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Proving payments

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  • #1

    Proving payments

    Hello,

    i am being taken to court by an ex friend. Anyway, he hasn’t kept receipts and is going to use text quotes, pictures of things he bought online with the price on it and there is a written record with a list of costs and an illegible signature (no breakdown or itemisation). What burden of proof will the judge accept?

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  • #2
    Originally posted by Dodgydavid View Post
    Hello,

    i am being taken to court by an ex friend. Anyway, he hasn’t kept receipts and is going to use text quotes, pictures of things he bought online with the price on it and there is a written record with a list of costs and an illegible signature (no breakdown or itemisation). What burden of proof will the judge accept?
    It is the 'standard of proof' that they consider for evidence - for civil cases it's on the balance of probability (i.e. which side appears most likely to be right). The 'burden of proof' would be on him to convince the court that his side is most likely the correct one.

    What exactly is his argument ?

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    • #3
      Originally posted by Dodgydavid View Post
      Hello,

      i am being taken to court by an ex friend. Anyway, he hasn’t kept receipts and is going to use text quotes, pictures of things he bought online with the price on it and there is a written record with a list of costs and an illegible signature (no breakdown or itemisation). What burden of proof will the judge accept?
      The starting point is to consider the Claim form and its particulars.

      What do the particulars of claim allege?
      I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

      If you need to contact me please email me on Pt@roachpittis.co.uk .

      I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

      You can also follow my blog on consumer credit here.

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      SHORTCUTS


      First Steps
      Check dates
      Income/Expenditure
      Acknowledge Claim
      CCA Request
      CPR 31.14 Request
      Subject Access Request Letter
      Example Defence
      Set Aside Application
      Directions Questionnaire



      If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.




      NOTE: If you receive a court claim note these dates in your calendar ...
      Acknowledge Claim - within 14 days from Service

      Defend Claim - within 28 days from Service (IF you acknowledged in time)

      If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.



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      If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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