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My ex is taking me to a small claims court...
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@waamo So I had stopped paying him, and he sent me a letter claiming I had 7 days to pay him or he will be taking me to court. I ignored him, so he sent me a letter saying he has now taken action, and sent me a copy of the agreement I had signed previously.I received a letter from the court, describing the claim issued from my ex, stating that I owe him money to pay his loan after signing the document.All they’ve asked from me is to confirm that I have signed the document.I had agreed to do mediation with my ex in which he declined as he isn’t agreeing to any offers other than the full amount of the remaining loan.
I have now received a date of the court hearing.0 -
Ok. So you have had a claim form. Given you've got a hearing date you must have done an acknowledgment of claim and entered a defence. Is that correct?What was your defence and have you done a witness statement yet?
Ps His letter before claim was defective but it's probably to late to use that now.0 -
@waamo I’ve not been asked for a defence unfortunately. It was rather complicated as it was all online. He had explained his case and I had to just confirm what he had say about the amount of the loan and if I had signed.I have kept the letters he had sent me, I also have text messages sent to me from unknown numbers stating they will come for me if I don’t pay up.I just haven’t been able to give my defence yet which I believe will only be at the hearing.0
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You must have entered something for it to get this far. You cannot enter a defence at a hearing. When you filled out the acknowledgment of service there was a box that asked why you deny the claim. That's your defence. What did you put in that box?
I hate to say but due to your lack of understanding (which is common, the forms are not very well laid out and difficult to understand for a novice) you could be on shaky ground. I'm hopeful this can be turned around though. Take a read of this explanation of the process
https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0The question is what did you enter in the defence box?0 -
I'm really sorry that this has happened to you.
You urgently need some legal advice. If you've been paying all the rent then it's likely that you could counterclaim for his half. The fact that he coerced you into signing a document would seriously reduce the chance that it holds any legal weight so, with the right legal argument, you would probably be able to claim back everything you paid to him based upon that as well.
There are charities who can help abuse victims (which you are) and you might find that you can get some decent legal representation without charge. Act quickly so that you can put together a good legal case before your court date.0 -
If he’s bothering you consider applying to the Family Court for a restraining order to keep him away from you. He sounds like a thug.
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At least two weeks before the hearing you need to submit a witness statement. This is your opportunity to tell the story. If you can get people to put it in writing he was abusive towards you that will help massively. Hopefully you can turn this around and show the court you don't owe the money.
Please, please check the paperwork from the court thoroughly as the instructions on what to do and by when are on it.1 -
@waamo I’m pretty worried now because I know what you’re talking about and I never wrote a defence. I’ve emailed the courts to see if I would get to write a defence directly to them.I’m also getting hold of citizens advice and women’s aid for some legal advice1
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Did you put anything in the box at all? What was the deadline for submitting a defence? If you complete the acknowledgment of service that gives you longer to submit a defence. The fact you've got a hearing date suggests they have accepted something as a defence.0
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@waamo I’m trying to see if I can get a look of my response, but I had just stated that the situation was unfair due to the circumstances of our relationship and I refuse to pay anything other to him.0
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