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Hi and looking for advice re small claims court please

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  • Hi and looking for advice re small claims court please

    Hello everyone.

    I am a first time poster on the site, although I have been lurking in the background reading some of the good advice dispensed on this site.

    I haven't seen anything that will help me specifically so I wondered if anyone here could help? Since this is an open forum, I'm a little wary of putting too much info here (going to be difficult not too if I want help though) but the bottom line is I have received a typed letter from my son (not even hand signed) claiming he will take me to court in 2 weeks if I do not give him money he claims I took from his savings account approx 5 years ago and compensate him for some equipment he claims belongs to him but is in my possession.

    Brief background: His mother and I separated and divorced 3 1/2 years ago. He has not spoken to me since and never responds to calls or sms messages I have sent him. This is the first time I have heard from him in all that time and I was pretty upset by the allegations. I should point out that I purchased the equipment for use by the whole family for when we went on holiday and have the original purchase receipt, (His claim is for more than double their worth) I do not and never have had access to his account as there was only one signatory - his mother. I suspect she is behind this as she tried to do something similar during our divorce proceedings. He claims he has documentation to prove I took the money but since I wasn't a signatory, I can't imagine what he thinks he has to support this claim.

    Basically he says give me £1000 by bank transfer and I will forget about the equipment value, or he will go to court and claim for the money and the value of the equipment.

    I would like advice as to how specifically to respond to his letter in terms of wording and how I proceed should my ex decide to provide him with a witness statement claiming she gave me the money. (Someone has suggested this as a possibility but hadn't occurred to me) This is the only way I can see him claiming he has documentation to prove I took money from him, which I didn't. The account in question was used to pay savings in from my salary and his child benefit but was often used for purchasing household items, holidays etc as when. Being in a minor's name meant tax liability was reduced and his mother was the sole signatory. After our divorce these accounts were emptied and closed by her to avoid divulging her financial position to the courts.

    It's all upsetting and pretty sad and I want to deal with this properly - but not get walked over! Any help is much appreciated. Thanks!
    Tags: None

  • #2
    Re: Hi and looking for advice re small claims court please

    I would reply to him by basically putting what you have posted here.

    Then see where it goes from there.


    Hopefully he will see your point of view.

    Comment


    • #3
      Re: Hi and looking for advice re small claims court please

      How sad. Call his bluff and ask for proof that you did indeed take the money. It is perfectly fair that you should see his evidence before he proceeds to court and you try and settle before any claim. Otherwise refer him to the case of Arkell v. Pressdam.

      Comment


      • #4
        Re: Hi and looking for advice re small claims court please

        Was the bank account opened with your sons name as beneficiary of monies paid in when he reached 18?

        Comment


        • #5
          Re: Hi and looking for advice re small claims court please

          The account was opened by his mother so I'm not certain of when he would become beneficiary.

          Thanks for the comments so far.

          Comment


          • #6
            Re: Hi and looking for advice re small claims court please

            It would seem logical that you could not access the account personally and that would in my opinion be the reply and a defence if needed.

            nem

            Comment


            • #7
              Re: Hi and looking for advice re small claims court please

              Thanks to all who replied. I think what upset me most was the lack of personalisation. The letter was addressed to me by first name and typewritten. His name is not even signed but typed too. I'm even wondering if it is him that sent the letter........

              So do I respond in a similar vein? Keep it formal, no reference to him being my son etc? I wanted to let him know how much it upset me to read what he had said in his first communication with me in years. I was then just going to deny I had access to his account or that I had taken money from it. With regards to the equipment, it is not of any use to me as it was meant for all the family to use on holidays. I was going to suggest he could have it and sell it if he wanted too but that would be the extent of any goodwill on my part. Is this a good idea or should I just point out that I purchased the items and have the receipts?

              Thanks again.

              Comment


              • #8
                Re: Hi and looking for advice re small claims court please

                Originally posted by Muggles View Post
                Thanks to all who replied. I think what upset me most was the lack of personalisation. The letter was addressed to me by first name and typewritten. His name is not even signed but typed too. I'm even wondering if it is him that sent the letter........

                So do I respond in a similar vein? Keep it formal, no reference to him being my son etc? I wanted to let him know how much it upset me to read what he had said in his first communication with me in years. I was then just going to deny I had access to his account or that I had taken money from it. With regards to the equipment, it is not of any use to me as it was meant for all the family to use on holidays. I was going to suggest he could have it and sell it if he wanted too but that would be the extent of any goodwill on my part. Is this a good idea or should I just point out that I purchased the items and have the receipts?

                Thanks again.
                Hi - does anyone have any suggestions on a draft or template or comments on post please?

                Comment


                • #9
                  Re: Hi and looking for advice re small claims court please

                  Personally, I feel that you should keep your reply formal (as the letter you received was formal) ... especially if you are unsure if the sender is actually the one who sent it.

                  K x
                  Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                  It doesn't matter where your journey begins, so long as you begin it...

                  recte agens confido

                  ~~~~~

                  Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                  I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                  But please include a link to your thread so I know who you are.

                  Specialist advice can be sought via our sister site JustBeagle

                  Comment


                  • #10
                    Re: Hi and looking for advice re small claims court please

                    I agree totally with this, the tone of the letter received is an ill conceived attempt at formality, and should be responded to in al formal manner.

                    I can assist with a draft if you wish.

                    nem

                    Comment


                    • #11
                      Re: Hi and looking for advice re small claims court please

                      Thank you both for your replies.

                      Nem I would be very grateful if you could assist me with a draft - that's a very kind offer, thank you so much.


                      Originally posted by nemesis45 View Post
                      I agree totally with this, the tone of the letter received is an ill conceived attempt at formality, and should be responded to in al formal manner.

                      I can assist with a draft if you wish.

                      nem

                      Comment


                      • #12
                        Re: Hi and looking for advice re small claims court please

                        [QUOTE=Muggles;519882]Thank you both for your replies.

                        Ok I will do this for you tomorrow, if there is anything at all that you think I should know you can PM me if you think it is not for an open forum and I will work round it in the draft on the forum.

                        nem

                        Comment


                        • #13
                          Re: Hi and looking for advice re small claims court please

                          Thank you very much. Would it help for you to see the letter I have received? Not sure if I can attach it to a PM or not as I haven't used this system. I could however type it out in a PM if that helps?

                          Comment


                          • #14
                            Re: Hi and looking for advice re small claims court please

                            Yes please!

                            nem

                            Comment


                            • #15
                              Re: Hi and looking for advice re small claims court please

                              PM sent.

                              Comment

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