Ex Partner Claiming She Owns My Car

[waringdmask]

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?

[echat11]

Des MIKE770 Can you take a look and advise, many thanks.

[des8]

Regarding the video & text messages, contact the court and ask if you can include them as exhibits on a USB stick.

Regarding settlement offer either agree with it, or disagree completely or make a counter offer.
Is it headed "without prejudice"?
The costs rules for claims allocated to small claims track are in CPR27.
Costs are very limited, unless a party is deemed to have acted "unreasonably". Refusing an offer is not unreasonable.

[waringdmask]

Thanks for replying @Des.
The Settlement is headed "without prejudice save as to costs" and reads as follows.

For the reasons set out in our client's documentation submitted to court, both we and our client are confident that our client will be successful in her claim. Nonetheless, our client is mindful of the obligations on parties, under the Civil Procedure Rules, to try to resolve their disputes; and of the potential benefits in terms of costs, of making a settlement offer. Our client is therefore prepared to make a settlement offer pursuant to CPR 44.2(4)(c).

This offer is not to be taken as an admission by our client that the car was a gift. This is categorically denied. Our client simply wants to get on with her life and this matter is a distraction. To that end, she makes the following offer:

Payment from you in the sum of £x,000

If you make this payment you can keep the car

This offer is open for acceptance only until 4pm on 17 November 2021

This offer is made in full and final settlement of the whole of our client's claim set out in the PoC dated July 2021

Consequences of failure to accept the settlement offer-
This is a generous offer. If you do not accept it, pursuant to CPR 44.2(4)(c) we intend in due course to:

Bring the contents of this letter to the attentio9n of the court on the issue of costs; and

Seek a court order requiring you to pay our client's costs on the indemnity basis

We look forward to receiving payment.

[des8]

Solicitors trying to frighten a litigant in person into accepting an offer.

Costs on an indemnity basis tend to be punitive for being unreasonable, or even in certain circumstances refusing an offer to settle. However those offers have to be made as a part 36 offer (ie in accordance with CPR 36).
However CPR 36 does not include claims allocated to the small track.

As long as you are not unreasonable (which is a high bar to reach) costs on the small claims track are limited

Checking R0b my interpretation correct?

[waringdmask]

After looking through the documentation submitted to court I believe the claim may be malicious. The Claimant asked me for a sum of money and in return promised never to contact me again, stating that if I paid up I could keep everything. After I ignored her request she sent me a message which I have entered in my exhibits. The following is the message minus amounts of money and other identifying information.

I can honestly say I hate you right now. You have used me and when you have gotten what you want out of me you have thrown me away. I treated you to lavish presents because I thought you was worth it at the time.

I asked for a small £x,000 for your help but you ignored that so don't worry because I don't want that anymore I'm at the solicitors in the morning and I'm taking the car back.

In the reply to defence she has claimed that she made the story up hoping for reciprocity and didn't actually need the money. However she has started the claim based on the fact she didn't receive it.

Also she claims that she requested I return the car to her and I responded with threats. I stated I had only received one request and that was the letter of claim which has been submitted to the court along with my reply which does not contain any threats. She agreed that she requested the return of the car in pre action correspondence and has only included the letter before action and my reply as proof yet still claims threats in the pre action correspondence.

I am going to reject the settlement offer and offer a counter whereby the claim is just dropped with a view to her not incurring any more legal fees. Can anyone advise how I would go about asking the court to strike out either the whole claim or the parts that don't make sense? I honestly don't understand anything that is going on right now, do I have a chance or am I just clutching at straws?

[waringdmask]

Solicitors trying to frighten a litigant in person into accepting an offer.

Costs on an indemnity basis tend to be punitive for being unreasonable, or even in certain circumstances refusing an offer to settle. However those offers have to be made as a part 36 offer (ie in accordance with CPR 36).
However CPR 36 does not include claims allocated to the small track.

As long as you are not unreasonable (which is a high bar to reach) costs on the small claims track are limited

Checking R0b my interpretation correct?

Thanks again for replying to me. I was busy writing my most recent post so only just saw this. How would you suggest I proceed with this. Just for clarity I made an offer to negotiate direct to the claimant on the 5th September and she point blank refused to engage until this offer to settle. The court has ordered specifically that-
The Parties are encouraged always to try to settle the case by negotiation. The Parties are encouraged to contact each other with a view to trying to settle the case or narrow the issues. The court must be informed immediately if the case is settled.

[R0b]

In the solicitor's offer of settlement, are they trying to claw back their fees incurred? How is the amount broken down, have you got that and does it tally up to the sum listed on the claim form?

[des8]

9That is standard directions from the court.

In all honestly it can be worth negotiating a settlement, even if you are convinced you will win, simply to avoid the stress of a court, as well as saving the time you'll be spending on the case.

If you are prepared to negotiate do so.
In a without prejudice communication you can point out to her solicitors that costs on small claims track are governed by CPR27 & you are convinced you will win as you have written confirmation from her regarding the gift of the car.
However you are prepared to settle for £x (or £0!) just to stop the silliness.

I wouldn't be applying for a strike out, but if you want to the rules are set out in CPR3.4 and practice direction 3.A
You need to use Form N244 (https://assets.publishing.service.go...7/n244-eng.pdf)
And here's a useful website that might help you focus on your case

[waringdmask]

Des rob
Firstly thanks for the help I wish I'd understood how the forum works much sooner.

In response to Rob I have the claim form and the breakdown is-

Amount claimed - £9kish
Court Fee - £308
Legal representatives costs - £100

The settlement figure is approximately £1k less than this slightly inaccurate total.

I also have a statement of costs issued on an N260 form before the 1st hearing and placed on file with the court which is made up of costs for letters/phonecalls/emails/representation/court fees etc. This totals in the region of £4kish. No order was made in relation to these costs despite initially being on fadt track/ multi track. Is it possible they're trying to account for fees until the end of the case?

In response to Des. I was prepared to pay her the money she asked for originally before starting the claim, unfortunately she spat her dummy out on a Sunday and I couldn't transfer from my savings until Monday by which time she was already starting the claim. She asked for an amount between £1k and £2k. I'm still prepared to give her that money in full and final settlement but not so sure she/they will accept. Would I be right in thinking I should head my communication *without prejudice* also referencing CPR 27? Do I include the text message stating my acceptance of the car as a gift or just refer to it?

I think you're right about the strike out it's just difficult defending against so many allegations. Is it possible to ask either the Claimant or the Court to clarify those points as I don't understand why I have to defend against them when they're unfounded/unproven.

[des8]

As you were prepared to pay her original demand I would be inclined to start off by offering the lower amount.
Point out this was what she originally wanted, but she commenced a court claim without actually withdrawing the offer.
There's no need to include the text message, altho' you can point out you have written confirmation the vehicle was a gift.
I would include the reference to CPR 27 & costs in the small claims track

Head response "without prejudice"

As a matter of interest what is current trade in value of vehicle?
Re the earlier "no order as to costs" then neither party can claim these costs from the other party

[waringdmask]

Her original demand wasn't related to the car, she was allegedly buying a flat and needed the money for conveyancing fees. She has admitted in the reply to defense that she made the story up in order to get some kind of reciprocity (I don't know what this means) but still started the claim when she didn't receive it. Although the demand wasn't in relation to the car she technically withdrew it when she stated "I don't want that anymore, I'm at the solicitors in the morning and I'm taking the car back".

Car was valued at £7,500 by we buy any car back in August, probably £7k in real money and insurance value is around the same as the settlement figure she's offered. I don't wish to buy the car though and I'm prepared to go the distance in court as I can only lose the car and CPR 27 costs which would be my only real outlay when all is said and done. I also haven't claimed for my costs as I'm conscious of how much she will have to pay win or lose. Should I point this out in my negotiation? Also at the beginning of Sept I offered by text to negotiate with her and she refused. Her costs at this point would have been considerably lower. Should I mention this too?

[des8]

I like the cheek of making an offer of c£9000 when vehicle is worth £7000.

Don't overthink the situation.
As it will be "without prejudice" you can point out all the pluses for her, especially as she will (if she wins) only be able to claim limited costs.
I would still only offer a very low amount (even if my understanding of the early offer was adrift) as you can only negotiate upwards

[R0b]

Just a couple of quick thoughts

1. That offer could be construed as misleading and if you wanted to be aggressive about it, you could respond to that effect and say you're minded to report them to the SRA. CPR 44 does not apply to small claims track and they should already know that. Their reference to 44.2(4)(c) could imply that CPR 44 applies when it doesn't. Also mentioning that they will seek their full costs on an indemnity basis if you don't accept suggests they're trying to coerce you into accepting the offer or face an order for costs from the court. As Des pointed out, CPR 27.14 clearly states that a court may not order costs except for the limited costs listed in that paragraph and the only thing that comes close to it is unreasonable conduct, which clearly states that a refusal of an offer does not constitute unreasonable conduct alone. Sounds like they're trying to take unfair advantage of a litigant in person with limited or no legal knowledge of the rules around civil claims.

2. If you genuinely believe that the car was gifted to you, then I see no reason to make any counter-offer. This isn't a breach of contract case where the compensation can be negotiated to a mutually agreed amount - either the car was a gift or it wasn't. Also based on what you've described so far, there's good reason to think that the car was a gift: Not on the insurance policy, never driven it, the video claiming its your car and any text messages are a good starting point.

What other evidence can you supply? Who pays the tax on the vehicle, who is listed as the registered keeper, and does/did she own or drive a car when you were together? All of this, when taken together could imply that the car was in fact a gift not just a right to use it.

What evidence has she put forward? The onus is on her to prove it wasn't a gift and the fact she has said one thing then admitted another reduces her credibility and you should look at attacking the inconsistencies in her particulars of claim, witness statement and other evidence.

[waringdmask]

Des Will this do or is it a bit overboard? I'm going to send it in the morning before work as I won't have chance during the day although I don't think I need to adhere to their cut off time of 4pm tomorrow.




*EDIT* Having just read Rob's post I'm now going to reject the offer of settlement which was time limited to 4pm tomorrow in any case.