Advice please!!

[trumpetmaest]

Hi,

I do hope someone out there can help...

My sister was in a relationship and she found out that her partner had debts of 20k.

She used her savings to pay some of the money and then she took out a loan to cover the balance (about £12k).

Her partner was not working so she made the monthly payments.

Her partner signed a personal agreement stating that he would pay her back the money for the loan if they ever split up...

After 3 months they split up...

She tried to contact her ex and she got a solicitors letter back stating that he acknolwedged that he owed the money however as he was not in employment at that time he could not pay. However, as soon as he started working he would honour the agreement.

Now... she found out that he had now got a job so she wrote to him and he wrote backi asking how much he owed. He then said he would start a standing order and start paying her. He even asked for her bank details

One month went by and no money arrived. So she contacted him and he then said that he was withdrawing his offer and suggested she take him to court.

[Caspar]

Re: Advice please!!

By whom was the agreement drawn up? Was it all done legally or did they produce an agreement "in house?"

[Celestine]

Re: Advice please!!

The personal agreement followed by the solicitors letter will be a solid basis for court action.

But as the debt totals 20k it wont be small claims court, although as the issue is simple, it should be heard there.

[trumpetmaest]

Re: Advice please!!

She drew the agreement herself...

I forgot to add that she got two letters from the solicitor.
The first asked her to send a copy of the personal agreement to them (which she did). She then got the letter admitting liability.

[SpringerSpaniel]

Re: Advice please!!

It can be listed in the small claims court by consent between the parties and with the court's agreement.

You shoudl all indicate to the court that you would like this, if this is the case

[trumpetmaest]

Re: Advice please!!

What is the advantage of having it listed in the smalls claim court ?

[Celestine]

Re: Advice please!!

Small claims court usually deals with claims up to 5k and no risk of being hit with other sides legal costs should you lose. As this is a simple claim, you could apply for it to be heard in the protection of the small claims court.

[CleverClogs]

Re: Advice please!!

Small claims court usually deals with claims up to 5k and no risk of being hit with other sides legal costs should you lose. As this is a simple claim, you could apply for it to be heard in the protection of the small claims court.

Whilst most of that is accurate, one bit isn't.

There is no such thing in the UK as a "small claims court", which I understand may exist in the American colonies.

In the UK, it is the County Court, where a small and simple claim would be allocated to the Small Claims Track.

[trumpetmaest]

Re: Advice please!!

Up date...

She used moneyclaim to file her claim.

Today she has received a letter from the court with a counterclaim from her ex.

This is a letter that rambles on a bit and starts with the words 'my defence'.

He goes on to say that she has some of his possessions and says he has tried to pay her some money without success.

(He did send her a standing order in August that he had made out but did not sign it!)

He did acknowledge that she had taken out a loan to clear his debts (although he states he would have prefered to have been declared bankrupt!) and that he signed a personal agreement agreeing to pay the loan if the relationship dissolved.

He does not state how much he is counter claiming.

She has now received an allocation questionaire and has 14 days to respond...

She does have some of his belongings in storage and is willing to let him have them.
Her ex sent a list to her some time ago demanding return through a solicitor).
However, some of the items he has listed were purchased when they were in a relationship. My sister wrote back and gave evidence to demonstrate that he did not have any funds/was solvent so he could not have contributed to the purchase of the disputed items and the solicitor wrote back agreeing.


Can someone out there please give me some advice on thiis matter?

[trumpetmaest]

Re: Advice please!!

Bump

[trumpetmaest]

Re: Advice please!!

Please can someone help with this?

I have looked at her court docs and I think that she should ask for Mediation to be aranged by the court and have the action stayed for a month.?

does this sound right?

What powers would a mediator have?

[trumpetmaest]

Re: Advice please!!

Thanks for that but I think he took that along with his magnifying glass and tweezers....

Any other advice re mediation...?

One further question....

although the claim is for over £5k she would like to go down small claims as discussed earlier.

If she chooses mediation and says that she would like small claims would she be entitled to it (mediation) without charge?

[CleverClogs]

Re: Advice please!!

Thanks for that but I think he took that along with his magnifying glass and tweezers....

Any other advice re mediation...?

One further question....

although the claim is for over £5k she would like to go down small claims as discussed earlier.

If she chooses mediation and says that she would like small claims would she be entitled to it (mediation) without charge?

Perhaps the humourless twerp who removed my posting (to which the above was a response) might care to respond about mediation?

[trumpetmaest]

Re: Advice please!!

can anyone please advise us how I complete her allocation questionairre or point me in the direction where I can get the info?
:-O

[trumpetmaest]

Re: Advice please!!

Bump