landlords unsecured pers loan claimform - suing son as well as guarantors..

[bold]

hi, received the letter from the court saying that the claimant solicitor has filed the claim and served upon us, reply to your defence. this reply now forms part of the case and it is therefore important to understand the procedural impact, aswell as the contents to the reply of your defence.

CONTENT OF THE REPLY TO YOUR DEFENCE.

Main points made by the claimant as follows;

the claimant relies on verbal agreement between me and him;

the claimant stated he recorded the verbal agreement whereby you agreed to repay the monies owed to him by xyz. 1st defendant;.

claimant states the recording has been transcribed;

the claimant accepts there has been no assignment of the contract but relies on verbal and recording agreement;

procedural

the claimant solicitors now having filed a reply, means that the claimant believe that he has sufficient evidence persue the matter against you. the claimant has responded to the points raised your defence and countered them in order for the courts and all parties to have an understanding of their case.

the court has also issued an order both parties to make a representations at b..... court 18th of march.the hearing on this date , is to allow all parties and the courts to have an understanding of the case to hand.whereby courts shall issue further directions on how the case should proceed to final hearing. 

 

 

 

[BazzaS]

Still the case that if

a) you got no consideration for your offer to make payment, and

b) you didn’t make the offer as a deed (so in writing and meeting the requirements of a deed)

that the offer is unenforceable. You clarified these important issues higher up the thread.

 

The fact that the discussion might have been recorded doesn’t magically make it enforceable.

Does their reply address these issues (and did they feature in your reply)?.

If so, they are “willy waving”.

[bold]

thanks bazzas,  dont know about the issues . but will the court accept secret recording. shall i attend the meeting on the date mentioned.

[honeybee13]

Apologies if this isn't relevant, but do you think the recording is actually you? A transcript is one thing...

 

HB

[bold]

thats something i dont know it could be bluff. can i ask the court or the claimant solicitor to send me the voice recording.

[BazzaS]

The recording doesn’t matter.

if it exists, even if if shows what the claimant alleges: you still don’t have an enforceable contract. 

[bold]

just to confirm the claimant phoned my son in law to ask me if he would like to have a meeting to save further cost. shall i contact him?.

[bold]

any advice please thank you. 

[BazzaS]

Suggest he put any proposal in writing, given there is an ongoing court claim.

[bold]

ok thanks.

[bold]

just to update on for a meeting with the claimant,

the meeting didn't last long as the witness he states in his claim has denied he ever was present at the time when the verbal contract was agreed. [the claimant left within 10 minutes of start of the meeting].

 

the witness has clearly said he will not attend the court hearing, and willing to sign a letter saying he was not a witness.

 

shall i draught a letter and get this person to sign and take to the court hearing on the 18 march.

 

thank you.

[AndyOrch]

Have you now received a Notice of Allocation (N157) since submitting your DQ ?

[BazzaS]

6 hours ago, bold said:

just to update on for a meeting with the claimant,

the meeting didn't last long as the witness he states in his claim has denied he ever was present at the time when the verbal contract was agreed. [the claimant left within 10 minutes of start of the meeting].

 

the witness has clearly said he will not attend the court hearing, and willing to sign a letter saying he was not a witness.

 

shall i draught a letter and get this person to sign and take to the court hearing on the 18 march.

 

thank you.

what contract?

if you didn’t get “consideration”, there is no contract with you (as previously stated, with the proviso there is no “deed”).

 

There may be a contract with others (again, as previously advised).

If considering your lack of liability this should be your focus, not if there was or wasn’t a verbal discussion.

 

 

[bold]

thank you , but to make case a bit stronger and may be counter attack the claimant for  someone who wasnt even there. just thought.

answer to andyrotch yes i have received to attend the salford court for a mediation meeting.

[BazzaS]

Well, it is only advice.

”No consideration, no deed, so no contract” is about as strong as it gets.

 

its only advice : up to you if you take it.

Having offered it a number of times and you not saying why you aren’t happy with it : I’m out.

[bold]

am very very happy with the advice and help i have had. its just i want this guy to hurt him hard for what he has done to me for helping him. 

[AndyOrch]

Quote

yes i have received to attend the salford court for a mediation meeting.

 

  Mediation is conducted by telephone...teleconference....anyway I'm more interested in the courts directions stated within the N157 NOA.... not mediation.

 

Andy

[bold]

sorry. no i haven't received any papers other than the mediation from the court.

[AndyOrch]

So yet to receive the Notice of Allocation...and you sate you have to attend Salford Court CCMCC in person ?

[bold]

sorry but i dont quite understand by notice of allocation.

 

yes we received a letter from the court, we have to attend court in person,

whether this is a notice of allocation is something i dont know.

[dx100uk]

court form number at the bottom?

[AndyOrch]

Best get the letter then you can check what you have actually received ......

[bold]

hi, sorry if am in wrong place, my daughter wants to know if she can reverse the charging order on her property due to her husbands borrowing money from his landlord.

[AndyOrch]

  I think you are going to have to expand.....

 

Topic moved to General Legal Issues Forum.

 

Andy

[bold]

OK, it all started in 2016 when my sil borrowed the £20k to renovate the landlord premises he was renting for his businesses to improve the image,  unfortunately it didn't last long after spending the money and the business closed down.

 

sil agreed to pay back the loan with in 12 months. unfortunately he couldn't pay the money due to no work. then he took him to court but my sil did not go as he was scared and dint tell no one.

 

it was only highlighted when they got charging order on the property, they tried to appeal but it was declined as it was after 14 days. it was decided the court he had to pay £1000 a month, when he looked at the dept it was for £38000, after the query the claimant said it was for rent and utilities bills. 

 

he asked the court to reduced the payment and the court told them to contact the claimant and ask he can reduce the payments as it was decided in the hearing. after talking to the claimant he reduced the payment to £500 pm.

 

but he is still struggling to pay. both of them now worried of loosing home. looking back the landlord never said anything about bills which was £15000.[ he never gave him the lease at the time as it was word of mouth and trust].

 

also most interesting thing came up as the company closed in January 2017 and utilities bills were added on that company after january which was never paid but added on to my dept..

 

they have been advised to report to police for fraud. can they report this and what can they do to reverse the charging order. thank you.