Reply and Defence to Counterclaim

[Kati]

here you go jaguarsuk

[jaguarsuk]

Ollieb123 It would have been interesting to see what your Claim was, the reply to defence and the reply to counterclaim?

I assume you have asserted in the reply to defence that it was a loan, that you have two witnesses to it being a loan completely contradicting what the defendant claims and that the repayments made are of that loan. Regarding point (7) If your son stated that he would organise that the defendant was paid back any repayments she made to the loan then the defendant's claim is with your son and not you.

Now the relationship between you and B is more clear I can see the difficulties.

The counter claim is exactly what I would expect from this situation, the defendant believes that if they can show that your son is unreasonable or of poor character that she will somehow increase her chance to win.

My advice is that you should stick to the facts and don't get involved in trading insults, that comes from the experience I had as the judge doesn't care about petty squabbles or accusations about peoples characters. All they care about are the facts of the case at hand.

[Ollieb123]

I can't seem to upload my word document reply and defence

[Ollieb123]

REPLY AND DEFENCE TO COUNTERCLAIM

MR XXXXXX (Defendant)
And
M XXXXX (Counter Claimant)

REPLY TO DEFENCE

I XXXX dob xxxxxx of xxxxxxxxxxxxxxx do acknowledge receipt of the Defence received by me by post on 22 January 2017 delivered by Royal Mail at my home address.
I have reproduced and marked Exhibit A1 a copy of the Defence by the Claimant , laid out as numbered in Numbered Points 1-13 for ease of reference in this response.

1. I deny this statement. The amount owed to me was not gifted as a deposit. The amount of money was loaned to Person A and Person b on the strict understanding that this was to be repaid. They both jointly and severally agreed to this undertaking, which took place around December 2016 at my home and also witnessed by my wife.

2. I deny this statement. There was a verbal trust agreement between myself, Person A and Person B .

3. I reject this statement.
a) I made notes and wrote everything down as to what was agreed between the parties. Unfortunately, I did not obtain signatures from Person A and Person B
b) There was a verbal agreement in place between all parties. Many of my family members knew and understand that I had loaned them both a sum of money, as I have done with my other children.

4. I reject this statement. There was never any expression from either Person A individually or jointly with Person B of any guilt or sense of being overwhelmed about being loaned the sum of money. Person A did knowingly and willingly agree to the loan repayment schedule I had suggested and made payments accordingly.

5. I reject this statement. Person A and Person B’s discussion about the future of the house is of no relevance to this claim.

6. I reject this statement. Person A admits that she ‘stopped giving Mr XXXX any money’ .
The remainder of this point is of no relevance to this claim.

7. I reject this statement. This point is admitted by Person A that ‘Person B would organise that I was paid back the money paid to M XXX. The rest of the point is irrelevant. Person A should therefore be seeking to resolve this particular statement with Person B

8. I deny this statement. This is irrelevant to the Claim.


9. I deny this statement. This is of no relevance. Person A admits that she believes ‘the amount owed should be paid by Person B to Mr XXX . I would respectfully suggest that Person A instigates matters with Person B if and when she decides to make a decision regarding their jointly owned property. This does not excuse Person A from her outstanding financial obligation to me.

10. I deny this statement. This Point has no relevance to the Claim.


11. I deny this statement. There was a financial gain to be had insofar as being assisted with purchasing a property and becoming a home owner.

12. I deny this statement.
a) Wether or not Person A believes that the amount I have claimed should be paid by Person B is not material to this Claim.
b) I reject this statement. I have no knowledge of any property transfer that may or may not be occurring. This has no relevance to the Claim.
c) I wholly reject and refute this statement. I have never been unfair regarding anything I have ever done for Person A and in particular, regarding my Claim and I have done my utmost to try and settle this matter amicably with Person A. (See attached exhibited marked L2).
d) To accuse me of interfering with any ongoing discussion is a blatant untruth. Any ‘ongoing discussion where this matter has been discussed’ has most certainly not taken place with me. Person A is confusing completely separate issues:
I) Repaying to me as verbally agreed the outstanding amount that was loaned to Person A
II) Property matters and transfer of ownership that are yet to be decided between Person A and Person B.

13. I deny this statement. Person A’s intentions and reasons for issuing a Counterclaim are unfounded. Person A admits that she has paid an amount.
a) Person A uses the term ‘ the amount I have paid him towards the deposit of my house’. Person A chose to do whatever she wished with Person B regarding the money loaned by me. It is insufficient insofar as she states further ‘that I am signing over to his son Person B . Once again I refer to Point 12 d) above.
These are separate and differing matters.


I believe that these facts are true and accurate.


Defence to Counterclaim

The Counterclaim is denied by the Defendant.

I have reproduced and marked Exhibit B1 a copy of the Counterclaim by the Claimant , laid out as numbered in Points 1-7 , for ease of reference in this response.

1. The Defendant denies the use of the word ‘gifted’. This amount was made in two separate payments by way of an Interest Free repayable Loan of which the counter claimant entered into willingly and knowingly. The amount of £7000 is not in dispute. The Claimants financial obligation to this amount is £3500.

2. This is denied. The different amounts of money repaid to me were the pre arranged and agreed monthly repayments that the Claimant agreed to. I strongly deny that there was ever expressed verbally or otherwise by any person any guilt at any time during the discussions or the transfer of the loan.


3. I deny this statement.
a) This sum of money repaid by Person A was not towards the house. This was loaned to them by me and they were under no obligation as to what they chose to do with the loan, The amount repaid is far short of what was agreed to have been repaid at this time. Person A stated to me that ‘by the time they had moved into their property, and with working bank shifts, they would have repaid in full the amount I had loaned.’
b) The Defendant admits that the Claimant has repaid a total of £2000 of the £3500 loaned from January 2017 up to 26 August 2017 in monthly differential payments.

4. The Defendant rejects and denies this statement.
a) The matter regarding an amount of £2000 or any other amount due to me from the Claimant has never been discussed with my Solicitor at any time. I received my own Independent Legal Advice on loaning the money to Person A.

5. The Defendant denies this statement. The Claimant did and has benefitted from the amount loaned as it enabled the Claimant to purchase a property and become a home owner to which the Claimant still jointly owns.

6. The Defendant denies this statement. Of no relevance to this claim.

7. The Defendant denies this statement.
a) The Claimant has issued a counterclaim in the sum of £2000 against me stating. ‘I am requesting the amount detailed so I can move on with my life’. Unfortunately, Person A has omitted to give any valid explanation or evidence as to why she believes that this money is owed to her by me.
b) The Defendant completely and absolutely denies that he has ever demonstrated any form of harassment whatsoever towards the Claimant.

8. The Defendant denies this statement. There is no relevance to this statement whatsoever.

9. The Claimant denies this statement in part.
a) The Defendant admits and agrees that the amounts in GBP paid by bank transfer on an ad hoc monthly basis are agreed. The amount repaid totals £2000.
b) The Defendant denies the dates provided on the counterclaim are incorrect. Repayments from the Claimant to the Defendant were received in his bank account at various times, usually on a monthly basis in the year 2017 and not 2016 as stated by the Claimant.

I believe that these facts stated in this document true and accurate.

Signed:

Ollie B Date:

[Amethyst]

email me - sharon@legalbeaglesgroup.com - ir might be you have it saved as a docx and needs to be a doc ( so when you do save as then change file type to Word 97 - 2003 )

[Ollieb123]

Thank yòu, I've done a copy and paste on this.

[jaguarsuk]

All of that looks comprehensive and you seem to have your bases covered.

Next you should receive confirmation from the court of what the next stages are, come back here for any help you need once you have that.

I think with the witness statements it'll be really very difficult for her to persuade a judge that this was a gift and that's why she's trying the "gone away" tactic.

[Amethyst]

4. The Defendant rejects and denies this statement.
a) The matter regarding an amount of £2000 or any other amount due to me from the Claimant has never been discussed with my Solicitor at any time. I received my own Independent Legal Advice on loaning the money to Person A.

What had she put in the counterclaim ?
( If you had received independent legal advice on loaning the money to person A that advice would have been to get A & B to sign a loan agreement - plus not sure how you got independent legal advice if you've never discussed it with your solicior ) I'm guessing thats in response to something in the counterclaim that you didn't type on the thread ?

[Ollieb123]

Apologies, I'm just playing on the words and perhaps being a little pedantic in my response. with Person A stating 'discussing with solicitor' ... the way it has been worded in the Counterclaim is that I am supposedly interfering in a matter that is being discussed with solicitors.....

1. I took my own legal advice regarding lending money to family members only. Not to do with recouping my loan repayments.
2. The Defendant claims that the matter is being discussed with solicitors... it is not!
3. The matter that I believe the Defendant is referring to here is between Person A and Person B regarding property is being dealt with by Person B solicitor. Person A states a solicitor is not needed ..... although this is nothing to do with my claim or subsequent counterclaim for the amount outstanding to me?? I was being picky I suppose....

What I don't understand is the counterclaim at all. Person A is asking for the amount back that was repaid to me by Person A.... it is my money in the first place that Person A is requesting for the counterclaim ...?????

is it usual to not give any reason as to why a person makes a counterclaim?

[jaguarsuk]

What had she put in the counterclaim ?
( If you had received independent legal advice on loaning the money to person A that advice would have been to get A & B to sign a loan agreement - plus not sure how you got independent legal advice if you've never discussed it with your solicior ) I'm guessing thats in response to something in the counterclaim that you didn't type on the thread ?

In the counterclaim pics above the defendant in their counter claim talks about the matter of the house transfer being with a solicitor.

[Amethyst]

All I could see was this bit

HOwever due to the end of the relationship between myself and Person B it s being discussed through solicitors (property is, this matter is not)

or is that the bit you mean ?

And indeed, I think she has just put the counterclaim in because she realised if it was a gift, as she claims, she had no reason to be paying you back for the last 2 years .... she also contradicts herself saying that B should pay it back... which would make it, well, not a gift ...

I don't think you have a great deal to worry about.

[Ollieb123]

Many thanks, i really do appreciate your guidance on this matter, as i don't think I would have got this far.

i have received this morning al letter with a court date 20 March ...... and an extra £170 trial fee to pay.

I sent my reply and defence and its asking for it all again..... do I send it all, together with witness statements I didn't send earlier this week?

[Amethyst]

You should have a date on that letter ( can't quite make it out ) for when to pay the hearing fee by, and when to get witness statements filed and served by - normally Witness Statements are 14 days before hearing, and the hearing fee a week earlier.
They've got you in quick !

[Ollieb123]

Unless the Claimant does by 4.00pm on the 20 February 2018 pay to the court the trial fee of £170.00 or file a properly completed application (i.e. One which provides all the required information in the manner requested) for help with fees then the claim will be stuck out with effect from 20'Feb 2018 without further order..........

the last correspendence with the AQ was that I am now the Defendant.... but now back to
being the Claimant.... no wonder people get confused....!

As I read it, I have to provide no later than 21 days before the hearing , I must deliver to the other party and court office both the statements of all witnesses who the party intends to give evidence copies of all documents.

the issue I have is that I had two addresses for the other party... on their counterclaim they gave only one address (parents residence) for Court correspondence, which this week, when I sent my reply and defence to them has now been returned as 'gone away' and returned back to me by Royal Mail!!!

Where should I send documents now?

[Ollieb123]

Furthermore, as a counterclaim has been filed, will they have to pay the trial fee as well for their counterclaim.

there is a PAragraph that states:
If your claim is struck out, it will no longer exist. The hearing will be vacated, unless a counterclaim survives the claim being struck out.