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Loan Recovery

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  • Loan Recovery

    My question is, can paper and electronic bank statements be used as evidence in a case of litigation? In 2004 we downsized which gave us funds to support our meager pensions by making investments. Unfortunately for us, returns on investments were also beginning to downsize, as a counter measure, we loaned our son money to setup an offset mortgage with the RBS and he would give us 3% monthly payments, his suggestion and not thinking that a written agreement would be neccessary. From 2006 to 2013 when returns on investments were minimal, we sent him 4 more loans when our existing investments came to fruition. When he sold his house in 2022 and was asked to return the loans he is claiming that he never received them. Because of his employment situation he had to re-locate to Aberdeen and I have had to employe a Scottish solicitor in order to recover the loans. I have 5 paper and 4 electronic bank statements which I have just been informed by my solicitor, after 12 months of endless procedures and expenses, that they cannot be used as evidence, if that is so then the case has no foundation and is doomed to failure.
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  • #2
    Originally posted by OAPete View Post
    My question is, can paper and electronic bank statements be used as evidence in a case of litigation?
    My answer is, yes.

    Have you asked the solicitor the exact nature of the problem?
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      i second the answer of yes

      Comment

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