Advanced search

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Ex taking me small claims

(11 Posts)
Mumteedum Fri 08-Jul-16 22:39:40

My abusive ex h has told me he is taking me to small claims for lost earnings. It's utter crap and totally malicious.

We are now divorced. It's been a horrendous battle and I believe he's trying to get back at me because he had to pay me money for my share in our house. He's basically an abusive and unhinged man doing this for fun.

Do courts agree to hear all cases or is there chance it will be rejected on paper?

WellWhoKnew Fri 08-Jul-16 22:54:00

Won't be rejected on paper, I don't think. Unless you can prove that chattels were signed off as complete in divorce?

However, if he loses you can ask for your costs to be redeemed.

Collaborate Fri 08-Jul-16 23:13:55

OP mentioned lost earnings WellWhoKnew, not lost earrings. Not sure what chattels have to do with it.

Loss of earnings is not a cause of action. It's a type of loss, but he has to prove that it arises out of a specific cause of action, such as negligence or breach of contract.

Mumteedum Fri 08-Jul-16 23:28:37

Ohhh...i did wonder what wwk meant about chattels!

No contract. It's about the transfer of his business website from my web host account to his after we separated. He failed to backup his files, then demanded my log in information to 'retrieve' the files from me, which I refused. I got advice from tech support at web host on phone and they gave me the only files there, which I duly passed on. They told me that sharing my log in details was breaking contact with them and I should not do it.

He claims I withheld files on purpose.

I've no doubt he's bringing the case out of spite as he resents me having any money from the divorce, plus this comes 1 day after a scathing cafcass report to do with his behaviour in relation to our child.

WellWhoKnew Sat 09-Jul-16 02:29:08

Indeed she did. My mistake.

Collaborate Sat 09-Jul-16 05:18:37

Sounds like his claim would be impossible to quantify.

MrsBertBibby Sat 09-Jul-16 13:21:21

Did all this happen before or after your financial consent order was signed?

I can't see a court entertaining a claim that could have been resolved within the financial proceedings.

And, what Collaborate said.

Mumteedum Sat 09-Jul-16 14:04:51

At least a year before we got to court about finances. Sounds positive then.

I'm sure he has no case but obviously I don't want the hassle of more court proceedings. I've been through enough and this is just more harassment.

Is there any law about bringing malicious cases before court or something along those lines, as a matter of interest? I think it's possible he will do this repeatedly.

MrsBertBibby Sat 09-Jul-16 14:42:24

Courts can make a civil restraint order, to prevent cases being brought without first getting the Judge's permission, but those are generally used to protect the Courts, not individuals.

A non molestation order might be used to prevent further applications without permission, but I can't say I've ever seen it done.

Will going to court cost you in wages/leave/childcare?

Mumteedum Sat 09-Jul-16 14:56:30

Yes in childcare but not a significant amount. It is more time spent in preparation and the mental stress.

It seems wrong that abusive men can use courts to continue abusing ex spouses.

Mumteedum Mon 11-Jul-16 22:18:16

Solicitor confirmed finance was final order and he can't do this. Phew.

She's writing to his solicitor to tell him it's harassment.

Join the discussion

Join the discussion

Registering is free, easy, and means you can join in the discussion, get discounts, win prizes and lots more.

Register now