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  • FIRST POST
    • beattie
    • By beattie 21st Jan 19, 9:40 PM
    • 123Posts
    • 8Thanks
    beattie
    Ex didnt turn up for small claims hearing
    • #1
    • 21st Jan 19, 9:40 PM
    Ex didnt turn up for small claims hearing 21st Jan 19 at 9:40 PM
    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
Page 1
    • Marvel1
    • By Marvel1 21st Jan 19, 9:45 PM
    • 4,076 Posts
    • 4,496 Thanks
    Marvel1
    • #2
    • 21st Jan 19, 9:45 PM
    • #2
    • 21st Jan 19, 9:45 PM
    What does the paperwork say?
    • beattie
    • By beattie 21st Jan 19, 9:47 PM
    • 123 Posts
    • 8 Thanks
    beattie
    • #3
    • 21st Jan 19, 9:47 PM
    • #3
    • 21st Jan 19, 9:47 PM
    His submitted paperwork is numerous printed texts saying he wants his money back
    Beatrice
    • Marvel1
    • By Marvel1 21st Jan 19, 10:11 PM
    • 4,076 Posts
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    Marvel1
    • #4
    • 21st Jan 19, 10:11 PM
    • #4
    • 21st Jan 19, 10:11 PM
    His submitted paperwork is numerous printed texts saying he wants his money back
    Beatrice
    Originally posted by beattie
    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
    • By Red-Squirrel 22nd Jan 19, 6:56 AM
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    Red-Squirrel
    • #5
    • 22nd Jan 19, 6:56 AM
    • #5
    • 22nd Jan 19, 6:56 AM
    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
    • By tacpot12 22nd Jan 19, 8:12 AM
    • 2,283 Posts
    • 1,986 Thanks
    tacpot12
    • #6
    • 22nd Jan 19, 8:12 AM
    • #6
    • 22nd Jan 19, 8:12 AM
    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.
    The comments I post are my personal opinion. While I try to check everything is correct before posting, I can and do make mistakes, so always check official information sources before relying on my posts.
    • Comms69
    • By Comms69 22nd Jan 19, 8:14 AM
    • 7,682 Posts
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    Comms69
    • #7
    • 22nd Jan 19, 8:14 AM
    • #7
    • 22nd Jan 19, 8:14 AM
    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
    Originally posted by beattie


    Should be fine. The court adjourned, so they obviously aren't to fussed
    • beattie
    • By beattie 16th Apr 19, 4:11 PM
    • 123 Posts
    • 8 Thanks
    beattie
    • #8
    • 16th Apr 19, 4:11 PM
    • #8
    • 16th Apr 19, 4:11 PM
    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
    • By mattpaint 16th Apr 19, 10:41 PM
    • 259 Posts
    • 530 Thanks
    mattpaint
    • #9
    • 16th Apr 19, 10:41 PM
    • #9
    • 16th Apr 19, 10:41 PM
    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
    • By kimplus8 16th Apr 19, 10:46 PM
    • 727 Posts
    • 2,178 Thanks
    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.
    Dave Ramsey and Martin Lewis are my Money Saving Heros.
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