Threat of a Money Claim

Re: Threat of a Money Claim

If Mum does issue legal proceedings before powerchord emigrates and gets the CCJ....at what point would it flag up on her passport (or would it ever flag up)? I'm asking because I genuinely don't know.

It wouldn't.

[PlanB]

Re: Threat of a Money Claim

If Mum does issue legal proceedings before powerchord emigrates and gets the CCJ....at what point would it flag up on her passport (or would it ever flag up)? I'm asking because I genuinely don't know.

On the basis that in this country you are 'innocent until proven guilty' the OP currently has nothing negative against her character or anything else until a court makes a judgement

The convoluted CPR stuff relating to court timetables means that the hearing wouldn't take place until a minimum of 30 weeks after the case has been allocated to her local court. And that doesn't happen until at least a month has gone by from the summons' date. In fact there's usually a month 'on hold' after the defence has been filed while the court encourages both parties to consider mediation.

So the whole process takes nearly a year to conclude. By that time the OP will be in the US.

I still think that only a criminal conviction would endanger her passport or visa.

[PlanB]

Re: Threat of a Money Claim

If she does claim, how would I state that I feel it is malicious? On the initial defence form or would it have to wait til court?

^^^^ sorry I missed your earlier question. If this claim is likely to be over £10k (it's possible from what you say) then the court would normally order the losing party to pay the other side's legal costs. These can be thousands of pounds if either of you instruct a solicitor to deal with the proceedings. That's the first thing to consider. If your mother is motivated by spite (as you say) then she may simply want her 'day in court' no matter what it costs, win or lose.

There are strict Pre-Action Protocols which must be obeyed before issuing a summons. One of these includes the potential claimant (i.e. your mother) sending a clear Letter Before Action setting out (a) the precise amount to be claimed and why they think it's owed (b) how the claim should be satisfied such as payment (or fixing the problem if it's shoddy goods or services etc) by a specific date or within a specific deadline such as 14 or 21 days, and (c) what will happen if you don't (a claim will be issued in the county court). Once that is received you will have the opportunity to respond and in particular ask for any documents she intends to rely upon in court for the claim. Proceedings won't have started at this stage.

There are other things she needs to do as well. See here:

http://www.justice.gov.uk/courts/pro...action_conduct

Your Defence will be the opportunity for you to address and refute anything she brings up in the Particulars of Claim once procedings have been issued. Stating that you believe the claim to be malicious could be one of these things. There will be an opportunity further down the line to submit a Witness Statement where you can elaborate on that in more detail.

If you do receive a summons from your mother it may be wise to seek formal legal advice as to whether you could apply to the court to get the claim struck out as "vexatious". You need to ask a lawyer whether that's an option.

Re: Threat of a Money Claim

I'm sorry if I annoyed you......I was trying to make you see the reasons behind your Mums behaviour since 'that night' from a Mums point of view.( based on my knowledge as a Mum,a daughter, sibling,all of which I have experienced).

Can someone please answer this for me :-
If Mum does issue legal proceedings before powerchord emigrates and gets the CCJ....at what point would it flag up on her passport (or would it ever flag up)? I'm asking because I genuinely don't know.

Re: Threat of a Money Claim

If the wedding is going to be moved forward, does that mean mumsy will miss the christening of her first grandchild?

Re: Threat of a Money Claim

my brother ... diddled me

Your mother will miss you once you're gone and vice versa. If it was me I'd sooner pay back any money my mother felt she was owed because I owe everything to her for the way she made scarifies to bring me up. She's dead now so I'll never be able to balance the books

I am sure that whatever or whoever your mother scarified, she did so willingly. :grin:

[PlanB]

Re: Threat of a Money Claim

I don't think my visa is too far away from being issues so I should be able to move from my aunty's house to my new place in the US. At the moment my fiance and I are just trying to figure out whether to cancel our original plans and have something smaller or what.

I'm pretty sure that once you move to the US your mother won't issue legal proceedings against you because that would be futile. Even though this is a legal issue it's inescapably an emotional one too so a holistic approach is no bad thing.

I wouldn't dream of taking my daughter to court even if she owed me a fortune. I was close to taking my brother to court over my father's Will, but in the end I walked away from it because I need my brother in my life more than the £80k he diddled me out of.

Your mother will miss you once you're gone and vice versa. If it was me I'd sooner pay back any money my mother felt she was owed because I owe everything to her for the way she made scarifies to bring me up. She's dead now so I'll never be able to balance the books

If you can afford it have you considered paying your mother some of what she's requesting regardless of whether it reflects things which may be considered as gifts in the first place?

Re: Threat of a Money Claim

Your mother needs a cat.

[powerchord]

Re: Threat of a Money Claim

I've gone back to the beginning of your thread. You have moved out of the family home so I presume you've taken all your clothes and belongings with you. You've been staying with your Aunty but you say this cannot continue indefinitely. You have a job (is that right?). I don't know when you are due to marry and emigrate to the US, but could it make sense to rent a place of your own in the meantime? This would give both you and your mother some space to work through this.

As Cloggy has already hinted, it would be nigh on impossible for your mother to enforce a county court judgment once you have left the country. You can't be extradited over a CCJ. Six years after any CCJ it would be extremely difficult to enforce it because she would need to make an application to the court to do that.

My aunty has said that I can stay for as long as I need to, I just don't think it can continue indefinitely because I don't want to take advantage for too long. If it goes on for too long renting is something I will have to look into, but I don't think my visa is too far away from being issues so I should be able to move from my aunty's house to my new place in the US. At the moment my fiance and I are just trying to figure out whether to cancel our original plans and have something smaller or what. We've paid for the church etc (ourselves) but might cancel and have a smaller do with just us. If my mum isn't coming then my brother can't go as she was paying for him. A number of my friends are unable to afford to go and his family might not come as they've just relocated across the country.

[powerchord]

Re: Threat of a Money Claim

Sorry,,,,just re read from the beginning and spotted that you got a locksmith out the next day.
I would be absolutely furious at you too if you were my child.
Asthma medication......you could have got some from either an A&E dept (the night before) or contacted the last Drs who issued it,,it's not a controlled substance so there would be no problem getting some.
If you knew (which you did) that Mum didn't want you in her house..you should have contacted the police the next day,informed them of the situation and taken it from there..not gone and got some twerp who managed to break the lock out to force entry.
Did you take a key to the new lock directly to your Mum?
Did you text her to say 'Sorry luv,couldn't get in YOUR house so got someone to break in for me?

I don't think the 'money' situation should be your priority at the moment,,it should be trying to build bridges with your Mum,,yes she has done wrong but so have you.

Only my opinion of course

Sorry but that's really annoyed me. At no point have I said that I'm proud or happy about the locksmith. In fact throughout this thread I have stated a number of times how much this situation has upset me.

I'm not sure why you think the money situation is my priority. I originally posted in this forum for legal advice on a money claim which is potentially coming my way. That's just one aspect of this, one that I know nothing about so felt I needed advice on. If you notice, my first post focuses on that, not the whole relationship saga. I did not expect to get all the kind and solid advice that I have received on that aspect of the situation as it is a forum for money claims. The thread has only gone in that direction because there are a few caring members here who have wanted to help. Building bridges with my mum is something only I can do and in our own way, whatever advice I may receive, which is why I only asked for advice on the money aspect. That doesn't mean that's my priority, it just means that's what I needed advice on.

It's easy to say "you should have done this", but I was in a state of confusion and panic at the time. If I wasn't, things would have turned out differently. I can't change the past any more than she can, which is why I came here, to find out how to move forward with at least one aspect of this mess.

Re: Threat of a Money Claim

And how does he/she get on with your mother?

Re: Threat of a Money Claim

I'm so not giving either you or Cloggy my home address :scared: :scared:

That's OK.

We'll just ask Santander. :grin:

Re: Threat of a Money Claim

.....and if it was a Yale a credit card works wonders..

That depends on the rebate in the door frame being quite shallow, whereas a "bump key" - a key cut to maximum depth for all the pins and reasonable height between them - should usually jiggle the pins enough so they'll settle on the shear line and allow the lock to be opened.

[PlanB]

Re: Threat of a Money Claim

The relationship between my mother and I has recently broken down due to actions on her part. I have moved out of the family home because of this.

. . . I am due to marry a US citizen and get my US visa, so I am worried what will happen if I move abroad and she has filed something against me.

I've gone back to the beginning of your thread. You have moved out of the family home so I presume you've taken all your clothes and belongings with you. You've been staying with your Aunty but you say this cannot continue indefinitely. You have a job (is that right?). I don't know when you are due to marry and emigrate to the US, but could it make sense to rent a place of your own in the meantime? This would give both you and your mother some space to work through this.

As Cloggy has already hinted, it would be nigh on impossible for your mother to enforce a county court judgment once you have left the country. You can't be extradited over a CCJ. Six years after any CCJ it would be extremely difficult to enforce it because she would need to make an application to the court to do that.

If mumsy were to get judgement in her favour, could it be enforced if the defendant was already in the American colonies?

Re: Threat of a Money Claim

Sorry,,,,just re read from the beginning and spotted that you got a locksmith out the next day.
I would be absolutely furious at you too if you were my child.
Asthma medication......you could have got some from either an A&E dept (the night before) or contacted the last Drs who issued it,,it's not a controlled substance so there would be no problem getting some.
If you knew (which you did) that Mum didn't want you in her house..you should have contacted the police the next day,informed them of the situation and taken it from there..not gone and got some twerp who managed to break the lock out to force entry.
Did you take a key to the new lock directly to your Mum?
Did you text her to say 'Sorry luv,couldn't get in YOUR house so got someone to break in for me?

I don't think the 'money' situation should be your priority at the moment,,it should be trying to build bridges with your Mum,,yes she has done wrong but so have you.

Only my opinion of course