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Court claim filed and help needed

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  • Court claim filed and help needed

    Hi All,
    We are at our wits end and do not know where to turn too until someone told us about this site and i hope someone may be able to help us.

    2 Years ago my then partner who is a book keeper was going to go into business with someone who basically was hiding the truth about his own personal financial struggles and about the business she was going to invest in.

    She was going to take out a large loan of £160k to help fund the business. Then one day the person who she was going to go into business said he needed funds urgently and by this stage was becoming more and more aggressive as the loan was taking some time to go through. The person then said she needed to be a witness to a loan where he found someone to lend him £20k as a personal loan and she would just have to witness this contract and this person would also like to come into the business. She had very little time to think about this and she was sent 3 different contracts the evening before they turned up the next day. She is not a lawyer or knew anything about these contracts.

    When they turned up the next day they bought another version of the contract and on this one she was to be the guarantor to the £20k loan. This £20k loan was between two people and was to be paid back within 2 months a £26k if that wasnt fullfilled it was to be paid back at £40k within a year!

    She was at home at the time on her own, she is very small and introverted. Neither of these 2 men were going anywhere until she signed as a guarantor. She was so scared she signed it in the end just to get rid of them. She was so scared after she did not even tell me and never did until his lawyer sent us one of a number of threatening letters over a year later.

    Once they left she pulled out the business deal soon after that was going to happen, never took the loan out due to all of this. She was so scared as the guy she was going into business with turned very aggressive. He never paid back any money according to the other guy even though they were in contact long after my partner did not contact them. He left the country and has no assets in the UK.

    Now there are issues with this case. We have spent all our money on a lawyer to try and fight this as its just so unfair. It has costs us our relationship as the stress and pressure of this guy chasing us for his £40k and legal fees is too much for us to bear but its the thought of what they did and the thought it could force us to sell the home or our daughter it disgusts me.

    We spent what savings we had on a lawyer and offered £10k to him and his lawyer but he wont stop until he has ruined us. We have no more funds now and written a defense ourselves.

    What we have found out so far:

    The contract is more of a deed....deeds need to be delivered - he took the deed with him after the event, only ever sending back a word document in an email at a later date which was not the copy signed. When we finally got to see the actual contract he had added a witness signature to it who was not even there at the time!

    The way he has paid the £20k:

    He has paid £10k through his companies bank account not out of his personal one
    He paid the other £10k in cash with no receipt! this obviously brings into money laundering issues

    Repayments:

    She had no knowledge of how the loan was paid or if anything was repaid at all, they signed a new agreement 6 months later she was not privy too and again no idea if or anything was repaid.

    Duress:

    The contract sent to her the previous evening changed numerous times, she had no chance to get legal advice, none of the contracts sent were asking her to be a guarantor either. Plus they would not leave until she had signed it.

    Shake down:

    These two men knew each other well before and were obviously in contact well after. They knew she owned a house and are coming after it.

    He has filed a court case against her, she is not in a good way and has had a number of health issues as well, i find this quite disgusting how someone could do this and i wont say what i want to do to him should we come face to face as he has ruined a family.

    The lawyer we had said it sounds like a shakedown, the way he has transferred the money could make it void and also adding a witness signature who wasnt there shows the sort of man he is and any right minded judge would surely see sense here.

    Does anyone have anything to add or could offer any advice.
    Tags: None

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