Money Claim from HM Courts & Tribunals

shellzebs

WhenIam64 wrote: »

Why not discuss a Tomlin Order with her. It appears that you want to pay the money back and she wants some kind of certainty that it will be.

It may just be what suits you both - but you will need to set it at a rate that you must be able to keep up with. It need not be £150

Thank you, I hadn't heard of this! I do want to pay the money back - as I have been! The 2 months of not paying were pre-agreed.

shellzebs

monetxchange wrote: »

Oh, I see. I misread that part as being an attempt at tit for tat. Hopefully things like this will make the friend see that she might be better off not going down the court route, unless the kind of payment plan they could impose is something the OP will find more manageable. Would there be court costs here that could also add to the debt/the amount the lender recovers, out of interest?

Yes, when I look at the breakdown, she's added interest and also over £100 in court costs. to the total amount owed.

monetxchange

I was more wondering if her own court costs would swallow up what she clawed back from the process and then that may make her reconsider an out of court payment plan with you. Seems like a matter that’s crying out for a mediation to sort it all before it goes too far.

shellzebs

monetxchange wrote: »

I was more wondering if her own court costs would swallow up what she clawed back from the process and then that may make her reconsider an out of court payment plan with you. Seems like a matter that’s crying out for a mediation to sort it all before it goes too far.

She's replied today with this:

Thanks for your confirmation that you will respond to the claim. At least we will both have some clarity going forward.

So I don't think she's interested in any form of mediation!

Potbellypig

shellzebs wrote: »

She's replied today with this:

Thanks for your confirmation that you will respond to the claim. At least we will both have some clarity going forward.

So I don't think she's interested in any form of mediation!

She probably just doesn't understand the ins and outs of it all. It might be nice to her to explain all you've learned from here but in a less passive aggressive way than your previous e-mail. Remember she done you a massive favour in lending the money, perhaps return the favour by backing down a bit.

shellzebs

Potbellypig wrote: »

She probably just doesn't understand the ins and outs of it all. It might be nice to her to explain all you've learned from here but in a less passive aggressive way than your previous e-mail. Remember she done you a massive favour in lending the money, perhaps return the favour by backing down a bit.

I don't think my email to her was that passive aggressive, and I have never once not been appreciative of her lending me the money. She works in finance as a financial controller so I would assume she does understand the ins and outs of it. It comes across to me like she's been difficult for the sake of it. I've returned the favour by paying her back, always a week early with the exception of the two months I missed - which was agreed beforehand.

In all emails before the one before that I was apologetic and mindful of the fact that I'm the one that owes her money and always will be - hence why I've never tried to get out of paying her back!

Just_Di

monetxchange wrote: »

I was more wondering if her own court costs would swallow up what she clawed back from the process and then that may make her reconsider an out of court payment plan with you. Seems like a matter that’s crying out for a mediation to sort it all before it goes too far.

Since the value of the claim appears to be under £10k it would be allocated to the Small Claims Track where neither party can claim costs win or lose (unless there are conduct issues where the DJ can use his discretion).

Although if she decides to instruct a solicitor to act for her she would be responsible for their legal fees even if she wins.

I agree with you that mediation could settle this - and it's provided free by the Courts Service after a Defence has been filed.

Di

RAS

I'd also be concerned that she's added interest. Does she have a licence?

Just_Di

shellzebs wrote: »

She's replied today with this:

Thanks for your confirmation that you will respond to the claim. At least we will both have some clarity going forward.

So I don't think she's interested in any form of mediation!

It could have been worse - she could have sent your email to the court as an "Admission" of the sum claimed and asked them to grant her a CCJ based on her 'evidence' (i.e. your email to her).

Lawyers have a saying "we don't litigate through correspondence".

Mediation is always Without Prejudice meaning that anything said during the Mediation cannot subsequently be disclosed in court.

Di

shellzebs

RAS wrote: »

I'd also be concerned that she's added interest. Does she have a licence?

No she doesn't.