Small claim court from EX

KennethC

Good luck Andre 2525, I just feel that you may need it. Whatever happens when you enter your defence, I think a court date will be set and it will depend who's story the court believes. My understanding is that there is no right of appeal in a county court judgement.

ampersand

Andre, your green light was on for some time after I posted and claimant's name is still there.
REMOVE IT!

Andre2525

ampersand wrote: »

Andre, your green light was on for some time after I posted and claimant's name is still there.
REMOVE IT!

Done thanks

ampersand

You need to ask spacey to do same and I'm sure he will, being a legally wise stalwart of other Threads.
My intervention was not unkindly meant.
Your court document, for that is what your defence is, must be entirely re-written.
We cannot - and do not need to - see the standard of writing in the claim.
We do need to see an acceptable standard in your response - so does the Court.

I can try and help this evening.
Don't let this make you ill. Go and have a little break now and you will function better.

fermi

ampersand wrote: »

You need to ask spacey to do same and I'm sure he will,

Hidden that post for now and told the forum team I've done that and why.

For reference, without the quote, spacey's reply was.

I would look more towards only submitting what supports your case.

Andre2525

ampersand wrote: »

You need to ask spacey to do same and I'm sure he will, being a legally wise stalwart of other Threads.
My intervention was not unkindly meant.
Your court document, for that is what your defence is, must be entirely re-written.
We cannot - and do not need to - see the standard of writing in the claim.
We do need to see an acceptable standard in your response - so does the Court.

I can try and help this evening.
Don't let this make you ill. Go and have a little break now and you will function better.

Thankyou, Your intervention wasnt taken unkindly. Any criticism and help towards this is much appreciated as im at a total loss as how to approach this.

ampersand

Andre, my apologies. I'm at a final series lecture this evening, but will look in after that.
Out now until then.

Do make a CAB appointment this afternoon. Gumment[and don't worry, that's my contemptuous mis-spelling, deliberate and done on purpose:-)] policies are having such impact that all help/advice agences are snowed under, so you may need to wait for a detailed appt. It's really important you start the ball rolling. Do that while I'm out.

National_Debtline

Hello there,

You may also wish to investigate the law around 'intention to create legal relations'. It is generally the case that money given from one partner to another would be in the form of a gift, and that there would need to be evidence to show that both parties intented to be bound. With people in close relationshops it is the case that intention not to be bound is presumed. The Wikipedia page gives a good introduction although I wouldn't suggest relying on it; do consider seeking legal advice. Although the leagl principles are clear, it would be worth getting qualified opinion as to the likely outcome. This isn't something that I'm able to provide you with.

http://en.wikipedia.org/wiki/Intention_to_be_legally_bound

If you have a Law Centre nearby, they could be worth making an appointment with:

http://www.lawcentres.org.uk

Best wishes,

David @ NDL.

Andre2525

I have made an appointment with the CAB it is on 14.04 so currently I am filling in the "acknowledgement of service" part of the form in to give me extra time to form a defence.

ampersand

Well done Andre - you've made the right start and ND's post is sound.

Your defence as posited will be gutted for its facts and essentials, so doesn't merit a re-write as it presently stands.

Over this coming fortnight, keep a little notebook with you at all times and on bedside chest at night, to jot ANYTHING - date/significant comment[even if hearsay]/ figures/ ?s - which may suddenly surface from who knows where. Have bullet points from these ready for 14/4. Our minds do work like this, suddenly throwing up titbits, forgotten chunks onto the raft of memory. Now this crisis has come upon you, your mind will work away at it while you sleep[which will be affected].

Let your advisors decide whether or not these thoughts are pertinent, but you must give them all the ingredients.

#We met when/where[briefly], that friendship grew/intensified to the point of co-habiting when[how long ]after that 1st meeting. The turbulence of my previous life settled and ceased etc.until blahblah

# If you can pinpoint/count the number of times you offered repayment and the persistent/consistent nature of donor's refusal, good. If not, think about occasions that may link back to these moments. Can you swear to particular wording used on one or more of those occasions?
This has potential as an example: 'and once more when at a works Christmas function. One work colleague will attest to hearing blahblah in a civil conversation concerning the transfer of money by electronic bank transfer'[corrected where necessary]Give year, context, will witness corroborate?- presumably Yes, or you would not cite his/her knowledge now.

# You presumably contributed in kind during the relationship. How did you both and individually work your household budget?

#You were grateful for this gift which enabled your Life to re-start on a sound basis with the person you expected to continue sharing that life with.

#you have some solid nuggets in the form of Bank statements. Make a few copies and pencil in/identify outgoings, extending from your 'facts' list, post 6.

#Point 2 from post 1 needs filleting, then a careful timeline with brief, accurate sequence/description of events.

# You left her. No need to say why here, but was there a relevant trigger? You'll know the saying, 'Hell hath no fury like a woman scorned'. If you have a new friend, or may be interpreted as so doing, this may be feeding the fury. There's many a re-working of the old notion of Breach of Promise.

# SHOUTING TIME AGAIN: - no social networking about this. Don't make yourself a hostage to fortune. Ignore anything you may hear or see being said about you, no matter what it is. Anything you see to your detriment, take a screen shot and build an ammo. file. Not evidence of relevant past as such, but indicative of claimant's attitude. I am glad to have nothing personal to do with book of face.

That's enough for now.

If there is any ad hoc writing necessary on the Acknowledgment of Service, pop your draft up here first. You could not know back in August that events would take this course, but must prepare yourself for it now. I don't know if your Court level will suggest ADR. You must look the reasonable, reasoning one in this, if you can.

In the meantime, eat sensibly, marshall your thoughts and keep jotting them down.
Keep living your re-established life, against 'I gave you your new life: Watch me take it away'.

I make no judgment on op or claimant. I presume none of us know them.
op seeks advice which only professionals in possession of full facts will be able to offer.