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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70279
Experience:  Over 5 years in practice
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Hi. In december i loaned a friend several thousand pound to

Customer Question

Hi. In december i loaned a friend several thousand pound to pay off councli rent arrears which they did.They now wont pay me and I have to go to Small claims court and they are denying the loan. Is there anyway i can legally gain access to their council rent details to show they paid the amount off through the courts?
Thank you
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

Can't you show the transfer to them please?
Customer: replied 3 years ago.

FOR JOM1972


Show the transfer to who?I loned my friend the money in cash and he paid the rent arrears off the following day

Expert:  Jo C. replied 3 years ago.
But surely you made a large deduction from your own account to make this payment?
Customer: replied 3 years ago.

FOR JOMO1972


Yes i did and i fully intend to show the Small Claim Court this transaction on my bank account. I was just wondering if through the court system i could gain access to their council rent account to show that they paid the sum off.


This would surely show the court that i had indeed given him the money

Expert:  Jo C. replied 3 years ago.
Thanks.

It would not prove it incontrovertibly but it would give rise to the inference that the deduction from your account had been given to him.

You can ask the small claims court to order the council to disclose this information. Its quite unlikely that you will be able to force the council to disclose this information but its quite possible that the defendant could be asked to disclose his records. That is ultimately something that its surprising he hasn't produced anyway given the issues here.

In any event though, if he doesn't produce his records you win either way because you will have the point in cross examination that he has not done so deliberately because he knows what it will show.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

Is it at the actual small claims hearing that i can ask the court to order the council disclose this information or can it be done before the hearing?


 

Expert:  Jo C. replied 3 years ago.
No , you make an application to the court for disclosure.

You can ask them to ask the council to disclose it or the defendant.