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Please Help Me
Comments
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I got in from work today and there was a horrible envelope on the mat.
The 2nd letter from his solicitor is as follows:
Dear Ms xxxx
Thank you for your recent correspondence. We note what you say but we must confirm that Mr xxxx was of the understanding that this was a loan and indeed your intention to repay demonstrates that the £5000 (this was £2000 - how can he put it up £3000) was a loan. Therefore this amount is repayable. We note the various points of documentary evidence you supplied in your recent letter and although allowances have been made in the past for repayment we can not see any reference to the £5000 being a gift.
We do not wish to engage in a long path of correspondence with you. We therefore confirm that Mr xxxx will accept repayments of £100 per month in repayment of the £5000 loan to you. As you have previously stated to him the standing order has been set up (I sent documentary proof that showed the date and time it was set up) commencing on 24 February, we merely ask that the repayment amount is increased to £100 and subsequent payments of £100 are made on the 24th of each month thereafter
If the £100 is not received in the standing order dated February, we are instructed to proceed to issue County Court proceedings for the recovery of the same. We therefore urge you to increase payments to £100 per month to avoid further action in this matter. If this matter was to proceed to Court proceedings Mr xxxx will also pursue you in relation to solicitors’ costs, Court fee and interest due on the outstanding amount which we understand to date has been interest-free.
Yours faithfully
I have told them I can no way manage more than £25 a month and I did offer a copy of my SOA. They are choosing to ignore that.
I don't think I could manage court. He will just make me clam up and agree to anything he says. My ex husband did that and I walked away losing £220k of my own money (mine before I met him - and we were only married for 1 year) during the divorce. I had a breakdown over that and some of the stunts he pulled and can feel the old feelings coming back.
What am I going to do? I have been sick twice tonight and can't stop crying. How am I going to manage going to court.
Sorry for being stupid and panicing so much.0 -
Let it go to court. Court will need proof of the £5000, and there isn't any. Court will not order you to pay anything more than you can afford. No point in them ordering you to pay £100 per month if you can't afford it.My Debt Free Diary I owe:
July 16 £19700 Nov 16 £18002
Aug 16 £19519 Dec 16 £17708
Sep 16 £18780 Jan 17 £17082
Oct 16 £178730 -
MyLastFiver wrote: »Let it go to court. Court will need proof of the £5000, and there isn't any. Court will not order you to pay anything more than you can afford. No point in them ordering you to pay £100 per month if you can't afford it.0
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I think you should let it go to court, i know you are scared but everything is working in your favour. You have the proof of how much he lent you, you also have the emails and text messages that have been sent which is proof no repayment agreements were ever met.
Big hugs to you, that must have been a nasty letter to come back to. You could try reiterating the points you made in your original letter ie no agreement was ever made etc... but i personally think if you are more liekly to be successful if you allow it to go to court
Good luckBiggest Loser Weight Loss: 13 / 20 lb0 -
Whoa whoa - calm down. I can't see why you would have to be there; you could appoint a representative, such as a friend or a solicitor. You may be able to do it by post - dunno - take legal advice.
I'd be happy to go to court for you and stare the little !!!! down. Apart from anything I hate traffic wardens :rotfl:
Anyway it might not go to court. Draft a brief reply to the solicitor saying the sum their client is demanding is a complete fiction, and will be exposed as such in a court of law. Refer them to your previous letter and SOA. Say your offer of £x per month is unchanged.My Debt Free Diary I owe:
July 16 £19700 Nov 16 £18002
Aug 16 £19519 Dec 16 £17708
Sep 16 £18780 Jan 17 £17082
Oct 16 £178730 -
Sorry, I am just in a stupid panic and clutching at straws. I will call the company solicitors tomorrow and see what they say.
Thanks for your comments, I really appreciate it.0 -
I would also suggest picking a friend who can come to court with you and support you, don't do it alone hon, it will be easier to fight if you've got someone there in your corner, so to speak.
I'm sorry I can't offer any more advice than that. I really hope it works out for you and I'm sorry you had to come back to such a horrible letter as this. I'm no expert but if it goes to court and he was the one who started proceedings, surely he will be responsible for costs?
Good luck hon. Sending lots of virtual hugs your way xxxPROUD TO HAVE DEALT WITH MY DEBTS0 -
I know it is easier said than done but try not to panic too much. The worst case senario is that it will go to court, and if it does go to court i am sure it will work in your favour!! Keep your chin up and we're here if you need us!
xBiggest Loser Weight Loss: 13 / 20 lb0 -
Hi
Just read through your thread and really feel for you. On your original post you mentioned that he transferred the money into your account from his bank, so surely that will provide evidence of the amount that was loaned. Your bank will be able to verify where the money came from so unless he can evidence proof of additional amounts being given to you, then surely that will be the evidence to his solicitor of the amount loaned and not the £5k he is now claiming?
You are an inspiration - don't let him win!
BD0 -
I have just read this thread from the start, and just wanted to say how much support you have on here and try to be strong. I am exactly like you - my ex took me to court over custody - he was a bully and I lost over 2 1/2 stone with stress, almost had (????) a nervous breakdown and every time he rang our child all I could do was rock at the bottom of the stairs, BUT, he showed his colours in court, and doesn't even have access. Not a patch on your story, but I have my life back and you need to be brave and get your life back. Phone the legal team tomorrow and get advice - could they not come with you to court? Keep us informed how you get on, we are all wishing you the best!I'm not a failure if I don't make it, I'm a success because I :tried!0
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