Friend's ex suing for items friend doesn't have and a made up loan.

[EmmKay13]

Hello. Posting on behalf of friend with their permission. Hoping someone can advise.

SHORT VERSION: Ex-partner demanding items that their ex doesn't have and money not owed.

LONG VERSION: My friend and their partner of 15 years split up 3 months ago (not married, no kids, both living in my friend's house). A year before break up, they weren't getting on and partner went to stay with parents for a couple of weeks, then ended up staying with them for months, which caused rows on the phone and they stopped paying rent to my friend. Even though all their belongings were still in friend's house and partner wasn't paying rent to parents. They just stopped paying for months to make a point / be spiteful.

About two months before break up, friend and partner were on better terms and even talking about partner coming back home and partner sent my friend £2k in lieu of rent (not that the £2k was even close to what they had missed paying).

Anyway, very long story short, the harmony didn't last and partner called quits on relationship and my friend asked them to come back to collect all their belongings. Partner replied, "Do what you like with my stuff. Burn it for all I care!"

I told friend to dump / sell ex's stuff, but friend decided to be the bigger person and spent an exhausting week going through the entire house and packing ex-partner's belongings into boxes. Ex-partner's brother collected all the boxes. There was so much stuff that they used a large van to pick it up.

Friend thought that was end of it. They didn't speak to each other again. Friend started getting on with life and looking to sell house and move for a fresh start.

Then recently a letter arrived, friend given 14 days to reply. Ex-partner has gone to a solicitor and demanding "missing items" from their belongings silly things like DVDs, clothes, frying pans, tools, books, nothing of any value, and also demanding the £2k "loan" they supposedly lent my friend!

Friend has been through entire house and everything of ex-partner's was packed up and sent off in ex-partner's brother's van. There's nothing left in the house that belongs to ex-partner.

They also certainly did not borrow £2k off ex either. Friend has bank statements to show that ex stopped paying rent for months, until the £2k token payment.

Anyway, friend panicked and ignored letter, and now been advised they are being taken to small claims court. Friend worried / incredibly stressed.

How can friend prove that they sent everything back and that the £2k absolutely wasn't a loan? Orvis onus of proof on ex? Friend didn't make an itinerary of the items as there was just so much stuff, but did get pics of all the boxes they had packed and filmed the boxes going into van. They actually only took pics and video just to send to me to show that it was all sorted. They also still have message from ex saying to burn the stuff as they didn't care.

I'm really angry, my friend has worked SO bloody hard after split, not just in their job, but around the house and on themselves as they were understandably devastated by split. Friend thankfully realises ex has done them a favour, as friend has been so much happier since dusting themselves down and starting to enjoy life again. Friend was in a good place when the letters arrived and it's really set friend back mentally due to the worry and having ex tormenting them.

Many thanks in advance for any advice.

The burden of proof is his, not hers.

He needs to prove the items exist and are in the house. Otherwise he could claim she sold his Lamborghini out from under him.

Also, she needs to be very hard nosed and counterclaim for the missing rent, every last penny of it, minus the £2k.

@Spirallingdownwards

The pre-action protocols state:

(b) the defendant responding within a reasonable time - 14 days in a straight forward case and no more than 3 months in a very complex one. The reply should include confirmation as to whether the claim is accepted and, if it is not accepted, the reasons why, together with an explanation as to which facts and parts of the claim are disputed and whether the defendant is making a counterclaim as well as providing details of any counterclaim;

The objectives of the pre action protocols are:

3. Before commencing proceedings, the court will expect the parties to have exchanged sufficient information to—

(a) understand each other’s position;
(b) make decisions about how to proceed;
(c) try to settle the issues without proceedings;
(d) consider a form of Alternative Dispute Resolution (ADR) to assist with settlement;
(e) support the efficient management of those proceedings; and
(f) reduce the costs of resolving the dispute.

If the court doesn’t think you’ve complied with the pre action protocols:

15. Where there has been non-compliance with a pre-action protocol or this Practice Direction, the court may order that
(a) the parties are relieved of the obligation to comply or further comply with the pre-action protocol or this Practice Direction;
(b) the proceedings are stayed while particular steps are taken to comply with the pre-action protocol or this Practice Direction;
(c) sanctions are to be applied.

16. The court will consider the effect of any non-compliance when deciding whether to impose any sanctions which may include—
(a) an order that the party at fault pays the costs of the proceedings, or part of the costs of the other party or parties;
(b) an order that the party at fault pay those costs on an indemnity basis;
(c) if the party at fault is a claimant who has been awarded a sum of money, an order depriving that party of interest on that sum for a specified period, and/or awarding interest at a lower rate than would otherwise have been awarded;
(d) if the party at fault is a defendant, and the claimant has been awarded a sum of money, an order awarding interest on that sum for a specified period at a higher rate, (not exceeding 10% above base rate), than the rate which would otherwise have been awarded.

I don’t think your suggestion complies with the pre action protocol and for this reason I think OP’s friend should send a more robust response to try to put an end to this and so she has a defense prepared if it does go to court.

Looking at the OP's punctilious use of 'they' for both parties, I don't think we can assume the friend is female & the partner male...for whatever difference that might make.

I don't think a court would be interested either way.

Friend owns house, invites partner to move in. Partner pays rent for years - but no mention of any sort of tenancy agreement.

Partner then buggers off, with vaguely open door to return, & stops paying.

Friend can't pursue 'missing rent' as partner never had an obligation to pay in the first place.

Partner sends friend £2k which both understand at the time to be in lieu of friend not having rental income coming in as partner staying elsewhere.

Partner now wants it back, but has no evidence that it was a 'loan' as this was not the understanding.

Friend waited until partner was definitely not returning before requesting partner's belongings removed. Partner said 'burn them', but friend went out of her own way to box them up.

Partner can't claim for supposedly missing belongings having effectively abandoned them. Friend can't claim storage as didn't object to storing or request removal.

Quits all round, I'd say.

It absolutely does. She has stated that the stuff was returned and she had never received a loan. Thus she has completely denied the claims. @nc14

As you have taken the time to cut and paste I stand by my statement you clearly aren't a solicitor, whereas I am.

@Spirallingdownwards In litigation? I was in a similar situation with my ex and got legal advice, I work in law and have had to make a few court claims myself, but no I’m not a solicitor. That said, I don’t assume my view is the right one, I just think it is the safer one, and also more likely to get OP’s friend’s ex to back off (re the counterclaim).

I agree with @Spirallingdownwards, it is in line with the protocols. This is not a nuanced situation but one where the defendant is simply factually denying that what's alleged took place. A straight denial is totally appropriate. Also a solicitor (litigation).

@Shroedy Even if that is the case my second point was a strategic one, I would think an outright denial in itself with just enrage OP’s ex’s partner more (particularly as he’s already engaged a solicitor) and make it more likely he will proceed with the claim, which even if she wins will be extremely stressful.

OP your friend should respond to the solicitor's letter with a simple, short denial as suggested upthread (ie I returned all their belongings via their brother and I have never received a loan from them.)
In the, in my opinion, unlikely event that the ex partner actually makes a claim - this would be paperwork from the court with a claim number and clearly marked as such, not just a Solicitors letter - your friend must enter a defence (this involves completing a simple form explaining their account of events) as ignoring actual legal proceedings is likely to end in a judgement being entered by default (ie the claim succeeding just because no defence was filed.)

It isn't what I would advise from a strategic position either. It is giving them an entry point to chip away at by suggesting there was a payment but it was rent. Simple, clear, factual. Don't get into debate.

I agree with @Spirallingdownwards and @Shroedy

A straight denial is the best response.

Yes in commercial litigation. 28 years qualified. Hope that helps.

Unfortunately not a good strategy.

It’s subjective and depends on the kinds of personalities involved. Commercial litigation is different to a personal dispute. I still think if she doesn’t go back strong and with a counter claim he’ll have no reason not to proceed with the claim.

He has solicitors involved so this is not just a personal dispute. You are playing as much to his legal advisers as the individual. And the strategy in commercial litigation would likely be very different.