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familylawexpert
familylawexpert, Family Solicitor
Category: Family Law
Satisfied Customers: 311
Experience:  Substantial experience (14yrs +) in divorce, financial cases, cohabitation, pre-nuptial agreements and civil partnerships.
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Hi, I am looking for some assistance. My Ex partner, as

Resolved Question:

Hi,

I am looking for some assistance. My Ex partner, as then we were on friendship terms, in September 2012 offered to give me money for a course. I did not ask him for this he offered the money and nothing was discussed about paying this back. I offered as a good will gesture but he said not to worry about it. Through the months he brought me and my son gifts that i never expected or asked for. Over the next few months our friendship dissolved and he slated my reputation in our small town that i lived and worked in. i was worried for myself and son as i felt he was getting very possessive and would send me random messages and try to get me to communicate with him. I decided that i had no choice but to move 400 miles away. Since i moved, around 4 months, i had an invoice from his company saying i owed him the money back for the course and that i had 30 days to pay. i did ignore this as i did not have that impression when he gave me the money. Again a month later had another invoice, this time i was worried and scared and decided to ask my brother in law for help. He contact the company and asked what was going on , where was the documentation for the agreement of the money. They said they would send this via email, im still awaiting this. After that i had a debt collector letter saying pay or i will get taken to court. Again now more scared/harassed, as i am a single mum and he knows my address, that he would turn up on my door. My brother in law again contacted them and again explained he gave me the money and that he had already requested confirmation of an agreement/contract as not provided before. they said there was nothing but an invoice from the company. My brother in law then stated any company could make an invoice up but without agreement/contract signed and that i was getting harassed by him now. 4 days ago i have received a small claims letter. I am feeling very low on this and i m worried and scared what is going to happen. Through this period of time he has also included me into 3 of his company emails to his associates, which were private and confidential. This to me is another way of letting me know he is still around. And then a few weeks ago a friend of his tried face timing me. I am getting more anxious and scared of this situation and feeling so harassed i would really appreciate some assistance.
Submitted: 3 years ago.
Category: Family Law
Expert:  familylawexpert replied 3 years ago.
Hello,

My name is Mac. I can help you with your question.

Your brother-in-law is doing the right thing to help you. There is no contract or agreement between you and this company. Even if there was an agreement between your ex and you, the company and he are different legal entities, and the company cannot simply assume involvement in such an agreement (I accept that, in any event, there was no agreement).

If you resist his application in court, I would expect the company's claim to fail. However, I understand that anything to do with Courts can be stressful, so I would recommend that you take someone along to help you when you go to Court (your brother-in-law sounds sensible and together enough for this!).

Of course, the alternative to a slightly stressful experience would be just to pay the money, but you might not be able to afford it, and you shouldn't have to pay anyway.

He's bullying you and I don't expect a court to support this claim once the facts emerge.

On the general harrassment front, I recommend you start keeping a diary of all of his actions. If you find in a month or so that it is still going on, you could take the diary to the Citizens Advice Bureau and ask if there was sufficient bad behaviour to enable you to get a restraining order.

I hope that is helpful. If you would like me to clarify anything, please ask. If not, I would be grateful if you could rate my answer.

Regards,
Mac.

Customer: replied 3 years ago.

Thank you for your reply.


 


so i send back the defence and counterclaim section and as i now live so far away i can request a court local to myself? Can i request for my ex not to be there due to the harassment and that i physically don't want him to see me.


 


Do i submit all my evidence when returning the form or just a detailed defence like i have written to you?


 


Thanks again.

Expert:  familylawexpert replied 3 years ago.

Yes - you send back the Defence and Counterclaim. In your Defence you should specifically deny that there is any agreement between you and the company, and put the company to strict proof on that point.

Yes - you can request a court nearer to you.

No - you do not submit documents with the Defence.

No - there is no real basis at this stage for asking the court to exclude him.

I hope that is helpful.

Mac.
familylawexpert, Family Solicitor
Category: Family Law
Satisfied Customers: 311
Experience: Substantial experience (14yrs +) in divorce, financial cases, cohabitation, pre-nuptial agreements and civil partnerships.
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