Small claims court help

simster69

LilElvis wrote: »

Now that you know that she is 'watching' what you are doing it is probably for the best if you seek advice elsewhere.

If you want to continue arguing about your relationship then there is an entire section - The Marriage, Relationships and Families Board - where it would be more appropriate to post.

Thanks for the post i have no interest in arguing or using any forum on any site for this purpose like i have hopefully clarified on here this thread was designed to gather advice and at no time have i engaged anyone in any argument but like you said i think this process is better done elsewhere from this point.

halibut2209

gemmalou81 wrote: »

Simster also fails to point out that on my many trips to currys i also purchased a 3d 50inch tv at £1000 (we didnt need) and a sony playstation (i have never played on)

And who has these now?

gemmalou81_2

halibut2209 wrote: »

And who has these now?

exactly my point simster 69 does and i am left paying the bill!!!.......... i have done nothing but share my side of the story which he hasn't divulged to anyone on here, yes i agree he is entitled to ask for help regarding the matter on this forum, the problem i have is the whole story wasn't portrayed for people to make an informed decision as to weather he has grounds to present a case or not???

the whole truth and nothing but the truth ha ha ha what he wrote was almost laughable thats why he got the response he did.

lets just leave in the hands of his solicitor now :beer:

arcon5

If you have the goods in question and her claim is relating to these goods being joint purchases then this will go in her favor unless you can convince a judge they was gifts, which is unlikely to happen.

Depends how her claim is structured though. If it provides a breakdown of purchases then it will be easier for a judge. If its vague like '£1500 for goods bought on CC' then a judge will likely seek clarity on how the cc was actually used, not just base it on a cc balance.

I'd have a hard time believing you loaned her money in the form of an asset to buy a new car during your time together. Such purchases are often joint purchases and if you used the vehicle also then this would act in her favor. But if you could prove you both had your own cars, both had separate insurance policies etc then this may be useful and act in your favor. If insurance has you both named then this may support a joint asset theory.

Basically each party needs to persuade a judge that its more than likely their version is the truth.

If the claim starts going against you though you need to spot this and work it in your favor... For example, say a car cost £1000, had it for 6 months before splitting, a judge believed you shared it then say you shouldn't have to pay her half of its cost because she benefitted from the asset - so it would be reasonable for you to buy her share of 50% at its value at the point of breakup, say £350. Just an example to illustrate my point.

The problem with this case is its so messy. It's hard to follow. A judge will not like being involved in family disputes. Because its so messy it will be hard to defend and equally hard to succeed for the claimant. I suspect a judge would seek to resolve it by having you both decide who is to retain title of the goods then seek for that party to buy the other party out based on the market value rather than price paid at new.

It's sad though that after years together and with a child meaning you will forever have to have a relationship of some sort with each other that you have to involve the courts and cannot sit down like adults and agree something.

During the court process you can choose to have mediation before a hearing.... I'd STRONGLY recommend you both agree to this. If any party opts not to mediate then its probably going to be seen by a judge in a negative light.

gemmalou81_2

arcon5 wrote: »

If you have the goods in question and her claim is relating to these goods being joint purchases then this will go in her favor unless you can convince a judge they was gifts, which is unlikely to happen.

THANKYOU........i rest my case!!!!

arcon5

Oh and getting solicitors involved is ridiculous. This requires nothing more than a slap round the ear holes and a round table!!!

gemmalou81_2

I have no problem with him keeping the items we purchased together but as they were purchased while we were together i don't see why i should pay for everything, the new car doesn't exist any more so why he brought that up I'm unsure, we were both well aware of the amounts of money we have spent or saved together over the years, if this wasn't the case he wouldn't have agreed to pay in the first place would he, the only reason I sought legal advise was I pay bills monthly and when his payment didn't go in I had the choice of paying the bills or feeding my children. Like I said earlier I have a mortgage and cards to pay so cannot afford to get myself into the missed payment cycle. He got himself a solicitor and I have agreed to go to mediation but what he wasn't aware was that all this will be brought up and dealt with while we will be there, he doesn't understand that both sides with be dealt with, he seems to think just because he's paying for it, the mediator will tell him he is right??! we will see what happens from here on in, thank you for at least reading both sides and giving an honest opinion as to the outcome of our situation once you have all the facts at least

keyser666

Prime example of when to use another alias on here when your missus knows your original account

LilElvis

Stop it now - both of you!

There is only one thing that actually matters in the sad mess you have made of your relationship, and that is your child. Sit down like adults and sort it out, because this is not the right place.

Your child doesn't care who paid for a tv or a car and it certainly doesn't need to be caught in the middle of your bile and animosity. Grow up and think about what is really important.

keyser666

LilElvis wrote: »

Stop it now - both of you!

There is only one thing that actually matters in the sad mess you have made of your relationship, and that is your child. Sit down like adults and sort it out, because this is not the right place.

Your child doesn't care who paid for a tv or a car and it certainly doesn't need to be caught in the middle of your bile and animosity. Grow up and think about what is really important.

Spot on .