Small claim court from EX

Andre2525

Hi,
I would be grateful if anyone can help me please, Back in dec 2009 i was in a bad relationship and finacially unstable, a "friend (with benefits)" that i had known for around 2 years helped me out finacially leave this relationship and gave me £3000 to clear debts and start afresh, at that time i verbally offfered to pay the money back but each and every time was told "you dont have to".
Shortly after i had set myself up (weeks later) me and this friend got together in our own relationship and lived together until august 2013 at which point i left her at no point during the relationship was the £3000 mentioned with the exception of 1 or 2 arguements where i said "i will pay you the money back" (only verbally) and again was told "i dont want it back", and once more when at a works christmas do with a civil conversation regarding the transfer of money (by electronic bank transfer) was witnessed by one work collegue.
Shortly after the split in August 2013 i started to recieve text messages asking for this "loan money" back to which i replied that i didnt even know this was a loan, and in the last couple of days (24.03.2014) i have recieved a small claims court claim for £3000 plus £1000 interest saying that it was a "verbally agreed short term loan" and "never recieved any money owed" and also mentions a "back payment from the CSA for £17000".
I had never agreed to this amount of money being paid back and would never have taken it from her if i had known about it.

My questions are:
1 - can i confidently contest this claim having no proof that this was not a loan?
2 - She claims it was a loan at the time in 2009 with a repayment promise of (in her words) a CSA back payment from overpaying for a couple of years (2011-2013) (which incidently was £1500 and not £17000). Is this even possible to claim for a loan repayment based on events that hadnt even happened at that point?
3 - Is there a counter claim for upset and distress that can be accountable by herself?

I know this woman is bitter and making my life a complete misey and need help if anyone can i would be very appreciative

Andre

spacey2012

Think she has been watching too much Judge judy .
Defend whole claim on basis no such loan or agreement exists either verbally or in writing and the claim is the vexatious revenge of an ex-partner who is using the courts time to harass and cause distress to yourself.

19lottie82

1) from what you have told us, yes.
2) of course she can claim, but will she be successful? I very much doubt it.
3) no.

BUT from what you've told us, you verbally offered to pay this back at least twice, so why not do the decent thing one, and just pay it?

Clive_Woody

Unless she can prove that this was a loan agreed to by both parties and not simply a gift then she is going to struggle to convince anyone that was the case.

Go with what Spacey said as that's your defence.

dealer_wins

Seeing how you have had this £3000, would you not want to make arrangements to start to repay it.

Loan or gift, I would want to repay someone who helped me out during a tough time in my life.

Andre2525

dealer_wins wrote: »

Seeing how you have had this £3000, would you not want to make arrangements to start to repay it.

Loan or gift, I would want to repay someone who helped me out during a tough time in my life.

I didnt really want to get into the "morals" side of this and im not criticising your post but this is a very small event in a 4 year relationship and yes it was a tough time in my life but the fact remains this was not a "loan" to start with.

What concerns me the most about all this is the fact the "case" has been taken on in the first place considering the blatant lack of evidence or facts, the exact wording on the court document is as folows

On the 14th December 2009 I loaned the defendant #3000 to pay off personal debts. This was agreed verbally by to be a short term loan however i have never recieved the money i am owed. In August 2013 the defendant became aware that he was to recieve back payment from the CSA worth a total of around #17000 and i was verbally promised the loan would be repaid on reciept of this back pay. The defendant has still not repaid my loan and is now refusing payment.
The claimant claims interest under section 69 of the county courts act 1984 at the rate of 8% a year from 14/12/2009 to 21/03/2014 on #3000.00 and also at the same rate up to the date of judgement or earlier payment payment at a daily rate of #0.66.

The facts are
This was never a loan either verbally or in writing
The date shown as 14.12.2009 from when the "loan" was taken out could not have been agreed to have been repaid with the CSA back payment as this was not overpaid until starting in 2011 and only even known about in August 2013 and paid in Oct 2013.
The back payment was £1525 and not £17000.
The £3000 was used to clear approx £900 in debt, start in a new house together and Xmas presents... some of the money even spent taking her out for meals and nights out.
I have bank statements showing where the money went from being transferred into my account and the CSA paying money into my account but thats about all i have due to the fact thats all there was.

Sorry if im covering old ground or repeating myself im just nervous about them taking the case on based only on what she has said which is basically a pack of lies and made up figures.

A genuine thankyou to all that have replied to this thread, your help is a godsend.

PeacefulWaters

Clive_Woody wrote: »

Go with what Spacey said

That's something you don't say everyday!

Clive_Woody

PeacefulWaters wrote: »

That's something you don't say everyday!

That will now be my new daily mantra.

eskimo26

Things like this happen in relationships, sounds like she is bitter and if your versions true i hope she loses.

Try and disprove as much of what she has said as you can with evidence.

Sponge

This was not a loan. This was a gift. (She refused repayment on several occasions.) The relationship has now gone sour and she has commenced what is at best vixatious litigation.

I'm with spacey on this one.

My wife borrowed £20 off me the other day to pay for top. She hasn't paid me back. It's not the first time. Should I start small claims proceedings? :rotfl:

Buzby

It was provided as a gift - however your protestations of gratitude modified this to turn it into a loan. You promised to repay, then reneged.

At court it will not be the slam dunk - being 'verbal' is just as believable and where your defence may fail is when the judge evaluates both of your stories. He may decide on the on the balance of probabilities that you did indeed agree to repay the money out of gratitude, and the claim is allowed.

There is no certainty of a free pass to the money you accepted - so you may be happy to be classed as a man of straw who's word is not to be trusted, but it's not something I'd be happy about.

It's your decision - and your CCJ if the court finds against you.