Abusive Ex-Partner bringing small claim against me

doodling

Hi,

artyboy said:

pinkshoes said:

Does he still work at this garage?

I'd go to the garage and explain the situation, make it clear that your ex had said no payment was due, you had received no invoice at all, so were very surprised to get a court summons when you had never even had a bill. I'd then say if money is owed and the ex didn't pay for the tyres, then you're happy to pay the £50 for them. Take a bank card to pay, NOT cash as you'll need a record. I'd also audio record the entire dialogue so you can transcribe it later. 

If they refuse to let you pay for the tyres and insist on taking it to court, then just defend the court claim. 

Respond to the claim saying the tyres were fitted on 02 August 2023, you fitted them yourself with the help of your ex who worked at the garage, your ex said there was no charge, you never received any invoice and you therefore had no idea any money was due. State that as soon as you received the court claim, you went to the garage to pay the £50 which they accepted/declined. (If they declined, then I'd summarise using the audio recording the dialogue between you and the garage).

As above, go through any phone messages that might indicate that no payment was needed.

I think any offer to pay at this stage is incredibly unwise - if they refuse and go to court, they could then put in their argument that you clearly accept that there is a debt as you made an offer to them. Which they will then say was inadequate/derisory, hence their need to pursue this in court.

The garage says the debt is £50 so they cannot then say that £50 is an unacceptable amount.  Having said that, if the court process has been started then it is too late to offer £50 as the claim will include the £35 costs.

The odds are the claim will not succeed.  If it does then it is likely, assuming the OP has made things clear in their submission to the court, that costs will not be awarded against them so a total cost of £50.

pinkshoes

doodling said:

Hi,

artyboy said:

pinkshoes said:

Does he still work at this garage?

I'd go to the garage and explain the situation, make it clear that your ex had said no payment was due, you had received no invoice at all, so were very surprised to get a court summons when you had never even had a bill. I'd then say if money is owed and the ex didn't pay for the tyres, then you're happy to pay the £50 for them. Take a bank card to pay, NOT cash as you'll need a record. I'd also audio record the entire dialogue so you can transcribe it later. 

If they refuse to let you pay for the tyres and insist on taking it to court, then just defend the court claim. 

Respond to the claim saying the tyres were fitted on 02 August 2023, you fitted them yourself with the help of your ex who worked at the garage, your ex said there was no charge, you never received any invoice and you therefore had no idea any money was due. State that as soon as you received the court claim, you went to the garage to pay the £50 which they accepted/declined. (If they declined, then I'd summarise using the audio recording the dialogue between you and the garage).

As above, go through any phone messages that might indicate that no payment was needed.

I think any offer to pay at this stage is incredibly unwise - if they refuse and go to court, they could then put in their argument that you clearly accept that there is a debt as you made an offer to them. Which they will then say was inadequate/derisory, hence their need to pursue this in court.

The garage says the debt is £50 so they cannot then say that £50 is an unacceptable amount.  Having said that, if the court process has been started then it is too late to offer £50 as the claim will include the £35 costs.

The odds are the claim will not succeed.  If it does then it is likely, assuming the OP has made things clear in their submission to the court, that costs will not be awarded against them so a total cost of £50.

As the OP didn't receive any invoice, then they could go to the garage and pay the £50 and ask them to stop the court case. 

The OP could then point out that as there was never any invoice sent and the OP was told by the ex there was nothing to pay, then as they haven't followed court procedures of sending a letter before action, she will then be claiming for all her costs against them, which will come to more than the £50 and they will end up paying her and losing far more than the £35 fee they paid.

doodling

Hi,

pinkshoes said:

doodling said:

Hi,

artyboy said:

pinkshoes said:

Does he still work at this garage?

I'd go to the garage and explain the situation, make it clear that your ex had said no payment was due, you had received no invoice at all, so were very surprised to get a court summons when you had never even had a bill. I'd then say if money is owed and the ex didn't pay for the tyres, then you're happy to pay the £50 for them. Take a bank card to pay, NOT cash as you'll need a record. I'd also audio record the entire dialogue so you can transcribe it later. 

If they refuse to let you pay for the tyres and insist on taking it to court, then just defend the court claim. 

Respond to the claim saying the tyres were fitted on 02 August 2023, you fitted them yourself with the help of your ex who worked at the garage, your ex said there was no charge, you never received any invoice and you therefore had no idea any money was due. State that as soon as you received the court claim, you went to the garage to pay the £50 which they accepted/declined. (If they declined, then I'd summarise using the audio recording the dialogue between you and the garage).

As above, go through any phone messages that might indicate that no payment was needed.

I think any offer to pay at this stage is incredibly unwise - if they refuse and go to court, they could then put in their argument that you clearly accept that there is a debt as you made an offer to them. Which they will then say was inadequate/derisory, hence their need to pursue this in court.

The garage says the debt is £50 so they cannot then say that £50 is an unacceptable amount.  Having said that, if the court process has been started then it is too late to offer £50 as the claim will include the £35 costs.

The odds are the claim will not succeed.  If it does then it is likely, assuming the OP has made things clear in their submission to the court, that costs will not be awarded against them so a total cost of £50.

As the OP didn't receive any invoice, then they could go to the garage and pay the £50 and ask them to stop the court case. 

The OP could then point out that as there was never any invoice sent and the OP was told by the ex there was nothing to pay, then as they haven't followed court procedures of sending a letter before action, she will then be claiming for all her costs against them, which will come to more than the £50 and they will end up paying her and losing far more than the £35 fee they paid.

There are few costs that can be claimed in any event so this is a fairly weak threat.

It does no harm to write to the claimant stating your position (a visit feels like a bad idea due to the relationships involved and the fact that it is impossible to fully document what was said, even a recording could be argued to be incomplete in some way) and suggesting a way forward.

T.T.D

I wouldn’t advise the OP go to the garage or make an offer. 

The issue here is does the ex have a claim?

Has he followed the civil procedure rules outlined in making a claim? I don’t think he has.

Is it he or is it the garage claiming, is the garage owned by the ex?

The fact the OP hasn’t returned with updates or answered questions leads me to think we will never know.

artyboy

doodling said:

Hi,

pinkshoes said:

doodling said:

Hi,

artyboy said:

pinkshoes said:

Does he still work at this garage?

I'd go to the garage and explain the situation, make it clear that your ex had said no payment was due, you had received no invoice at all, so were very surprised to get a court summons when you had never even had a bill. I'd then say if money is owed and the ex didn't pay for the tyres, then you're happy to pay the £50 for them. Take a bank card to pay, NOT cash as you'll need a record. I'd also audio record the entire dialogue so you can transcribe it later. 

If they refuse to let you pay for the tyres and insist on taking it to court, then just defend the court claim. 

Respond to the claim saying the tyres were fitted on 02 August 2023, you fitted them yourself with the help of your ex who worked at the garage, your ex said there was no charge, you never received any invoice and you therefore had no idea any money was due. State that as soon as you received the court claim, you went to the garage to pay the £50 which they accepted/declined. (If they declined, then I'd summarise using the audio recording the dialogue between you and the garage).

As above, go through any phone messages that might indicate that no payment was needed.

I think any offer to pay at this stage is incredibly unwise - if they refuse and go to court, they could then put in their argument that you clearly accept that there is a debt as you made an offer to them. Which they will then say was inadequate/derisory, hence their need to pursue this in court.

The garage says the debt is £50 so they cannot then say that £50 is an unacceptable amount.  Having said that, if the court process has been started then it is too late to offer £50 as the claim will include the £35 costs.

The odds are the claim will not succeed.  If it does then it is likely, assuming the OP has made things clear in their submission to the court, that costs will not be awarded against them so a total cost of £50.

As the OP didn't receive any invoice, then they could go to the garage and pay the £50 and ask them to stop the court case. 

The OP could then point out that as there was never any invoice sent and the OP was told by the ex there was nothing to pay, then as they haven't followed court procedures of sending a letter before action, she will then be claiming for all her costs against them, which will come to more than the £50 and they will end up paying her and losing far more than the £35 fee they paid.

There are few costs that can be claimed in any event so this is a fairly weak threat.

It does no harm to write to the claimant stating your position (a visit feels like a bad idea due to the relationships involved and the fact that it is impossible to fully document what was said, even a recording could be argued to be incomplete in some way) and suggesting a way forward.

Yes, expenses for small claims are generally capped around £100 or so - but that's why I suggested that the defence calls out the claimant as a vexatious litigant - if a judge can be persuaded that the claimant knew there was no merit to the case and it was being done out of vindictiveness, there is latitude to increase expenses awarded - if genuine.

It's not exactly apples and apples, but if you read how some of the court cases play out over on the Parking board, then you get an idea of how to deal with bullies. And offering money is really not a good idea, whatever anyone else seems to think.

BoBaggins

Apologies for not returning. It’s been a tense few days. The situation has changed somewhat as the garage owner has no clue about the court case. He found a letter from the court and phoned me. 

The police are now involved as it’s turned into a harassment case. 

T.T.D

BoBaggins said:

Apologies for not returning. It’s been a tense few days. The situation has changed somewhat as the garage owner has no clue about the court case. He found a letter from the court and phoned me. 

The police are now involved as it’s turned into a harassment case. 

I would suspect the police are not just looking at the Harassment side of this but a fraud case which involved demanding money with menaces should also be looked into.

BoBaggins

T.T.D said:

BoBaggins said:

Apologies for not returning. It’s been a tense few days. The situation has changed somewhat as the garage owner has no clue about the court case. He found a letter from the court and phoned me. 

The police are now involved as it’s turned into a harassment case. 

I would suspect the police are not just looking at the Harassment side of this but a fraud case which involved demanding money with menaces should also be looked into.

Thank you for post - this is the latest installment of a long-running campaign by my ex to discredit me. Why he doesn’t just leave me alone, I’ve no idea. 

The police said no one in their right mind would take someone to court over £50. I did say he’s not of sound mind. 

doodling

Hi,

BoBaggins said:

Apologies for not returning. It’s been a tense few days. The situation has changed somewhat as the garage owner has no clue about the court case. He found a letter from the court and phoned me. 

The police are now involved as it’s turned into a harassment case. 

I know this might sound bonkers, but you still need to respond to the court as if the case was going ahead until it is formally withdrawn (you don't want the possibility of a judge ruling on it whilst the shenanigans with your ex are being resolved),.  A further defence to the claim now appears to be that it was raised fraudulently without the claimant's knowledge.

Edited to Add:

Your ex must be completely nuts - any rational employer would be firing someone after that stunt.

BoBaggins

The owner is completing the paperwork to quash the case. My ex is absolutely nuts and he despises me for having the audacity to ditch him.