Reply and Defence to Counterclaim

[Amethyst]

You have a judgment against her. You can thus enforce if not paid. The judge has it seems said to come to an arrangement for instalments outside of court. She's made her initial offer, so you now need to counter and if nothing doing after that you can ask court to enforce. The judgment would then go on the register ( if informal arrangements agreed and paid the ccj may not be registered - which really is your negotiating point to get sensible instalments as once the ccj is registered she's a bit stuffed credit/mortgage/rent wise )

[Amethyst]

Ah didn't see your second post ( ended up on next page sorry ) - did you give reasons for refusing the offer or give a counter offer ? You do have judgment against her so it's just enforcement. She can apply to court for instalments which would be set based on income/expenditure but would have the judgment registered on the credit file so it's in her, not your, interests to sort reasonable instalments informally now - but be aware you could end up with less per month over longer period if she asks the court to set the figure.

[Ollieb123]

Hi amethyst
'this is my response..
although I now fear I may have been a bit hasty in already typing and posting this off this afternoon!!!





13 April 2018



Dear Xxxxxxx



RE: Oustanding Debt


I am in receipt of your letter dated 10 April 2018, received by me on 12 April 2018.


As you are aware, the instructions and subsequent judgement awarded to me by the District Judge on 20 March 2018 are quite clear.


Before Deputy District Judge xxxxxx sitting at the County Court at xxxxxxx ,

IT IS ORDERED THAT

1. Judgement shall be entered for the Claimant for a debt of £1500 and costs of £275
2. The £1775 payable to the Claimant under this just shall be paid by the Defendant by 4pm on 17 April 2018.

Dated 20 March 2018


However, In this your only correspondence, three weeks later, your letter states, you ‘are writing to me to agree a payment plan’ and furthermore make a proposal of an amount over a specified number of months, on the first of every month. state anywhere in the document, no commencement month or date. Within this offer, it apears that you seem to think that that you have a right to dictate the terms and conditions of this Judgement as ordered by the court.

Furthermore, your statement ‘when able additional amounts will be payed (sic) to yourself Mr OB when financially affordable for myself’

I fully reject and do not agree to this proposal in it’s entirety.

The amount you have proposed and the extended terms of this proposal are an insult and are not acceptable, nor are they agreeable to me.

Your penultimate statement ‘However until that is discussed (a matter that has nothing to do with me and does not in any way form part of any of the debt you owe) I shall pay the monies owed as agreed’.
Again, be completely clear on my position. There is no agreement between us and again, my position is that I do not accept your proposal.



Yet again, throughout these proceedings, you have demonstrated complete disregard to The Court Procedures and directions .


I did not have to indulge you at the Court Hearing with my acceptance of discussing with you at your request to pay in instalments to you, to be arranged well before now, but to be reasonable, I told both you and the judge that I would be prepared to consider a repayment schedule which I know you would be able to manage and afford.

You had previously paid to me, on a monthly basis a regular monthly amount prior to the judge,met, when your disposable income was far less that it most certainly is now, as you are no longer contributing to a mortgage and any bills associated with the property you own.


It would be more than reasonable of me to propose that you, XXXXXXXXX set up a Standing Order in the name of Mr OB to the bank account that you have previously made repayments into and this is to commence with the first payment due and to be received by me on 17 April 2018 (as ordered by the court) in the sum of £200 per month each month until 17 November 2018, with a final payment in December 2018 of £175.


I will have no alternative but to instruct the Court to issue as ordered, the County Court Judgement no will explore further, the enforcement options available to me.


Whilst writing, I note that you still continue to make comments in your communication to me about your debt owed and make references to OB JNr , and your ongoing property dispute with him, which, as the District Judge stated to you directly at the hearing when you continued to try and offset this debt to him, he told you that this has nothing to do with your personal debt to me.


There shall be no further comment in any communication on your property dispute and other matters with regards to you and my son or any other matters to do with him.



As requested by the Deputy District Judge at the hearing, I have forwarded a copy of this response for his perusal.


YS
OB

[Ollieb123]

What the defendant has continued to refer to in the original defence and counterclaim, even going as far In Our hearing, (hence me requesting a transcript of the hearing in an earlier post a couple of weeks ago) is that at first defendant was convinced that the debt owed to me should be paid by my son , because defendant wasn't living in the property, didn't want it and was in the process of signing it over to my son, and defendant stated that the amount of loan was to buy things for the jointly owned property (never mind that defendant has sold everything since), believes then my son should be responsible for the debt.
At our court hearing, defendant brought new partner in, and clearly stated that the property was no longer in Defendants name, Defendnt had moved on, wanted nothing to do with the property, it all belonged to my son, it had been signed , sealed and delivered and she had spoken to sons solicitor a few days previously (I sacked sons solicitor three weeks prior)????... We knew it was lies. Judge explained it had nothing to do with property matters.
partner then asks a question.... 'Because Claimant's son has the property, he should pay this debt'... I was shaking my head in disbelief...!

[Ollieb123]

This is the defendants letter to me.......

[Ollieb123]

Defendant will claim no income, or limited disposable income, however I have evidence to the contrary......... I know the salary, what the mortgage and bills were, none of them are relevant as moved in with new partner in December, and am guessing, by knowing where they live, rent And bills for one share , say £400 per month, and loan and car payments £350, so I know there's approximately £900 disposable income there
I need a good solicitor for my son.... Last one has cost me a fortune and did nothing at all, never responded, answered calls or anything except continually dragging his heels, not chasing and really let my son down badly!
any recommendations please?

[jaguarsuk]

Defendant will claim no income, or limited disposable income, however I have evidence to the contrary......... I know the salary, what the mortgage and bills were, none of them are relevant as moved in with new partner in December, and am guessing, by knowing where they live, rent And bills for one share , say £400 per month, and loan and car payments £350, so I know there's approximately £900 disposable income there
I need a good solicitor for my son.... Last one has cost me a fortune and did nothing at all, never responded, answered calls or anything except continually dragging his heels, not chasing and really let my son down badly!
any recommendations please?

There's a find a lawyer link at the top, that might be a good place to start.