Claim for possession?

[bluebottle]

Re: Claim for possession?

1.Cheshire Police
2.I haven't asked the question
3.No they haven't

'Burden of proof' How or what do I say to the judge???

Do the inconsistencies between the 2 documents not help me in that he's made it up and how do I know what he's entitled to if both are different?

My new address could not have been entered in 2008 (When he claims I signed the agreement) as I didn't change it until 2010/11? Will this help?

Will it help in court, The fact I've offered to make repayment off the loan but not the interest until he'd cleared up all the inconsistencies but he refused to accept it?

Thanks again for your help

I'm checking the definition of Strict Proof to establish the standard of proof required. In civil cases, it is normally "On balance of probability" or, in layman's terms, "More than likely." However, I will find out what it is with Strict Proof.

At this moment in time, you do need professional legal advice as you have an institutional lender - a bank - with an interest in the property and your so-called friend claiming to have an interest.

If you have proof of your change of address, e.g. Council Tax Bill, HMRC Tax Coding Notification, plus letters from the local authority and/or a government department acknowledging notification of your change of address, this should be sent to the court and your so-called friend or their legal representative.

I have to point out that if a legal professional is representing your so-called friend and is misleading or attempting to mislead the court, this is regarded to be serious professional misconduct on their part. It is also a very serious matter for either party in a dispute brought before the courts to mislead or attempt to mislead the court.

[bluebottle]

Re: Claim for possession?

Strict Proof has the same standard of proof as in a civil cases, that being "On balance of probability". In theory, the Claimant's evidence should be able to stand up to cross-examination.

If you have not already contacted Action Fraud, do so today, if possible.

[SpringerSpaniel]

Re: Claim for possession?

It is going to be difficult for the claimant to obtain possession as there is a competing interest held by the Bank of Scotland, which precedes his as per the Land Registry.

His best case scenario will be that he is considered to have a second charge on the property, so that his loan is secured lending.

Have you made any offer to settle with him ? Would you be in a position where you could do so if the correct amount could be agreed ? Or are you disputing that you owe anything at all to him ?

[ScotsLawyer]

Re: Claim for possession?

Hello again,

You could certainly argue that a valid contract was not entered into, but whether this argument is ultimately successful will be for the judge to decide. Basically, if it is an evidential (rather than procedural) hearing, each party has to present their case within the remit of the court rules and the judge will decide whose version of events he prefers. There are no guarantees that the outcome will be what you wish for, as it is for each party to try to be the most persuasive. It is therefore very important to optimise the strengths of your own case and present it in the way permitted by the relevant court rules, so unless you have a good deal of experience of the court process, it really is best to instruct a legally qualified professional to assist you with court.