Small claim court from EX

ALIBOBSY

Won't make a judgement either way as it doesn't sound that cut and dried one way or the other.

The only advice I would say is make sure you respond in the correct timescales to the court action and turn up for the case in court as if you miss any of these the ex can apply for judgement asap and win without any evidence even being looked at.

If you have the money you could offer full payment in return for the case being dropped. From a point of view of the CCJ if one is awarded if it is paid in full within 28 days of the judgement you can ask for it to be removed from your credit file etc.

Ali x

chesky

If it wasn't a loan, why did you repeatedly offer to repay it? And if you were willing to pay it back then, why not now?

EmmaHerts

spacey2012 wrote: »

Think she has been watching too much Judge judy .

And the good Judge would say that a gift doesn't become a loan just because the relationship has ended.

rizla_king

Offering to voluntarily pay back a gift does not make it a loan.

spacey2012

This is a money saving expert site.
I am sure there is a morals saving site somewhere else....

People come here to seek help with saving money.

themull1

Why did you take £3000 when you only needed £900 for your debts?

Apples2

spacey2012 wrote: »

This is a money saving expert site.
I am sure there is a morals saving site somewhere else....
.

I don't think the OP needs any help saving morals.

Thrugelmir

What are you intending to say in your defence statement?

I would strongly suggest a concise no waffle response.

Andre2525

Thankyou all for your responses, i am going to put this as my defence:

I defend this claim due to the below reasons:

1 - I started a full relationship in Nov 09 with the claimant having known the claimant (in a casual relationship) for approx 18 months before this date.

2 - No such loan or agreement exists either verbally or in writing concerning the £3000 transferred into my bank account on 14.12.09.

3 - At this time i had no personal debts of £3000 as claimed by the claimant and the money was used for help towards moving house, settling final bills from existing property, christmas presents, I had moved closer to the claimant as the relationship had become that of an exclusive one, (ref 1 bank statement dec 09 - feb 10). At the time of the gift i offered to pay this money back but was immediatley refused.

4. The CSA back payment was £1525 (approx) and not £17000 as suggested by the claimant (ref 2 bank statement oct 2013 - nov 2013) i did not agree to repay this money knowing i would only get half the £3000.

5 - The CSA overpayment was not identified until Jan 2012 so why would i (in the claimants statement) secure a debt in 2009 not even having made the overpayments at this time nevermind identified how much?

6 - In early August 2013 the relationship broke down and i ended the relationship by moving to a different property. As soon as the relationship had ended i recieved a series of txts requesting i repay this money and within the series of txts at this the claimant refferred to the £3000 as a "loan", this is the first time the money had been refferred to in this manner.

7 - I believe the claim is the vexatious revenge of an ex-partner who is using the courts time to harass and cause distress to myself. The claim is based on total fabrication of facts and heresay (as outlined above).

Not sure if this is considered "waffle" and tried to stick to facts aswell as getting the story across.

I will update everything that happens with this case....

Again thankyou all

ampersand

Remove claimant's name at once.
I'll shout that: REMOVE CLAIMANT'S NAME AT ONCE.

If she gets wind of you using it in a public forum, you could be in worse fumier than you already are.
#
You need to re-write grammatically. The first sentence is ill-written 'reasons below, not 'below reasons' Correct all your many mis-spellings[even breaking the most basic rule: 'i' before 'e' except after 'c']. Capitalise correctly. Edit out adjectives and adverbs that do not materially assist your defence and further, are not evidence in themselves.

You need to go to the CAB AND have someone there proof-read your 'defence', when you have corrected all the above.