Recieved a court claim (Something a bit Different)

[MissFM]

Re: Recieved a court claim (Something a bit Different)

and according to my friend, she believes they paid in full on a debit card

I think, then, that your friend needs to decide what she thinks is a fair distribution and either agree with or go to mediation with the parents. It could get very silly indeed otherwise, with everyone being the loser. IMVHO.

[Amethyst]

Re: Recieved a court claim (Something a bit Different)

don't suppose I could do a cpr 31.4 to get them to provide a copy of the loan agreement ? lol

that did make me laugh, thank you

[Amethyst]

Re: Recieved a court claim (Something a bit Different)

A loan agreement of this nature doesn't need to be in writing.

If the parents paid direct for the carpets with their debit/credit card then it follows her defence that the carpets were bought as a housewarming gift for her and her partner as opposed to a loan (where it would more likely be here's £1000 go get some carpets and pay us back later)

Mediation is a good idea and I think it would be reasonable to offer to pay the ex BF his half of the gift, as opposed to repaying the parents for the full cost of the carpet.

Defence should go in first though I think.

[welshspark]

Re: Recieved a court claim (Something a bit Different)

Im Glad that did bring a smile to forum! lol

It makes you wonder though, about this particular claim.. as its one words against anothers...

If this goes before a judge, one person is going to say its was a loan, and the other is going to say it is a gift

how does a judge decipher between who is right and wrong in these circumstances...

I may just advise my friend to send cpr letter to the mother.... haha.... can you draft one up ?

[Amethyst]

Re: Recieved a court claim (Something a bit Different)

''"The claimant is the mother of the defendents former partner, on the 10 feb 2014, the defendant took up the tenancy of a property known as .................. the claimant advanced as a loan money in respect of the payments for carpets & fitting at the property''


Sooooooooooo.... just thinking out loud really..........

1. The defendant denys she is liable to the claimants as claimed.
2. It is admitted that on 10th February 2014 the defendant and her then partner, Mr XXXXX, took up tenancy of the property XXXaddressXXXXX.
3. On XX February 2014 the claimant, Mrs XXXXXXX and her husband Mr xxxxx, offered to purchase carpets to furnish the property by way of a housewarming gift to the defendant and Mr XXXXXXXXXXX.
4. On XX February 2014 the claimant visited XXXXXXXX Carpet Shop with the defendant and Mr XXXXXXXX to select and order the carpets. The claimant made payment direct to the XXXXX Carpet Shop.
5. The claimant at no time made reference to requiring reimbursement for the gift and at no time were repayment terms discussed. No conditions were given regarding acceptance or retention of the gift.
6. The defendant at all times believed the carpets to be a housewarming gift given to herself and Mr XXXXXXXXXXX.
7. MR XXXXXXXXXXXX was removed from the property by the police on XXXXXXXXXX following a violent disturbance. Crime Ref XXXXXXXXXXXXX.
8. The Defendant and Mr XXXXXXXXXXXXXX subsequently dissolved their relationship and Mr XXXXXXXXXXXX did not return to live at the property. The Defendant has retained the tenancy of the property.
9. The Defendant does not believe she is in any way liable to return the gift to the claimants or compensate them for such.

[Amethyst]

Re: Recieved a court claim (Something a bit Different)

Haven't sussed out how much the claim is for yet ???

[welshspark]

Re: Recieved a court claim (Something a bit Different)

The claim is for

£1111
plus fees

court £80
solicitors £70

[Amethyst]

Re: Recieved a court claim (Something a bit Different)

Lord Eassie, delivering the opinion of the court, said that a gift, "in its very essence", was not normally repayable. He added: "A gift may, however, exceptionally, become repayable if it is made in the contemplation of a particular happening, for example in contemplation of marriage which does not take effect; but, in that event, it only becomes repayable on the abandonment of the agreement to marry. For so long as the agreement or contemplation of marriage persists, and is not broken off, the recipient of the gift has cause for retaining it."


not sure that is actually beneficial to this case, the gift was given in contemplation that the claimants son would be able to have the benefit of it ..... and him leaving meant he couldn't. But the first bit - '' gift, "in its very essence", was not normally repayable.'' might help.

'' A gift is not repayable at the whim of the donor simply because it is entirely gratuitous. ''

[FlamingParrot]

Re: Recieved a court claim (Something a bit Different)

im not sure .. I can find out..

acutally though maybe not all tounge in cheek. but if they are saying in their particulars that a loan was given ? surely some sort of paperwork would be needed to prove loans existence ?

just a thought, and im probably talking nonsense when it comes to this sort of claim

Although seen from the other side (the claimant's), this article may be relevant, it refers to loans from friends and family and how a claimant can prove the existence of the loan in the absence of a written agreement. In your case, it may be useful to see if any of those conditions are met, if not they'd have a hard time proving such a loan existed and it wasn't a gift: http://www.thisismoney.co.uk/money/e...-000-loan.html

In instances such as this, the lender would stand a very good chance of a successful outcome in the small claims court, as long as they can illustrate that it was a loan and not a gift

[mystery1]

Re: Recieved a court claim (Something a bit Different)

so the particulars of the claim are this

"The claimant is the mother of the defendents former partner, on the 10 feb 2014, the defendant took up the tenancy of a property known as .................. the claimant advanced as a loan money in respect of the payments for carpets & fitting at the property

the claimant has requeste repayment to no avail"

Well they are utter shite. I'd be asking them to replead the pocs so that they are cpr 16 compliant. As a neutral they tell you next to nothing. If unchanged a summary judgement might be in order.

Whilst at it i would remind them of cpr 27.14 2 (g).

Who signed the claim form ?

How much was the carpet ? Fitting ?

Is the shopkeeper and/or fitter able to say who paid for or organised everything ?

Keep the letters asking for the return of the carpet as it sounds like there will be evidence in there to back up the gift side of the argument.

M1