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Fast Track Court Case - "Loan"/ Gift of Money from Parent

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  • Fast Track Court Case - "Loan"/ Gift of Money from Parent

    Hi,

    I'm currently completing a N181 directions questionnaire as the defendant in a fast track case. My father is claiming around 14k in money that is a combination of money gifted to me and loans I have repaid to him (unfortunately in cash!).

    Just had a couple of questions about completing the form if anyone can offer any advice;
    • Do I need to declare myself and partner as witnesses in section F (for the purposes of submitting evidence about the case i.e. bank statements showing the withdrawal of cash amounts to replay the debt on a monthly basis, facebook messages sent to my partner by my father as evidence).
    • I suspect the claimant will try to maximise court costs maliciously as they might qualify for some sort of legal aid. Does it make sense for me to ask whether the case can be considered as a small claim rather than a fast track case in light of the fact its a relatively simple case? There are no lawyers involved on either side as yet (as far as I know).
    • The claimant has ignored contact to try and arrange a meeting to discuss the case until a couple of days ago. He hasn't served me with a directions questionnaire and I expect he will be late in returning it to the court and/or will not serve a copy to me - what is likely to happen in this case?
    • Is there any way for me to find out if the claimant is getting legal aid and on what basis? Are they required to tell me this if I ask?
    Any and all help you can give me will be gratefully received!
    Last edited by Magister1701; 5th March 2021, 12:12:PM.
    Tags: None

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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.




We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
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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