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Received a county court claim which is a lie

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  • Received a county court claim which is a lie

    I received a county court claim from a family member regarding a debt of £2000.

    I was paying as agreed, £250 per month in instalments (£1000).

    We eventually had a disagreement and stopped speaking to one another so I paid back the remainder in cash (£1000) and thought nothing of it.

    this person is now trying to say I owe them £1000 when I don’t?

    I am of course going to dispute the claim, but wanted to know where I stand with this. How can they prove I did not pay the debt back in full?

    For a bit of context, this person is unstable due to their drug habit and that’s why we stopped speaking. I can only assume that this is their way of trying to get back at me over our disagreement?
    Tags: None

  • #2


    Sad when families fall out, but your problem will be proving you have paid it back
    Did you get a receipt for the cash payment, or was there a witness?
    Perhaps you have a bank record showing you withdrew £1,000 which might then have been given to your relative

    Comment


    • #3
      Hi there,

      No, unfortunately I borrowed the £1000 off another family memeber and have been paying them back in instalments of £150 per month instead which I do have proof of.

      Comment


      • #4
        To be clear:
        You borrowed £2000 from a relative
        You repaid £1000 in 4 instalments of £250

        You then borrowed £1000 from another relative which you used to repay the outstanding £1000 from the original loan.
        The lender of the original loan is claiming you still owe him £1000

        Does the second lender know you borrowed the money to repay the first loan?
        Did he witness you repaying the first loan?

        All these loans were in cash?

        You admit the loan existed, but without direct proof of repayment it will be decided on which of you is the more convincing in court before the judge

        Comment


        • #5
          Hi,

          Thanks for your response.

          Yes all of this was in cash, so no proof of me receiving the loan but also no proof of me paying the second half back.

          The second lender is aware of reasons for borrowing the cash.

          Me and the original lender fell out, so I paid them off in full to cut ties and continue to pay back in instalments to the second lender.

          I have not received any evidence that I owe this money, they are also claiming loss of rent money which I have no idea what that even means?
          They claim universal credit and have their rent paid for by the government.

          Thanks

          Comment


          • #6
            I guess your witness will be the second lender if you are taken to Court They would then establish the loan it is not certain proof but at least you will have a backup.

            Comment


            • #7
              and in your defence you just deny the claim for loss of rent.
              Obviously the claimant has not followed the preaction protocols which would have given you sufficient details to know what the "loss of rent" claim is about

              Comment

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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

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              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.




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