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I would be grateful for some support and help from the LegalBeagles community of friends, please.
Issue
(a) I'm seeking help with breaking down a verbal agreement into it's component elements which align to the legal framework, and also what I need to demonstrate in a court of law.* I am finding this very difficult to articulate in support of a money claim which I have recently filed.
(b) How can I call witnesses who in fact are siblings of the debtor because I want to cross-examine them in front of the Judge.
Background
A once trusted relative borrowed various sums of money over a 2-year period. To date, they have paid back 2 thirds of the debt, leaving still a substantial balance unpaid, despite exhaustive attempts to engage with them. I filed a money claim and in their defence, they are counterclaiming alleging harassment. This has left me gobsmacked as no harassment has occurred or even an exchange of bad words except seeking clarification from them as to when the loan is to be paid.* The agreed date for settling the loan has been and gone, almost a year has gone past with the balance remaining unpaid. The borrower is in paid employment working as a contractor in the health service. I estimate their take home pay is around £2000 per week.
Constraints
(i) The borrower is alleging harassment & intimidation but has not cited a single harassment or intimidation incident;
(ii) They are claiming that the money was a gift, despite that they have repaid 2 thirds of the amount owing;
(iii) they're counterclaiming the same amount that is owing.
(iv) They are claiming that they did not receive the 'letter before action' which I had sent them several months earlier;
(v) In a separate development not linked to this issue, the individual has been suspended on full pay for theft from their work place.
(vi) They have substantially amended their defence and counterclaim only a week before the case management deadline to submit the 'Allocation Questionnaire' and my defence against the 'counterclaim' - do they need the Court's permission to do this?
(vii) They are saying that there was no witness to the verbal agreement, but I did ask them to speak to their siblings to confirm the loan at the relevant time when I was present
Legal framework
I would be grateful for an outline of the legal framework I need to work with please so that I can do the necessary research.
Please do let me know if you need me to clarify any aspect.* In the meanwhile, I would greatly value your advice and steer.
I look forward to hearing from you.
Regards
Mack65
Issue
(a) I'm seeking help with breaking down a verbal agreement into it's component elements which align to the legal framework, and also what I need to demonstrate in a court of law.* I am finding this very difficult to articulate in support of a money claim which I have recently filed.
(b) How can I call witnesses who in fact are siblings of the debtor because I want to cross-examine them in front of the Judge.
Background
A once trusted relative borrowed various sums of money over a 2-year period. To date, they have paid back 2 thirds of the debt, leaving still a substantial balance unpaid, despite exhaustive attempts to engage with them. I filed a money claim and in their defence, they are counterclaiming alleging harassment. This has left me gobsmacked as no harassment has occurred or even an exchange of bad words except seeking clarification from them as to when the loan is to be paid.* The agreed date for settling the loan has been and gone, almost a year has gone past with the balance remaining unpaid. The borrower is in paid employment working as a contractor in the health service. I estimate their take home pay is around £2000 per week.
Constraints
(i) The borrower is alleging harassment & intimidation but has not cited a single harassment or intimidation incident;
(ii) They are claiming that the money was a gift, despite that they have repaid 2 thirds of the amount owing;
(iii) they're counterclaiming the same amount that is owing.
(iv) They are claiming that they did not receive the 'letter before action' which I had sent them several months earlier;
(v) In a separate development not linked to this issue, the individual has been suspended on full pay for theft from their work place.
(vi) They have substantially amended their defence and counterclaim only a week before the case management deadline to submit the 'Allocation Questionnaire' and my defence against the 'counterclaim' - do they need the Court's permission to do this?
(vii) They are saying that there was no witness to the verbal agreement, but I did ask them to speak to their siblings to confirm the loan at the relevant time when I was present
Legal framework
I would be grateful for an outline of the legal framework I need to work with please so that I can do the necessary research.
Please do let me know if you need me to clarify any aspect.* In the meanwhile, I would greatly value your advice and steer.
I look forward to hearing from you.
Regards
Mack65
