Re fast track county court

[wannabestressfree]

I wrote not long ago about my mother giving me/loaning me some money to pay a debt to a builder and changing her mind after a couple of weeks and now deciding to take myself and my partner to court. I need some more advice if possible
Main bits are though....
Money was leant to pay builder. Have helped her financially a LOT.
I wrote on a scrap of paper 'you can have it back when I have got it'
Money went into my partners account not mine.
He was not privy to anything other than my mother saying 'I want to help' and putting it in writing.
Mother than decided a. Another cheque she had written me had been altered- Barclay's even said they had made a mistake and she was now worried I could never afford to pay her.
She started walking into my house shouting and frightening the children. Sending five page letters to our work (we are teachers) and then solicitors letters.
It is now going to county court.
I have admitted I owe her the money (as I do) have been paying her back. As soon as I told my siblings this she stopped the money.
My partner has defended the claim. It has been allocated to the fast track.

We need help. As he is disputing the claim does he have to go to mediation. She is a narc. I gave my financial details to her solicitor and she photocopied and gave them to my sibs. My brother who works in finance has been in both my and my partners credit files.

We Don't know what to say on this form..there is/ are no expert witnesses. Just pages of ranting and her word against his. We are just not sure what to say.

Any advice would be hugely welcome.

Any mediation won't allow bullying ,so this needn't be one of the things you're worrying about .

Thanks ginge. I know we need to deal with this....

You do not need to go to mediation before it goes to court.

If you have admitted owing the money then judgment can be sought against you and your mother can then potentially start bankruptcy proceedings against you for the full amount. Given this risk, you should consider making a reasonable offer to settle it as soon as possible.

If your partner has received the money then he is likely to be liable to pay it back (subject to a possible legal defence of "change of position", eg if he did not realise it was a loan and thought it was a gift and therefore spent it). This is complicated as a defence however and without all the facts it isn't something that can be advised on. He will also potentially need to pay your mother's costs (ie legal fees) if he loses.

So she can make me bankrupt even though she willingly leant me the money and I am paying it back? Great.
I told him it was a gift to us to clear the debt to the builder. I have admitted this and he put it in writing. I will stand up in court if I have too.
We really have nothing to offer hence me excepting it in the first place against my better judgement.
I have all the messages where she says she will help etc.
I will just wait then and see what happens. I have started payments again and sent offer and financial to her solicitor. I have yet to hear anything back.
My partner has until the 8th to send back his directions questionnaire and both attempt to agree directions with other parties (I can't see how if he refutes it) and serve copies.
I suppose he can only reiterate his defence and the fact I have already said I owe her the money.

Have had threats of violence tonight by text regarding what was written in my partners statement. Is it worth sending screen shots to the court to explain why 'sitting down' is unlikely.

I would say so yes. Or police for threatening behaviour/harassment

Bump please....
Just wonder if anyone else had any advice? I actually feel like I am cracking up. It's really exacerbating the illness I have..
I still haven't heard anything about my form. I wish I could emigrate..

If you admitted liability you possibly won't get a DQ to fill in, but the Court can't list the matter due to there being 2 defendants, one of whom is denying liability.

The DQ is actually quite simple to fill in as it's not compulsory to fill out every box.

You just say there's no expert witness if there isn't one, for instance.

I can help you fill it out, but can't advise on this issue as I don't do money claims.

We already have it :( I have heard nothing but he has to fill it in.
They are saying 30 weeks for fast track. I am going to carry on paying money over. He also received a letter from my mums solicitor and it says 'we have to endeavour to agree a draft order with you' and suggests an order...it's non specific just asks for documents and evidence (we only have letters and texts)
Do we send back the dq and a copy to the solicitor?
I really appreciate your help

He has a DQ to fill in but you don't? I'm not quite understanding what you're saying about having heard nothing but he has to fill the DQ in. Sorry, I might be being dim.

They want to agree Directions with him. Which is the Court timetable. It will include disclosure, witness statements and the Schedule / counter Schedule usually. He doesn't have to agree theirs but it'll save him drafting his own if he does agree theirs. Most places draft what's known as 'standard' Directions for Fast Track matters unless there's something specific going on which needs its own Direction (in my line of work this is often outstanding medical evidence or mandates we want the Claimant to provide).

Once you've filled the DQ in yes you send it to Court and to the other side. Failing to send it to Court will result in an Unless Order giving you a deadline to file it before your case is struck out.

Sorry we are both named on it..
I admitted liability and have sent my financials to my mother's solicitor and an offer to pay. She has given copies of this and my partners defence to my siblings :(
I have heard nothing back.
My partner has had a DQ to fill in and return and the timetable. We aim to do that this week...

When it says about mediation can we say there has been threats hence our reluctance to sit down? Also does he need to agree to mediation if he refutes owing the money?

wannabe some mediators conduct mediation with people in 2 seperate rooms .Perhaps that would be more suitable for you ?

You really, really need proper legal advice. Check whether your home insurance included legal cover. Then maybe approach a solicitor to see if they would act for you under a CFA.

I have an appointment with citizens advice this week. In an ideal world it wouldn't be an issue but we really cannot afford it and I have rung around. It's just a case of understanding the paperwork.
There is very little evidence/ statements etc. It's just one person's word against another.

We may suggest shuttle mediation.
I appreciate everyone's thoughts and help.

All.paperwork gone.....and now we wait.

Hope everything turns out fairly for you xxx

Thanks toast xx

Well she sent me a long ranty letter yesterday by recorded delivery and included cheques for all the money I have paid saying she won't accept it....
She just wants her day in court. I have had my acknowledgement to say it will be heard locally..
Everytime I try and pay she blocks it. Ffs..

What a farce. The judge will likely tell her to get stuffed if you can show proof that she agreed to the loan and demonstrate that you are paying it back.

Exactly! Everytime I try and resolve it she sends a ranty letter....she does have previous for this. Her solicitor won't be aware either. I will just keep a note and keep trying to send it.