Recieved a court claim (Something a bit Different)

[welshspark]

Hey there

I need some advise, im writing this on behalf of a friend

il explain briefly the circumstances of the claim.

bout 6months ago my friend was in a relationship with this guy.
They both moved into a new housing association property together,
and as a moving in present, the guys parents, kitted out the property with new carpets.
After about 2 weeks of living together, the couple started arguing and it got violent
The Boyfriend was kicked out of the house , after being arrested by the police.

The relationship finished.

Recently my friend started receiving letters from the ex boyfriends mother
demanding the carpets back or the money, threatening legal action.

my friend ignored these letters,

today now, she has received a court claim for the amount for the carpets.

Can anyone advise on this.

I was under the impression because it was a gift, would not have to be returned ?

any advise on how to prepare a defence for this would be appreciated thanks.

[Amethyst]

Re: Recieved a court claim (Something a bit Different)

If the gift was given to them both then it may be that the boyfriend could claim against her for his half of the gift (or the value of) however the parents gave the gift to the couple so the carpets (or value of) belongs to the couple so I wouldn't think the parents have any claim over it at all. I wonder if the parents know the circumstances of the break up, I'm pretty sure they wouldn't be too chuffed about her defence that it was a housewarming gift to her and the boyfriend but he turned into a violent ass after a couple weeks and had to be forcibly removed by the police.

Be interested to see the particulars of claim entered in the case if you can get them.

[welshspark]

Re: Recieved a court claim (Something a bit Different)

Unfortunatly the parents do know what happened with their son, but it seems they believe his version of events, and are more concerned in getting their carpet money back.

il get the particulars shortly. just awaiting my friend to send them to me.

[Amethyst]

Re: Recieved a court claim (Something a bit Different)

Tsk.

If the carpets were give to them both as a housewarming gift then they would belong to them both equally and therefore it should be the exBF claiming from your friend for his share, I'd think anyways.

[welshspark]

Re: Recieved a court claim (Something a bit Different)

so the particulars of the claim are this

"The claimant is the mother of the defendents former partner, on the 10 feb 2014, the defendant took up the tenancy of a property known as .................. the claimant advanced as a loan money in respect of the payments for carpets & fitting at the property

the claimant has requeste repayment to no avail"

[Amethyst]

Re: Recieved a court claim (Something a bit Different)

So just fibbing then.

Did the exBF's parents pay the carpet company direct or give the couple cash in order to go and buy themselves carpets?


Also what's the approx value of the claim?

[MissFM]

Re: Recieved a court claim (Something a bit Different)

Quite.

Carpets are perhaps the item of furnishing that depreciates most rapidly in value - it's a little bit of a crazy, vindictive claim IMVHO.

However, the parents invested a substantial amount in a doomed relationship and, if it were me, I would offer them maybe (up to) a quarter of what they paid in all or invite them to remove the carpet.

Would certainly suggest mediation.

[MissFM]

Re: Recieved a court claim (Something a bit Different)

Sorry - posts crossed - mine is probly superannuated

[MissFM]

Re: Recieved a court claim (Something a bit Different)

so the particulars of the claim are this

"The claimant is the mother of the defendents former partner, on the 10 feb 2014, the defendant took up the tenancy of a property known as .................. the claimant advanced as a loan money in respect of the payments for carpets & fitting at the property

the claimant has requeste repayment to no avail"

Is there any truth in this?

[welshspark]

Re: Recieved a court claim (Something a bit Different)

no no truth.. as I said above, my friend has told me that the parents bought the carpets themselves alongside the ex-couple, at the local carpet shop

[welshspark]

Re: Recieved a court claim (Something a bit Different)

don't suppose I could do a cpr 31.4 to get them to provide a copy of the loan agreement ? lol

[MissFM]

Re: Recieved a court claim (Something a bit Different)

don't suppose I could do a cpr 31.4 to get them to provide a copy of the loan agreement ? lol

I know that was meant tongue in cheek - but do you think the parents might have done it on credit?

[welshspark]

Re: Recieved a court claim (Something a bit Different)

im not sure .. I can find out..

acutally though maybe not all tounge in cheek. but if they are saying in their particulars that a loan was given ? surely some sort of paperwork would be needed to prove loans existence ?

just a thought, and im probably talking nonsense when it comes to this sort of claim

[welshspark]

Re: Recieved a court claim (Something a bit Different)

and according to my friend, she believes they paid in full on a debit card

[MissFM]

Re: Recieved a court claim (Something a bit Different)

I think it's very difficult within families and most don't have written agreements. It's a minefield:tinysmile_cry_t: