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Small Claims Court appeal advice

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  • Small Claims Court appeal advice

    My daughter had a claim against her by her ex The court went in her favour , in that he never turned up in two occasions to answer for his self and never had a contract or timescale for monies he gave to my daughter to get her to move out of his house Thing she would like know is he can appeal i understand In that case would my daughter need to go back to court which as been really stressful for her to answer more questions or is the appeal held by the judge alone. That is the part we are worried about at the minute How the appeal works regards Beatrice

  • #2
    Originally posted by beatrice View Post
    My daughter had a claim against her by her ex The court went in her favour , in that he never turned up in two occasions to answer for his self and never had a contract or timescale for monies he gave to my daughter to get her to move out of his house Thing she would like know is he can appeal i understand In that case would my daughter need to go back to court which as been really stressful for her to answer more questions or is the appeal held by the judge alone. That is the part we are worried about at the minute How the appeal works regards Beatrice
    He can appeal & get it set aside. You daughter on the other hand can escalate recovery to the high court. She will have to pay which will have to be added to the debt & he will have to pay that also.

    But has he actually got any money? & how much is the claim for?

    Comment


    • #3
      Originally posted by GBExile View Post

      He can appeal & get it set aside. You daughter on the other hand can escalate recovery to the high court. She will have to pay which will have to be added to the debt & he will have to pay that also.

      But has he actually got any money? & how much is the claim for?
      I think the daughter was the defendant and fought off a claim.
      I doubt there was an award which could be escalated

      Comment


      • #4
        Originally posted by des8 View Post

        I think the daughter was the defendant and fought off a claim.
        I doubt there was an award which could be escalated
        Even better then! (thank you for the correction totally misread). His chance is.. what zilch?

        Comment


        • #5
          Originally posted by GBExile View Post

          Even better then! (thank you for the correction totally misread). His chance is.. what zilch?
          My daughter was the defendant and the court ruling was in her favour He had no contract of monies given to get her out of his house and nothing was signed £ 3000 as to when it would be paid back and to cap it all he didnt show up at court twice second time because he never submitted any paper work for my daughter to look at The judge asked my daughter if she had any expenses to claim She had none So are we saying he hasnt much chance of an appeal being successful I fear for her going back into court she was in a terrible state
          Thank you all for the help Beatrice

          Comment


          • #6
            He sued your daughter because he said she owed him £3000 ? but the Judge agreed with your daughter that he hadn't proved his claim and dismissed it?

            Was he also asking for possession of the property - which he owns solely but your daughter lives in? or do they own it jointly ?

            Sorry, it's not very clear what the claim was for. If he didn't turn up to court, twice, and failed to submit any documents then it'd be pushing it for him to go back and try have the ruling set aside, unless he has a good reason for the no show and non compliance with orders. But really it depends if the claim was 'just' a money claim for a £3k ''loan'' or if this is more to do with the property and what arrangement is already in place.
            #staysafestayhome

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

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            • #7
              Sorry if i was unclear .I didnt want to go to far into the sordid details My daughter went to live with him in his house which he owns .Left a good job and moved in ,some 30 miles away Found a job and looked after his two children .Then after a year he told her she had 24 hours to pack her bags The house had a lot of her furniture and moving wasnt going to be easy She had to get removals and find a home to rent He is in a very good financial position and told her he would give her the money to move out So she did. He wanted to keep on seeing her and after a further 6 months said i want my money back hence the small claim This was explained to the court that went in her favour , no contract or time on repayment and his no show on two occasions It chews me as a parent just typing this I just hope he doesnt appeal and put my daughter through more stress going into court thanks Beatrice

              Comment

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