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My X Lent me some money secured against my home. the contract between us stated more may be lent over time which it was. he is now taking me to court to get that money back even though if he wins the kids will lose their home. thing is he has doubled the amount he says I owe. he won't sit down with me and go through it, he's not produced bank statements to the court showing transactions just a spreadsheet that he has made. there are double entries etc. can I ask the court to make him prove each transaction? I've been up reading the CPR rules all night - when is a section 31 appropriate? does the burden of proof shift to me if I'm challenging the amount he says I owe even though his evidence isn't clear and concise? does the court have a duty to establish the facts before making a decision? if there is a dispute between parties what happens? I'm so scared! any advice / ideas? Forensic accounting?
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Great! Thanks.... court case next Wednesday. No idea what Im doing. -
Not my area of expertise but a member will be along to assist - be aware that members give up there own time to assist and your second post was not endearing you to the members.
Be patient it is the weekend.Comment
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Is it the final hearing Wednesday?
I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.
If you need to contact me please email me on Pt@roachpittis.co.uk .
I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.
You can also follow my blog on consumer credit here.Comment
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