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Senior Partner
Senior Partner, Solicitor
Category: Law
Satisfied Customers: 13323
Experience:  Solicitor with more than 30 years experience
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I would like to know the possible outcome of a cash claim case

Customer Question

I would like to know the possible outcome of a cash claim case where :

The claimant lent defendant the sum of £6400.00 which the defendant said he required to pay for a years advance rent and deposit for a flat, but has failed to return the loan.

While the defendant has to say:
The amounts reflecting in the claim form are the monies recovered by myself from Mega Viswanath towards monies lent to her in Oct/Nov 2011 when she stayed with me at Flat 8, 2Blackdown Close, East Finchley, N2 8JF because she had no place to stay elsewhere as she was facing financial problems. Cash was given to Mega on the following dates:
22 Oct 2011 - £2000.00
25 Oct 2011 - £2500.00
06 Nov 2011 - £1200.00
14 Nov 2011 - £800.00

All payments were made in cash as Mega did not have any bank account in the UK. The total amount lent was £6500.00; however I only managed to recover £6400.00 (I have a witness for money paid to Mega who is happy to testify if required).

Secondly I am a professional banker and I was working for State Street Bank with an estimated income of approx £45000.00 (Evidence attached). I never had any requirement for any loan in the first place. Moreover, in case if I ever did require money, I would have either sought help from my sister and her husband who are well established working professionals in London or I would have sought a loan from any high street bank and not from an unemployed full time student.

Thirdly Mega Viswanath and I had jointly rented FlatXXXXXXXXXX Sidcup, Kent, DA14 4FF. The tenancy agreement which was signed by both Mega Viswanath and myself clearly states that the rent was to be paid monthly and that there was no requirement to provide advance rent for 1 year as claimed by Mega Viswanath.

All the expenses towards the flat (i.e. rent, deposit, electronic goods, furniture, council tax bills, utility bills, food etc.) were incurred by me which sums up to £5359.05. To date, no money has been paid towards these expenses by Mega as a part of her responsibility of joint tenancy.

I would like to know the likely outcome of such cases, where a claimant has used a debt recovery agent to file the claim and moreover the claimant is not a UK resident anymore
Submitted: 3 years ago.
Category: Law
Expert:  Senior Partner replied 3 years ago.
Hi - Has the claim been filed in court or are you simply responding to a claim from the debt collection agency?
Customer: replied 3 years ago.



The claimant has filed the claim in the county court and I have filed my defence against that. And now in a process of filling the N150 allocation questionnaire.

Expert:  Senior Partner replied 3 years ago.
ok well based upon that I would expect you to win but it is a matter of who the court believes. some of your defence is evidence not really defence. your defence is that you deny the claimant lent you money - it was the other way round, you lent her money most but not all of which was repaid. If you have supporting witnesses so much the better. It may be a try on - often the claimant fails to turn up.

Customer: replied 3 years ago.

Many thanks for your answer.

Is it mandatory for the claimant to be present at the hearing or her agent can fulfil the requirement ?

Expert:  Senior Partner replied 3 years ago.
If the claimant is an individual then they can only appear themselves or by a solicitor , they cannot use an unqualified representative who has no right of audience. A company can appoint a representative
Senior Partner, Solicitor
Category: Law
Satisfied Customers: 13323
Experience: Solicitor with more than 30 years experience
Senior Partner and other Law Specialists are ready to help you
Customer: replied 3 years ago.

So in this case, can this matter go further in court with her debt recovery agent Or will the case be called off saying that the claimant is not a UK resident ?

Expert:  Senior Partner replied 3 years ago.
IT does not matter that she is not uk resident that does not stop her form bringing a claim but only a solicitor or barrister can appear in court for the claimant otherwise the claimant has to appear in person and you can object if she does not turn up but you will need to attend court for the hearing.
Customer: replied 3 years ago.

Ok thank you. Can you give me an estimate of future legal expenses ?


Eg - court hearing fees, any other legal fees for defendant etc.

Expert:  Senior Partner replied 3 years ago.
You are liable only to fixed costs if it goes to trial which I think are £690 for a claim of your size. The claimant has to pay allocation costs and trial fees etc.
As defendant you generally do not have to pay costs.
If you win you will recover fixed costs.

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