Hello everyone, apologies for using my welcome post to try and discuss this claim. Hopefully I am now in the right forum to receive some much needed help and advice. The Claim is made on the basis that I (allegedly) mistakenly thought the car was a gift and it is claimed it was bought for joint use and her sole ownership. She has never driven the car nor owned or been included on any insurance policy for it.
On the 2nd July I received a letter before action from my ex partners lawyers claiming ownership of a car which she had bought for me as a gift. I replied to the letter rejecting the claim and stating I was prepared to defend myself in court if necessary. I have received the particulars of claim and entered a defense to which I received a reply to the defense followed by a skeleton argument on the eve of a BT meet me hearing. Fast forward to now and the claim has been tracked to the small claims court.in early January. I have until the 24th November to enter documents and witness statements and last week received a letter from her lawyers offering me a settlement pursuant to CPR 44.2(4)(c) with a deadline of 4pm on 17th November.
Here's where I need help. I have recently found a text message which I sent to my ex in response to a video she sent me. I have given a transcript from the video to the court as in it she states "Hi you, just letting you know me and the mother are having a play in YOUR car". This was sent the day the car was delivered whilst I was at work. My response to this message reads 'OMG can't believe it, never in the history of me has anyone bought me anything that comes close'. I believe that together these show the car was a gift and that I was accepting it as such. How do I enter this in to my exhibits and how would I reference it from my witness statement?
P.S. How do I respond to the letter of settlement?
On the 2nd July I received a letter before action from my ex partners lawyers claiming ownership of a car which she had bought for me as a gift. I replied to the letter rejecting the claim and stating I was prepared to defend myself in court if necessary. I have received the particulars of claim and entered a defense to which I received a reply to the defense followed by a skeleton argument on the eve of a BT meet me hearing. Fast forward to now and the claim has been tracked to the small claims court.in early January. I have until the 24th November to enter documents and witness statements and last week received a letter from her lawyers offering me a settlement pursuant to CPR 44.2(4)(c) with a deadline of 4pm on 17th November.
Here's where I need help. I have recently found a text message which I sent to my ex in response to a video she sent me. I have given a transcript from the video to the court as in it she states "Hi you, just letting you know me and the mother are having a play in YOUR car". This was sent the day the car was delivered whilst I was at work. My response to this message reads 'OMG can't believe it, never in the history of me has anyone bought me anything that comes close'. I believe that together these show the car was a gift and that I was accepting it as such. How do I enter this in to my exhibits and how would I reference it from my witness statement?
P.S. How do I respond to the letter of settlement?
Comment