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Original poster

Money claims

15 replies

missmeldrew · 01/08/2014 16:45

Last year I took my ex to court as he refuse to give me any of my personal belongings. Total amount was 1570. I won and currently chasing payment through the bailiffs.
Yesterday at a divorce hearing ex was ordered to pay costs for the divorce.
Today I've received a letter from money claims online for 1570. Ex is taking me.
Reasons for oweing him the amount are:
I haven't returned sunglasses he bough me- they were a gift.
I haven't paid him half for our ds phone contract - it's in exs name.
I've taken a TV and not returned it - I have the receipt.
He paid for a house reference check for me - he did this off his own back and I didn't even take the house.
I haven't replaced a mobile phone I apparently smashed - ds2 threw it at the wall.
Hahaha I have to laugh! Obviously I'm defending the whole claim.
What's his chances?

OP posts:
Original poster
missmeldrew · 02/08/2014 09:58

Ok so today also I've received a letter from court where is is now asking to "set aside counter claim- writ of control" for my claim against him!
Should he not have just turned up to court to do this in the first place? I've instructed baliffs, can he so this?

OP posts:
Original poster
missmeldrew · 03/08/2014 15:53

Anyone?

OP posts:
NorthWards · 03/08/2014 19:11

There is nothing specifically stopping him from filing. His chances are variable depending on the ability of the two of you being able to present a relevant burden of proof.

I don't quite understand you second post, would you mind clarifying?

Original poster
missmeldrew · 03/08/2014 20:04

I've received more forms from my claim against him, sounds like even though the judge awarded in my favour, he's still disputing it?

OP posts:
shewentthatway · 03/08/2014 21:10

Even in civil cases the defendant has the right of appeal, and counter suits are not that unusual at all. There must be solid grounds to file an appeal, and it must be done within a certain time limit.

If you have a watertight strong case then don't worry, it should be fine. I know it might be stressful so take a deep breath and Brew.

Original poster
missmeldrew · 03/08/2014 21:32

He's saying he given me my belongings. Granted he gave me some and I took off the cost of that. That's his only defence really. Should he not have just turned up in the dirt place to defend all this? I've instructed baliffs and they've attended the property once already.

OP posts:
NorthWards · 03/08/2014 21:48

In my opinion his argument is not particularly strong, unless he can prove that these items were his property and not gifts.

Whether you have instructed baliffs already or not is mostly irrelevant to the actual case, but if his counter claim goes through then the property/value will have to be settled.

Original poster
missmeldrew · 04/08/2014 10:11

They were womens clothes haha.

Whether you have instructed baliffs already or not is mostly irrelevant to the actual case, but if his counter claim goes through then the property/value will have to be settled.

Do you mean he will still have to pay?

OP posts:
NorthWards · 04/08/2014 18:00

It's not my field of law but if his claim is successful and you have already exacted goods from him via bailiffs, then you will have to pay him his claim and also be out the applicable fees for instructing the bailiffs.

The best course of action depends on how strong you think your case is compared to his own. And I don't know... some men like women's clothes Grin

Original poster
missmeldrew · 04/08/2014 18:37

So let me get this right, if he defends the bailiffs coming out to him (control of writ) and the judge overturns the original decision because he didn't turn up in court, then I'll have to pay the bailiffs for the visits they have already made to him?

OP posts:
shewentthatway · 04/08/2014 20:13

It depends on the contract you have with the bailiffs, but it is likely the company will want to be paid!

Original poster
missmeldrew · 05/08/2014 15:11

Does anyone know what this means?

Take note that:- this is now a defended claim. The defendants has filed a defence. This claim is suitable for small claims track. If you thinks it is not appropriate track for the claim you must complete a form by 29th August.

I get the defended claim part cause I defended it, whats the track part mean?

OP posts:
prh47bridge · 05/08/2014 16:15

People frequently talk about the small claims court. In reality there is no such thing. It is the small claims track. So this means the claim is going to be dealt with as a small claim unless you can show that is not appropriate. In your situation I would imagine you would prefer it to be dealt with as a small claim so you don't need to do anything.

Original poster
missmeldrew · 05/08/2014 16:26

Thanks. For what reason would it not be appropriate?

OP posts:
shewentthatway · 06/08/2014 00:26

It may not be appropriate if you think an out of court discussion or other legal course would be more appropriate, and they have given you until a date to present these as alternatives.

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