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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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I need to prove in court that the other party in a case received

Customer Question

I need to prove in court that the other party in a case received a payment into his account but at the same time the other party is suing me for a debt. How can I provide proof through the courts that the other party was paid? I have no doubt he was paid but the person who paid does not want to get involved. What should I do?
Submitted: 4 years ago.
Category: Law
Expert:  tdlawyer replied 4 years ago.

tdlawyer :

Hello, my name is Tony. I can answer this for you.

tdlawyer :

Have proceedings been issued, and if so, how much are you being sued for?

JACUSTOMER-mh77npop- : Yes. £4,624. He received funds belonging to me through an intermediary but is lying to the court that he did not. This amount is nearly £7,000. He is relying on me not able to provide the court with proof. This is my defence of set-off
tdlawyer :

Then you need to make an application to the Court for an order that he disclose his bank account statements to you. This is necessary as the Court usually only does this automatically for claims for more than £10,000.

tdlawyer :

The application needs to be made on Form N244, which you can get here: http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForm.do?court_forms_id=484

JACUSTOMER-mh77npop- : What if I don't have his bank details?
tdlawyer :

It asks you what order you're asking for, and you need to say you want an order for "specific disclosure of the [defendant's] bank statements."

tdlawyer :

You don't need them - he has to provide the relevant bank statements - that is his obligation under such an order.

tdlawyer :

You need to fill in the back of the form (Section C) and explain to the Court why the statements are needed for your case.

tdlawyer :

Then the Court will decide whether to order them to be disclosed to you. If they are relevant to the outcome, it is likely to order this.

tdlawyer :

Does this answer your question this evening as to how to get the bank statements?

tdlawyer :

Is there anything you would like me to address about this for you that I haven't?