Ex wants £1500 worth of gifted Tesco Home shopping back.....

[Zodiac]

Hi out there..( bear with me with this one....)
Can anyone put me right on this situation please...:
Split up from Ex last month...she has issued a CCJ against me for £1500 worth of 'presents' / food contribution gifted to me whilst working away from her for last twelve months... ( serious !! ) Is it the....' Jilted lover syndrome, ' ? as she's trying it on to get money from me, as her Ex ( husband ) is continually defaulting on his monthly maintenance payments to her, leaving her short each month....she is trying to get money out of me. We were just boy and girl friend...no legal arrangement as either Common Law or couple whatsoever....last 3 months of the relationship she let me live in her flat, when my contract finished up North. no bills to pay or anything, just Good Samaritan act. She has KEPT EVERY bill she has spend on me during the year ( she's an accountant ) whilst I was working away from home. She 'gifted me the food each week ( home delivery ) and every single present she has given me. Now claiming back £1500. At NO time did she say this food home delivery each week was to be paid back one day...lol
I know there are far more important cases and life stuff here, but has anyone 'out there ' in the real world....either come across this or knows my position re-her CCJ demand, which she has just issued against me for £1500. ?

[Amethyst]

Don't worry, you're not alone, there's a few of these type of cases on the forum at the moment, and you should defend it by the sounds of it there was no agreement or contract verbal or otherwise entered into and certainly no intention to enter into legal relations.

What is the issue date on the claim ?

Can you type out the particulars of claim ( brief details of claim ? ) please

Which of the forms have you got? ( there's two different systems for online claims so just checking so we know which one you'll be using )

[Zodiac]

Just received a photocopy of the form she's filled out 'Request of Warrant of Control ' outlining the money she intends to claim. She's lodging the form on Dec 1st.

[Amethyst]

Hmmmm, this https://assets.publishing.service.go...6/n323-eng.pdf ? that's only for use AFTER a Judgment has been obtained. Has she said she's already made a claim and obtained the CCJ ? Is there a claim number on the Warrant of Control application form ? If so, give the court a call Monday with the claim number and check the status of the claim as you might have to apply to set it aside.

[Zodiac]

Hi Amethyst, thanks for your replies....
No Claim number, she's just me the form with both our addresses on and contact numbers for the Bailiff ( it won't get to that )... As I sai, .. her Email says she'll lodge it on Nov 30, end of the month.....

[Amethyst]

hmmmm ( again )

contact numbers for the bailiff ?

I think she might be pulling your plonker a bit … do you fancy doing a copy paste of her email and PM'ing it to me ( or email admin@legalbeagles.info )

She can't go to bailiffs until she has a judgment against you. That means she has to first issue a claim, win the case ( or send it to a dodgy address so you don't have chance to respond to it ), wait until you miss the ordered payment date, then apply for a warrant of control, then enforcement agents write to you giving 14 days to sort it before they visit at all ( to enforce the judgment ).

[Zodiac]

Morning ( Sunday ) Amethyst,
Legal Beagles thanks for the late post last night. Have just Emailed...copy of CCJ form and her Email to admin@legalbeagles etc...

[Zodiac]

Another thought,.....if she is a 'serial ' CCJ claimant/issuer ( in all her previous relationships...) bearing in mind, she is an accountant.....keeps EVERY single shopping receipt so she can 'use' as and when she wants to try and get money from a relationship....etc....
...she must have had a few issued against her previous husband prior to the maintenance payments being sorted/agreed with him....etc
in my case, as just a boyfriend, with NO Legal or official relationship ties, (as in Common Law or partner etc...)and with,.....nothing in writing......to say she DIDNT gift me this £1500 worth of shopping etc...and that it WAS just a loan albeit in food rather than hard/actual money.....sent to me.....and fully expected it to be paid back to her ( arrangement ) ....etc...
Why would you therefore apply for a CCJ against me.....knowing all these facts....that we have NO legal or official status as partners together....?.. Unless I'm missing something re-law of 'gifting items' , would a Soliciter say she has less than 1% chance of succeeding in a CCJ claim. Surely the Claimant 99% of the time pursues something like this, if they feel 99% that they are legally, in the eyes of the Law......going to be awarded costs....?!!!!

[ostell]

She has probably learned that once people get a sniff of a court form then they fold and pay because of the fear factor. If she has obtained judgement against you without your knowledge then you apply for a set aside and claim the £255 fee from her when you win. Phone the court asap.

[Amethyst]

Okay.

There's nothing on there to suggest that anything else has been done other than filling in a form downloaded off hmcts and emailing it to you. It's dated over a month ago too just not sent till the other day.

The numbers seem to be her numbers for the enforcement agents to contact her.

Her name is the one on the form ( CE) I'm assuming - just has a weird email address name ?

What I would do is call the court tomorrow ( Northampton county court business centre ) and tell them you have received a warrant of control but there's no claim number and you haven't received anything prior - and they should be able to look up if there actually is anything on their database.

When they confirm there isn't a case you can either ignore her entirely, or, write back and ask her to check the process with the court and cease harassing you, and that you won't be paying her, (nicely and formally so it couldn't be used against you at all )

If there is a claim in the system, ask court to email you details, and then you can look at a set aside and defence.

But you should check with court before contacting her at all.

Has she previously sent you copies of all these invoices receipts etc / written to you previously threatening court ?

[Amethyst]

Another thought,.....if she is a 'serial ' CCJ claimant/issuer ( in all her previous relationships...) bearing in mind, she is an accountant.....keeps EVERY single shopping receipt so she can 'use' as and when she wants to try and get money from a relationship....etc....
...she must have had a few issued against her previous husband prior to the maintenance payments being sorted/agreed with him....etc
in my case, as just a boyfriend, with NO Legal or official relationship ties, (as in Common Law or partner etc...)and with,.....nothing in writing......to say she DIDNT gift me this £1500 worth of shopping etc...and that it WAS just a loan albeit in food rather than hard/actual money.....sent to me.....and fully expected it to be paid back to her ( arrangement ) ....etc...
Why would you therefore apply for a CCJ against me.....knowing all these facts....that we have NO legal or official status as partners together....?.. Unless I'm missing something re-law of 'gifting items' , would a Soliciter say she has less than 1% chance of succeeding in a CCJ claim. Surely the Claimant 99% of the time pursues something like this, if they feel 99% that they are legally, in the eyes of the Law......going to be awarded costs....?!!!!

If she is a serial claimant she's not learnt a lot - it is insanely easy now to issue a court claim through the online Moneyclaim service on the Gov.uk website and thus far it doesn't seem like she has.

Don't contact her at all at this point.

If you want to check back through any emails / texts you've shared with her regarding the shopping etc. She is likely to have kept everything there too. So you're looking if you said anything like 'can you get me X or Y and I'll pay you back when I get paid' - that kind of flaffle that she might bring up if she pushes on with her claims.

Have a read here https://www.thisismoney.co.uk/money/...bought-me.html
there's a few cases across the forum as well but that seems appropriate as it involved keeping all the receipts throughout the relationship ... it happens more than you'd think.

[Zodiac]

Thanks Amethyst and Ostell,
will ctc Northampton County Court Business Centre tomorrow, to ask the question etc.....
She lives in another County ( town ) and will have gone/applied to her local court for issuing the initial form ( CCJ ) I assume. ?
She hasn't Emailed details of receipts etc she's claiming etc...but I know what they will be.....
Have just read about process for 'setting aside ' a CCJ etc....Thanks.....
Options : find/use a Solicitor to 'warn her off ' about this spurious claim....to stop harassing me....?

[Amethyst]

More likely to have done it via Moneyclaim online - but if she has gone to her local county court it will be on the database - so Northampton CCBC should be able to tell you ( expect to spend 15 mins on hold before you get through to them btw - they're a bit understaffed/rubbish )

You could also check on your credit file/registry trust online but they can take a while to show on those and she doesn't seem to have put any date - well other than the mid October date on the form - if you do it's https://search.trustonline.org.uk/Search/Person ( your details and £6 charge I think ) and credit files free ones are Noddle / MSE Credit Club / Clearscore ( that gives you free access to the three CRA reports ).

[Zodiac]

Link to article and it states :
' 'In the absence of any written or oral agreement, no court in the land would entertain a claim by your former boyfriend for him to be repaid with regard to the gifts which he made to you.

'It is perfectly normal for a boyfriend to give gifts to his girlfriend and the law would not support a former boyfriend seeking monetary compensation for those gifts after the relationship has ended.
....Just reverse the roles for my particular case.....?

[Amethyst]

Pretty much yip. There's a fair bit of case law about regarding 'gifts'. Was reading a lovely one this morning about a Lamborghini... only really valuable gifts make it to the higher courts.. Tesco delivery gifts not so much, but the principles are the same.

Let us know what court say tmw then we'll give you a hand replying to her ( unless you'd rather get a solicitor to write on your behalf - just remember your aim is solely to stop it escalating any further )