surely if it was a loan discussion about repayment would have taken place, time scales etc

the fact they only asked me for the repayment not both of us

and the works have not been worth it

and eaten into the interest already built up in the property.

 

I am now in rented house with my children who’s father has not paid one penny towards since I left

has not seen them since July

 

I contacted child maintenance

he has denied paternity of two of them

(just to get out of paying, although he thought, he is obviously the father and the results have showed that so he is supposed to make payments now but hasn’t because he has put a change of circumstances in with the cms but he still has to pay

(I am still waiting though, I won’t hold my breath)

just trying to paint a picture of the people I’m dealing with)

 

meanwhile I’m working two jobs just to try to provide my children with some sort of nicer life.

the best thing about this is being free, now , we are all so much happier.

 

To be fair they are going to get the attachment on the house which is what they are going to court for to ensure their sons interests because money talks

I can’t afford a solicitor to help me

 

I want to fight it all the way the best I can because it wasn’t a loan it was a gift.

 

The “loan agreement” which I am supposed to have signed is an a4 piece of paper with this sentence on it

 

“ we hereby loan the sum of £50k ( fifty thousand pounds) to (my partner name) and (my name) of (my address.)

The loan is subject to an interest of 0% and is repayable on demand.

Then my signature his signature and both parents signature

 

I didn’t sign this

I signed something in November 2016

not on this dated 2nd April

I was even at work that day.

 

Has anyone got any advice what so ever?

Please xx

[dx100uk]

I assume you have a directions questionnaire for which you must serve your witness statement by x date 14 days before the impending hearing?

 

so what did you put in your defence please?

 

did you request any documents out of the claimant by way of say CPR or in your defence?

 

your last sentence seems the killer here...

 

I didn’t sign this

I signed something in November 2016

not on this dated 2nd April

I was even at work that day.

 

prove that part and you should be home dry, its obviously a fraudulent document signed on a date you could not have

 

moved to general legal forum

[Skinnyminniex]

Hello, thank you for your reply.

 

My defence simply said,

I did not sign this document ,

I was at work that day,

there was never any indication of a loan it was a gift.

 

I did not request any documents,

I didn’t know I could,

I have only just found this forum

, I wish I had found it earlier,

I’m sorry I don’t know what CPR is.

 

The other day I received a copy of their questionnaire through the post and in it there was a time line of events when things have to be in by and in brackets next to them should be dates but they are blank.

 

In this questionnaire they have instructed a handwriting expert to verify my signature.

 

How can I prove I was at work that day?

Could I ask for my clock card.

Do you think I could ask for more time also?

Thank you

 

Sorry I don’t seem to have a date for the hearing but the directions questionnaire needs completing by 16 th November and it has things like witnesses on it, so would this be used in court?

 

I was going to put myself down as a witness,

as I said I have received a copy of there’s and my ex father in law is one and the builder is the other

 

which I can’t understand because before I left they were definitely pursuing him,

I can only think they have said they will drop whatever they are pursuing him for if he will help them it’s all very nasty and devious.

 

I thought as well with them having regular access to a solicitor and having the available funds if it was a loan originally why not get the solicitor to draw something official up at the time as they thought nothing of sending (what felt at the time like bombarding me) with letters from the solicitor at what £150-£200 a letter.

[Sparks_]

I am wondering how can they be chasing the daughter in law for the whole amount and nothing from the son?

[Skinnyminniex]

Originally the letters and demands were addressed only to me

 

Since I mentioned this to them and since the court action it has been in both names

 

It’s just a formality they are not pursuing their son really

they are protecting his interests in the house and with the money that was really meant for him

 

it has been spent on the house

they are trying to get an attachment on the house for the “loan” amount.

[Ganymede]

I assume you have a directions questionnaire for which you must serve your witness statement by x date 14 days before the impending hearing?

 

so what did you put in your defence please?

 

did you request any documents out of the claimant by way of say CPR or in your defence?

 

your last sentence seems the killer here...

 

I didn’t sign this

I signed something in November 2016

not on this dated 2nd April

I was even at work that day.

 

prove that part and you should be home dry, its obviously a fraudulent document signed on a date you could not have

 

moved to general legal forum

 

This will be a Fast Track matter, not a small claim, so the Directions won't be the same.

 

There will be Disclosure Lists, handwriting experts report (presumably) and PTC filed before a hearing date is listed.

[ericsbrother]

have you started divorce proceedings yet?

If not kick off with that and ask for an order for the property to be made over to you until the children have finished their education.

 

It will certainly take the sting out of this claim and it is likely to fail anyway as your estranged spouse is equally liable

if you dont earn enough he will have to pay the lot back anyway.

That makes the claim defective

 

As you say, they are just trying to bully you.

 

Find a lawyer who can work on a contingency fee basis

and let the outlaws know you are doing this

and costs are likely to run into thousands and they will have to pay them when they lose

[ericsbrother]

also, even if you did sign the document the claim would have to be against you and hubby jointly so if you have no means to pay he would be obliged to.

That would take the wind out of their sails,

dropping their son with a CCJ instead of you.

[SuperVillain]

This will be a Fast Track matter, not a small claim, so the Directions won't be the same.

 

There will be Disclosure Lists, handwriting experts report (presumably) and PTC filed before a hearing date is listed.

 

Surely Multi-track right, at £47k? Possibly cost budgeting and an allocation hearing in addition to all you've mentioned.

 

OP - what does your Notice of Proposed Allocation say - is it Proposed allocation to the fast track or the Multi Track?

 

Either way, you'll have to file at court and send to the other side from N181 and some draft directions (these sound like what you've received from the other side as the dates are blank).

 

Did you also get a spreadsheet with "Precedent H" written at the top? It will have lots of money amounts in boxes with labels like "statements of case", "disclosure" etc with a grand total at the bottom...

 

Also, and most importantly, what is the date this all has to be sent to Court?? EDIT - I see above it's in 2 days time - 16/11...

[Ganymede]

No not Multi Track and Costs Budgets don't apply to Litigants in Person.

[SuperVillain]

Why not MT if it’s a money claim over £25k?

 

And yes as LiP OP won’t have to file a prec h but solicitors are on the other side so they should have sent her one (if it’s proposed allocation to the multi track).

[Skinnyminniex]

Hello thank you for the reply’s, I’m sorry I’m not really understanding anything it is a fast track case which I have no idea what that means so do I have to give some draft directions like I have received from them? I have no idea where to start I have written a statement a to submit and that is it

[SuperVillain]

Hello thank you for the reply’s, I’m sorry I’m not really understanding anything it is a fast track case which I have no idea what that means so do I have to give some draft directions like I have received from them? I have no idea where to start I have written a statement a to submit and that is it

 

Ok please don’t panic, you still have today and tomorrow to do this and it can be sent to court by email.

 

Have you completed a directions questionnaire? It’s the same form that they sent you where they talked about a handwriting expert? It’s court form N181 and it can be downloaded from the ministry of justice website I believe.

 

The draft directions are essentially a timetable for how the case will progress. Both sides submit their draft directions and if they aren’t agreed, the court decide how best to set the timetable.

 

A fast track case can be broken down into these steps:

 

Disclosure - this is each side telling the other what documents they have relevant to the case.

 

Witness statements - this is the primary evidence of each witness - from your perspective it is telling the story of what happened in a concise way, relevant to the issues in dispute and bolstering what you put in your defence.

 

Experts reports - the opportunity for the parties to serve expert witness reports (eg the handwriting expert) and the other party can sometimes ask written questions of the expert.

 

Schedules of loss - the claimant can file an updated list of the losses they’re claiming and the defendant has a chance to file an opposing list.

 

Pre trial checklists - another court form that allows the court to establish information to allow them to determine the date of the hearing and how long it should be (although sometimes the court will just set a date based on the info they have)

 

The trial

 

- so the idea of your draft directions is to try and establish dates and timescales for the above that you would be comfortable with.

[Skinnyminniex]

Thank you for that! The break down of steps is a huge help.

 

I don’t have any witness statements because there isn’t any do I just put myself down?

 

The same with expert reports the handwriting specialist they have should be suffice.

 

They are claiming half of the expenses of the handwriting expert.

 

Does the ex partner have to file something I don’t know where he stands in all this,

 

what happens if he didn’t defend the claim?

[SuperVillain]

OK, you need to put yourself down - in order to give evidence in person that witness should submit a witness statement.

 

You said you were at work when they allege that you signed the 'loan agreement' - would anyone from work be a witness to that fact?

 

I'd be inclined to put your ex as a witness - primarily because of this - "My partner then asked me in around November 2016 could I sign this piece of paper as my dad has spent so much on the house.

it’s to do with tax ,

he said,

so I did."

 

Unlikely that he'll co-operate by submitting a witness statement however his name on there may cause some concern for the other side. Do you remember what was written on the paper you signed in November 2016?

 

If any witness is not on the form it isn't fatal however it is best to detail on there anyone who may assist your case.

 

Have you any issues with other parts of the N181 form?

 

With regards to the draft directions, feel free to use theirs as a guide. Look for anything on there that jumps out as being incorrect, unrealistic or unfair, e.g. they might give themselves permission to rely on the handwriting expert, but not give you any opportunity to raise written questions to that expert OR they suggest a 3 day trial (which would be excessive).

[Skinnyminniex]

Thank you very much for your help,

Do I have to submit a draft directions? Can I not just fill the directions questionnaire in ?

When they say on their draft directions “ unless the parties agree in writing or the court orders otherwise , the fees and expenses of the expert shall be paid to her by the parties equally.”

Does this mean i have to pay her because I simply can’t afford it

[AndyOrch]

Yes you should complete the N181 and make sure its filed and served by the dates stated.

 

Use the claimants as a guide to completion......except for witnesses ...you state yourself.

 

Its not vital for the defendant to submit directions...if you agree with the claimants and do not wish to amend or add anything...then the court will use the claimants...assuming you are in agreement.

 

Is the court claim in your name only ?

 

 

Andy

[Skinnyminniex]

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

[dx100uk]

you keep saying attachment?

you mean Charging Order

[Skinnyminniex]

Is it not the same thing?

Ultimately if they get an order when we sell they get their money?

[SuperVillain]

Yes after the mortgage company take what they’re owed (if anything).

[dx100uk]

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?

[AndyOrch]

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?

[Haunter]

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 estoppel 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 estoppel 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 Procedure 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

[Skinnyminniex]

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