Thanks

[Sam1068]

Thankyou for allowing me to join thus forum. I am currently struggling with form n181 as a claimant. The claim is for 10.400. Defendant has made defence but offered 2600, which is unacceptable. The form is extremely confusing. Any help would be appreciated.

[charitynjw]

Hi & welcome

Care to expand on that?

[Sam1068]

It's on behalf of my son, split from girlfriend, large static on her parents land, he purchased new, her parents agreed to purchase from him for 15000, paid 4600 2 years ago, numerous calls, texts all ignored, letter threatening court ignored. Some threats of violence and accusations of theft made by them in the first few months, promises to pay, excuses as to why not paying, then nothing for over a year. Sent forms off for court. Offer of 2600 and defence which states they never agreed to buy. I have texts, messages ect as evidence stating agreement to purchase and why offer or make any payments if no agreement was made. Received n181 form from court but I'm really struggling to fill in. Any help appreciated.
Ps if I take a while to respond it's school run time

[Amethyst]

N181 is the fast track directions questionnaire. Which parts are you having problems with ?

You could file a response to the defence with the questionnaire if needed.

Is removal of the static an option ?

Are the theft accusations related directly to the static ?

What reason have they given for the £2600 offer ? And have they made that as a partial admission through court or as an offer to settle out of court ?

4600+2600=7200 so under 50% of the price agreed?

The claim aim is for 10400 so 7800 ( plus court fee) still in dispute ?

[Sam1068]

Hi thanks for response. Removal is not an option. They state as they removed a static to put this one in place they want repayment for this. The static was old and in disrepair, they gave it away. They state there was some damage to the new static caused by my son for which they want reduction in cost. Damages were stated prior to them agreeing to purchase of which I have evidence. The allegation of theft relates to some plants they were growing that apparently were high value and were stolen, quote if they hadn't been stolen they would have had the funds to pay, I can only assume these plants were illegal but do have messages stating the funds would have paid for static. Now state that its a dispute between son and ex girlfriend and as a gesture are offering 2600. The paperwork states defence and offer of 2600 to end the claim.

[Sam1068]

Also state they've had no contact with my son, they haven't because they stated they wouldn't and didn't want to deal with him as she couldn't be held responsible for what she would do to him, again I have this in a message. The static was paid for by cheque from my sons personal injury trust.

[Amethyst]

Can you redact and post the defence pls.

Which parts of the n181 are you having difficulty with?

Also - the claim has been brought against them by your son hasn't it ? ( just to check you haven't issued it in your name )

[Sam1068]

Redact? Yes claim in sons name.

[Amethyst]

Cool. Yes remove any identifying details, names / precise amounts / claim number etc. before posting.

[Sam1068]

stat.pdf stat1.pdf hope I've done this correctly

[Amethyst]

Yip that worked fine Just having a read xx

[Amethyst]

Sorry, have you got your particulars of claim please. The defence isn't great is it? and they've said they've part paid the 4,600 you'd already taken off of the amount being claimed, so think there will be a reply needed with the directions questionnaire, so need to know the particulars...

They basically seem to be offering half the 'value' of the van ( £8000 ) which is where they have got their figures from.

at the end of the Defence where it says To summarise , what's the redacted word ' we have never said we would not xxxxxxx ' ?

The £4600 wasn't actually paid in cash but by way of a car to that value.



Particulars and evidence of Damage ( also do they have evidence that your son caused the damage?)
Valuations - at time of sale & current

[Sam1068]

I also have receipt for purchase which states size and cost of 19000. There was alternate siting for it as she was told and I have proof of. The old static was removed way in advance of new one being delivered. It was 3 months old when relationship ended. No response has been initiated to any contact for over 12 months. I feel mediation pointless at present. Son has paid no court fees due to being on benefits.

[Sam1068]

It's my sons name that is redacted, and no they didn't 4600 to jack they paid the owner of the car. There were no valuations at time of sale, I have messages where damage is stated before agreement. I will upload particulars of claim. Thanks so much for yoyr help.

[Sam1068]

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