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Ex taking me to county court for gifts

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Comments

  • Hi all, I rang up the court that is dealing with the case and they said it has been sent to Warrington to be 'typed up'. What does this mean? They are apparently behind with all the cases and can't tell me what the outcome is.

    :mad:
  • norangeduck
    norangeduck Posts: 205 Forumite
    Part of the Furniture Combo Breaker
    Hi, I have been in the same situation, though It was me taking my ex to court, and he did actually owe me money - He sounds like he does not know what he is doing - when I went to court, I had alot of evidence bank statments, emails, written accounts, which helped me win the case.

    What I would do now in your case is write an account of everything that has happened, from the letters, the the assult every bit of contact u have had, write it down, then write to the police station requesting the event summery of the attack, it may have to be your partner that requests this for data protection (this is all building u evidence too, if he were to issue u with a summons, though I think it is empty threats) then write him a letter send it recorded, stating u do not owe money, state how harrassing he is being, and to stop, although if he wishes to take the matter further, that u will meet him in court, -

    now when you get going thru the court process, the court says that the claimant (him) must provide the defendant (you) with evidence he wishes to use, so he needs to send to u everything he is going to use against u in court, so if he has nothing he cant send, if he does, ul no exactly what it is, so will be able to prepare for it.

    I wouldnt bother with a solicitor, waste of money, I was a student when I did this, I done it all by myself, its only a small claims, it will be in a small room with a judge there, very informal, I was there 15 mins max.

    If you want more info let me know, I feel like im an expert on it as I have done it twice now!

    But dont stress, if you no what he is saying is not true, he wont get a penny from you, and he will have wasted his money at the same time in court fees.

    Good luck xxx
  • Hi there, thanks for your advice, no he has no evidence unless he has made it up. He claims his evidence is that he 'knows hes right' and that he knows what money he lent me where he drew the money out from (what cash machine etc) His family seem adament that thats all he needs, that he 'knows' he is right.

    I can't believe this is even happening to be honest as I have moved on now and it was 7 months ago that we broke up and its just ridiculous. He is complaining about all this but he is the one causing his own misery, all he has to do is stop this and get on with his life. I believe its a combination of contol and bitterness which is causing him to do this. I think in his head we will be in a big court with a judge with a wig and ill have to swear on the bible and he will get the so called 'last laugh' and I'll leave sobbing...

    :mad:
  • skylight
    skylight Posts: 10,716 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Home Insurance Hacker!
    Sallyanne - I feel for you. Ex is a total to88er.

    As others have said, in a court of law, evidence is required. Not assumptions or guesses and he has no evidence at all.

    You can back up your defence with his assault, harrassment etc.

    As another poster stated, when court day comes, get your glad rags on and a big smile on your face. I can promise you (from experience here) that bullies suddenly loose control when they realise everything they throw at you just bounces off.

    And you will NOT leave sobbing - exactly the opposite.
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    Hi all, I rang up the court that is dealing with the case and they said it has been sent to Warrington to be 'typed up'. What does this mean? They are apparently behind with all the cases and can't tell me what the outcome is.

    :mad:

    Sallyanne, I have pm'd you

    Daisy
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • Well, Ive just been told that there is going to be hearing! I don't understand how - he has no evidence. Do all cases go to court regardless of evidence etc? I hate the thought that he will read his letter and be grinning to himself. Now I can't get rid of him for another 3 months and he can laugh at me in the street :(
  • jonesMUFCforever
    jonesMUFCforever Posts: 28,898 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Sally this is good!
    If he has no evidence who do you think the court is going to believe??

    He will look a total plonker and even perhaps be done himself for perverting the court of justice.

    Look at that court date as the beginning of the end of all this.
  • norangeduck
    norangeduck Posts: 205 Forumite
    Part of the Furniture Combo Breaker
    Well all the court has to go on at the moment is his statement he wrote when he applied to start a claim, the court doesnt know that he does not have evidence to back this up. So most times things go to court when they are a waste of time. They will find this out when ur in court, Go on this site https://www.moneyclaim.gov.uk its where he probably went to start the claim, but there is loads of advice on what to do if ur the defendant - its a good site, its where I got all my info when I done it.

    Trust me, youl be the one smiling, if he has no evidence or he lies/makes it up etc then there is no way he would win. I would start to get all ur evidence together. Get someone to write u a character reference, they always help if you want to show the judge your an honest person.

    And remember he has to send u all the evidence he is planning to use in court, he has to, if he does not send you anything, he has nothing to use. So this will help your confidence, because you can go into court knowing that he has nothing to back up his statements.

    Good luck, keep us posted - unfortunatly its a long process - around 6-7 months.
  • Yeah, I guess it is the start of the end! I was quite upset about it at first but the more i think about it, the more I think bring it on!

    My partner suggested if I'm going to get so upset, that he'll go around and give him the money. I know he is trying to help but I do not owe this person money so he does not deserve anything, even if it is to get him out of my life. I see this as allowing him to behave like this and he will have 'won'.

    He is basically a big bully who wants to keep me in his life in some way. He even said to me once when we spilt up that he thinks we will get back together in years to come etc...this worried me slightly that he is thinking like this. Furthermore, he has been telling people that i must still have feelings for him because I won't give him his money back. Plus the fact he has been counselling and talking about all this for hours on end. I know it's hard when you spilt up with someone (I've been heartbroken myself) and you do go somewhat 'crazy' but what he is doing is past heartbreak.

    Thanks for you replies and I am keepig all the letters together for the police etc. I'll also look at the county claim website.There is a possibility he will 'chicken out' once he has to submit any evidence-will he have submitted any yet? and was the decision to go to court made on his evidence? The woman said its due to the 'lack of eveidence' that it has been put through. Maybe he/she feels that he needs a talking to about bullying people- I don't know.

    The only reason he is doing this is to scare me and to make me worry - well I'm going to try my damn best to not let this get to me! :T
  • lynzpower
    lynzpower Posts: 25,311 Forumite
    10,000 Posts Combo Breaker
    The only reson he is doing this is to scare me and to make me worry - well I'm going to try my damn best to not let this get to me!

    thats the spirit Sally Anne :T :T

    I would love to be there when something like this is said in the court room
    'knows hes right' and that he knows what money he lent me where he drew the money out from (what cash machine etc) His family seem adament that thats all he needs, that he 'knows' he is right.
    #

    riiiiiiiiiiiiiiiiiiight

    I could say " i drew out 10 quid yesterday and handed it over to Mr Mcdonalds, they owe it me back

    Without a credit agreement there IS NO LOAN

    if he lent it to you, gave it to you, no transaction at all - all the same. without a credit agreement there IS NO LOAN

    Did you speak to the police officer as others have suggested - if he is taking court action that he is OH SO confident of , then there is no reason whatsoever to be speaking to you or harrassing you in any other way.
    :beer: Well aint funny how its the little things in life that mean the most? Not where you live, the car you drive or the price tag on your clothes.
    Theres no dollar sign on piece of mind
    This Ive come to know...
    So if you agree have a drink with me, raise your glasses for a toast :beer:
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