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My ex is taking me to a small claims court...
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bluebell1998 said:I also have text messages sent to me from unknown numbers stating they will come for me if I don’t pay up.0
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bluebell1998 said:@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.
Make sure you submit it in plenty of time. He has to have a copy too don't forget.0 -
Just because you haven't reported it to the police before doesn't mean you can't do it now. There is no right or wrong when it comes to reporting domestic abuse, it's never just as easy as reporting it as soon as it happens and walking away.LBM Debt Total : £48,326.50
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You can’t have two Loan agreements for the same loan.If the original debt was in his name, then that takes precedence, anyone can scribble a note saying you must pay this or that, dosen`t make it enforceable, your defence should have been its not your debt and you were coerced into paying it.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter3
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@bluebell1998
If you have a date for any hearing, then you will have had the court's instructions. In those instructions (usually point 6) will be a comment about exchange of information either by a certain date or by 14 days before the [phone] hearing date. This is called a Witness Statement (WS).
https://www.justice.gov.uk/courts/procedure-rules/civil/standard-directions/general/witness-statements
A WS is just the details of the case in a timeline. On xx/xx/xx this was said. On xx/xx/xx he (the claimant) said that and I agreed to this based on the statement of xx/xx/xx and so on. You attached all the evidence you have as you can't return to the court later. The judge can only decide on what you have said in your statement and what you have provided as evidence.
95% of people do not turn up to court so by getting there, you are 1 jump ahead. Of the 5% of people that do turn up, very few have a Statement or evidence so by having both, you are 2 jumps ahead. It is the person with the paperwork that usually wins.
Can you confirm what it says about "exchange"?- All land is owned. If you are not on yours, you are on someone else's
- When on someone else's be it a road, a pavement, a right of way or a property there are rules. Don't assume there are none.
- "Free parking" doesn't mean free of rules. Check the rules and if you don't like them, go elsewhere
- All land is owned. If you are not on yours, you are on someone else's and their rules apply.
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If someone is sending you threatening messages that should be reported to the police.
Make sure you have copies of the messages. The judge will be very interested to see them.0 -
OP - has the hearing been listed as a conference or is it actually in the court? If the latter then it might be worth you contacting the court to let them know a bit about the history and ask them if they have a separate room you can use whilst waiting for the hearing.
As previously mentioned - contact the relevant charities. They may be able to arrange for somebody to attend the hearing with you
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waamo said:
Ok so you got something in at least and that does form the basis of some sort of defence. You can expand fully in your witness statement. This is essentially a story of what happened and why you shouldn't pay. Talk about the threats (those text messages will be useful) and coercion.
Threatening to sue someone for money is not illegal, only threats of physical harm.
If you have evidence of threats to harm you or when he beat you up then that would help your case.
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To everyone asking what my defence was. I went with agreeing to pay half of the loan as that is what I originally was intending to do when in the relationship. I just don’t agree with being manipulated into paying the full amount and being left to pay for a flat I couldn’t afford and wouldn’t of agreed to not being under duress. It’s not the ideal option but I feel I would win my case with agreeing to pay half.0
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