Wedding Cancelled .... being taken to court!

Maci

Deleted, thank you to all who posted offering advice.

Much appreciated

meer53

You say you "gave in" and they paid the deposit. Unless the venue say the deposit is refundable, i think you should pay your half.

The lawyer is correct, you'll just have to spend more money to argue your point, better to draw a line under it and walk away.

soolin

I am sorry for the awful situation you find yourself in, however, if a solicitor has suggested you pay I don't quite know what else anyone here can suggest.

It also sounds like you got out of a situation that might well have affected you badly for the rest of your life if you had gone ahead with this wedding.

halibut2209

Seeing as you cancelled it, I would consider yourself fortunate that they are not pursuing the full £1000.

But I expect that they (along with the venue) have a duty to mitigate their losses.

Maci

how do I argue the fact that he owes me money though for his half of the church deposit?

If i just stump up and pay they he has got away with everything?

I am hoping the judge would take into account the entire situation and I have witness statments to prove his actions on that night.

I understand what the lawyer said ... I just dont know if I stand a chance in court?

keyser666

Maci wrote: »

how do I argue the fact that he owes me money though for his half of the church deposit?

If i just stump up and pay they he has got away with everything?

I am hoping the judge would take into account the entire situation and I have witness statments to prove his actions on that night.

I understand what the lawyer said ... I just dont know if I stand a chance in court?

You come to an agreement before it comes to court for them to deduct his contribution to what you have paid.

Alternatively put this in a counter claim

aggypanthus

Is it a small claims summons giving you a date for the hearing?

Either go to the court or look online for details of how to prepare for the hearing. You will be able to counter claim with your own evidence.

They do have an email from you, proving that you offer to pay half? I wonder if you can prove that was co ersion under stress. take a witness with you Any way you can prove that the deposit was gifted to you and your ex?
Be mindful that the sherif will want facts ,not excuses from either side.
I am just opining as of my own dealings chasing money through courts, am not an expert, also dont take one legal bods advice as clear cut, you must send your defence into court before the date.

aggypanthus

http://scotland.shelter.org.uk/get_advice/advice_topics/complaints_and_court_action/raising_and_defending_actions_in_court/defending_a_small_claims_action

Crazy_Jamie

Maci wrote:

I saught legal advice and the lawyer basically said as I offered to pay then I should as this is a contract. However I feel that there is much more to this that needs to be heard in my defence.

Did you offer to pay other than at the point you have mentioned? If so at which point and what were the terms on which you agreed to repay the money?

The case turns on the issue of whether the money was intended to be a gift or whether there was an agreement that the money was to be a loan. For the mother to succeed she must present evidence, either oral or written, to prove that an agreement was in place that this money would be a loan. If the understanding was that this money would be a gift, you calling up and offering to pay half back cannot in and of itself form a binding contract. It may well weaken your case practically because you accept that at least one point you did offer to pay money back, but legally that is not sufficient in isolation to form a binding contract.

cookie365

Sometimes it's a lawyer's job to tell their client what they need to hear, not what they want to hear.

We can happily tell you any old rubbish if that's what you want from us. But there's no point in asking us for legal advice, because you've already had it.

sujac

Sounds like a horrible situation to be in. Like others have said you can counter claim for cost of half of church fees. Personally I would pay them the money and be grateful that I got out of the situation before it went too far down the track with plans.

Before I paid though I would call the venue and check they hadn't already refunded anything. Maybe try and come to an agreement with venue that if they can re sell the date they will give you some money back. I know the venue have a right to keep it but it can't hurt to ask.

Good luck with everything.