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Wedding Cancelled .... being taken to court!

245

Comments

  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Well the solicitor is obviously correct, if you made an offer to pay then you have formed a contract on that basis.
  • Mojisola
    Mojisola Posts: 35,574 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Maci wrote: »
    Things ended on a bad note with him being aggressive and threatening to enter my house whilst i was at work to reclaim his "stuff". His stuff was gifts that he had gave me over the course of the relationship.

    My aunt and uncle who were in the house at the time and witnessed all of this suggested I email his mum and ask for her to ensure there would be no further contact from him and offer to pay my half of the deposit.

    I did this at the time as I was hysterical and not thinking straight.

    Now I have received a court summons from his mum for half of the wedding deposit.

    Can you sell some of the things he gave you and pay them the money?

    You made an offer in writing to pay half - you'll have to honour that.
  • spacey2012
    spacey2012 Posts: 5,836 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Was this offer in Writing ?
    If not they have little claim, the deposit will have been a contractual issue between the two parties.
    IMO the Solicitor may have fobbed you off.

    A Verbal contract is not really worth jack unless both parties are prepared to go to court and state they had one.

    I would suggest you act in your own best interests and defend the full claim on a basis of No Contract , otherwise this may just be the start of his jilted revenge.
    Be happy...;)
  • zenmaster
    zenmaster Posts: 3,151 Forumite
    This would most certainly be a Conditional Gift[/URL] and, as such, they are entitled to revoke it.
  • antrobus
    antrobus Posts: 17,386 Forumite
    zenmaster wrote: »
    This would most certainly be a Conditional Gift[/URL] and, as such, they are entitled to revoke it.

    Mmm. The source is a Wikipedia article - http://en.wikipedia.org/wiki/Gift_%28law%29 - that also states that "Gifts above a certain value are taxable in the United Kingdom"; so it may not be an entirely reliable guide to the law in any UK jurisdiction.
  • gik
    gik Posts: 1,130 Forumite
    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?


    It's only 50 quid...just choke on it and move on girl.
  • visidigi
    visidigi Posts: 6,721 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    spacey2012 wrote: »
    Was this offer in Writing ?
    If not they have little claim, the deposit will have been a contractual issue between the two parties.
    IMO the Solicitor may have fobbed you off.

    A Verbal contract is not really worth jack unless both parties are prepared to go to court and state they had one.

    I would suggest you act in your own best interests and defend the full claim on a basis of No Contract , otherwise this may just be the start of his jilted revenge.
    Maci wrote: »
    I email his mum and ask for her to ensure there would be no further contact from him and offer to pay my half of the deposit. I did this at the time as I was hysterical and not thinking straight.

    I think its safe to say its written...
  • Hintza
    Hintza Posts: 19,420 Forumite
    10,000 Posts Combo Breaker
    These situations are not nice and are best sorted out as amicably as possible (very hard). You broke your promise so the first thing you need to do is give the engagement ring back (and possibly any other things given to you in contemplation of marriage). Then split the rest down the middle.

    I think you have a case for trying to get back a portion of your deposit from the venue but you have no contract with them but at least have a chat with them and see where they stand.
  • hollydays
    hollydays Posts: 19,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It's not a nice situation for any of you, and you are all hurting.
    I suppose that it may look like you were messing him about from the beginning.

    Deal with it adult to adult and pay what you owe.
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Got away with it all? With what exactly? The guys fianc! dumped him in the midst of planning their wedding day.

    You both should bear half of costs - it could be argued you should bear the burden of more than half being the one who caused the situation, if his parents stomach it then that theirs and his business.

    Now though on top of the £500 you may have to pay court costs totally what... £130 mark including hearing fee? Something like that.

    When did you offer? When was the claim filed? Did you receive a letter before action? After you made then offer was there any contact in tens of arranging payment?
    I'm wondering if there may be some angle to use to deny them full court fees.
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