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Please Help Me

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Comments

  • Mellika
    Mellika Posts: 506 Forumite
    :T ICAWSM you're doing so well !! Just read the first post and it's amazing how far you've come!
    I'll come over for support on the day if you'll let me!
    Your kids sound lovely, you must be so proud of them :T
    GC March Wk1 £28.72/£30 Wk2 £28.4/£29
    "Life is too short to float Coke cans..."
    Use it up, Wear it out, Make it do, or do without!
    :jSealed Pot Challenge Member No.644 (Mar4-Dec1):j
    100 Day Challenge: 13/100 (Mar4-Jun9)
  • Pollycat
    Pollycat Posts: 35,917 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Savvy Shopper!
    ICAWSM
    I just wanted to add my support, I don't really have any experience of the law but common sense tells me that you have right on your side.
    It sounds like you're fully organised in your defence of this claim.

    I really do hope that you're right in that his solicitors have advised him he's not got a leg to stand on but he's decided to go ahead anyway - he deserves to get laughed out of court at the very least.

    This just emphasised to me what a total !!!!!! this guy seems to be:
    The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 15/09/08 to 10/03/09 of £2250 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £3.45.

    I guess he's had his head up his !!! and doesn't realise there's a credit crunch.
  • In_Search_Of_Me
    In_Search_Of_Me Posts: 10,634 Forumite
    How you doing?
    Nerd no 109 Long haulers supporters DFW #1! Even in the darkest moments, love and hope are always possible.

  • Icanandwillsavemoney
    Icanandwillsavemoney Posts: 403 Forumite
    edited 7 April 2009 at 9:50AM
    Hi everyone, sorry I have not been around for a few weeks. Loads going on, DD was Baptised and then grandaughter was Christened and in between I have decorated half the house (keeping myself busy). I knew there was a reason I had kept all that paint in the shed!

    So feeling all refreshed after all of that, I filed my initial defence. I presume I now just wait for a court date and then file my full defence? - EDIT Just read through whole thread from start to finish and saw 10past6's comment ref full defence needs to be done 7 days before the hearing.

    I feel a bit nervous still but I am going to fight this and Mellika, your support on the day would be welcomed - this is very kind of you.

    Mellika - In answer to your comment about my kids, yes they are really lovely although number 1 son is about to drop a bombshell on me but he doesn't realise I already know!!! When will they ever learn that Mum's have intuition!!! And I am dreading it when it comes because he isn't going to get the reaction he is hoping for, much as I love him I can't support his bombshell...

    Once again, I can't thank you all enough for your support.
  • RAS
    RAS Posts: 36,093 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    great to hear from you. Do pm 10past6 for help putting up the defence if you need it.

    And make sure you claim legal and personal costs.

    I will not be surprised if he pulls out at the court door.
    If you've have not made a mistake, you've made nothing
  • RAS wrote: »
    great to hear from you. Do pm 10past6 for help putting up the defence if you need it.

    And make sure you claim legal and personal costs.

    I will not be surprised if he pulls out at the court door.
    Thanks RAS, I will. Just be glad when it's all over and I can lurch into another 'Eastenders' type crisis ha ha!!
  • RAS
    RAS Posts: 36,093 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hi

    Based on your previous posts, I think he has been told that he does not have a leg to stand on but he thinks that he can use the threat of court action to "persuade" you to give his gift priority repayment.

    Mind you he might be stupid enough to go through with it, in which case hammer him.

    You have your text log, your bank transactions, you have the letters from his solicitor and all sorts of unfounded threats.

    Remember you can take a friend who can speak to you, and actually it may be best. partly cos it is harder for him to freak your friend, partly because is shows you are not embaressed by the situation and partly because because the judge may just pick up that you are nervous because this guy has bullied you in the past.

    It is fair enough to say" Look i find this hard because i felt very disempowered (replace with your words) by this guy and I would have never let this situation occur if he had not forced me to take his money." And I would really like to get shot of him and everything to do with him but I cannot afford to.
    If you've have not made a mistake, you've made nothing
  • 10past6
    10past6 Posts: 4,962 Forumite
    RAS wrote: »
    And I would really like to get shot of him and everything to do with him but I cannot afford to.
    Do not allow your emotions to take over your defense.

    It's important you try and remain impartial and show no ill feelings towards him, as difficult as that may be, however, if you don't, the judge will pick up any anger / bitterness and may well think you're denying the claim out of bitterness / anger.

    Courts don't like becoming involved with emotional issues, therefore keep to the facts, it makes it easier for the judge to follow and make a decision ;)
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • Hi

    Long time no speak!

    My allocation questionaire needs to be with the court before close today. I have detailed how I intend to defend and have detailed and enclosed the documents I intend to use to prove my defence.

    Is there anything I should leave out and produce in the court hearing - I am not sure if he gets to see all of what I supply before hand?

    If not i shall walk over to the court at 2.30pm today and drop them in.

    Nearly at the end thank goodness then at least I know what I am dealing with and if I am honest i care not about ccj's etc, just want this finished and documented details of what to pay and when really.

    Thank you everyone for all your help and now fingers crossed time!
  • llamahead
    llamahead Posts: 324 Forumite
    Part of the Furniture Combo Breaker
    Hi - I just wanted to add my support and say that I think you are amazing! You are a totally different person than the one who first posted on this thread and you should be proud of yourself - NOW GO AND GET HIM!

    x x
    Mortgage = $277,000/$440,000 Started 29/06/10
    Sealed Pot 2012 = $910
    Sealed Pot 2013 = $790.80
    Sealed Pot 2014 = 543.50
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