Ex didnt turn up for small claims hearing

beattie

My daughters ex boyfriend has took her to the small claims court for 5k he gave her when he wanted her out of his house within 2 days and this was to set up in a home of her own She gave everything up job, rented home, to live with him and his two children He says now its a loan but nothing was ever agreed or signed to that effect The thing is my daughter and myself went to the hearing this morning and he didnt show up and asked the judge to deal with it and he never provided her with any paper work before the hearing ,which it says you have to .So now it is adjourned until my daughter reads through it Surely not turning up cant be right , and not impress the court Any thoughts
Beatrice

Marvel1

What does the paperwork say?

beattie

His submitted paperwork is numerous printed texts saying he wants his money back
Beatrice

Marvel1

beattie wrote: »

His submitted paperwork is numerous printed texts saying he wants his money back
Beatrice

Ah, that works in a way as did not say a loan before giving.

I think it will most likely come down to he said, she said, and the Judge will just decide. If he doesn't turn up for the next one then he is not doing himself any favours to provide his version of events.

I wish you good luck.

Red-Squirrel_2

Does your daughter have any texts/emails etc. Saying it was a gift? Or anything else relating to the money or the split to show it was given in return for her vacating his house? Even messages she sent to other people telling them about it at the time? If she does she should gather them as her evidence ready for next time.

tacpot12

The judge will take a dim view of him not attending if he said he would. The claimant doesn't have to attend if they think the paperwork they have submitted is sufficient to prove their case.

Your daughter has a credible story for why she was given £5000 by her Ex. On the one hand, it seems a lot to set someone up in a new property, I would have though that a deposit and three months rent would have been sufficient (so circa £2,000 at most but we don't know the full story). But I would suggest your daughter shows the judge her bank statement and texts from the time as I suspect these will confirm that the money was given to her just before she moved out AND to induce her to move out. As such they would not be a loan, unless very specific words were used in the texts.

Comms69

beattie wrote: »

My daughters ex boyfriend has took her to the small claims court for 5k he gave her when he wanted her out of his house within 2 days - Was she named on the deeds or the tenancy agreement? If not she had no right to any notice whatsoever. and this was to set up in a home of her own She gave everything up job, rented home, to live with him and his two children - irrelevant He says now its a loan but nothing was ever agreed or signed to that effect The thing is my daughter and myself went to the hearing this morning and he didnt show up and asked the judge to deal with it and he never provided her with any paper work before the hearing ,which it says you have to .So now it is adjourned until my daughter reads through it Surely not turning up cant be right , and not impress the court Any thoughts
Beatrice

Should be fine. The court adjourned, so they obviously aren't to fussed

beattie

My daughter had a hearing and the judge decided that the case was in her favour as ,her ex didnt turn up twice and there was no contract or timescale to repay However he made it known that the ex could appeal and she is in a bit of a state that the agony goes on
How does the appeal work if that is what he wants to do Does she have to go for a third time or is it sorted by the court
thanks Beatrice

mattpaint

Why doesn't she just pay him back? Surely she would rather be an adult standing on her own two feet and not living off money she got from her ex?

kimplus8

He will have a certain time laid out in which to appeal, unless he does within the time (or had a serious reason to do it late) then the time will lapse to appeal and she can just carry on as he would have had his chance.
Im glad it worked out for ur daughter.