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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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I have received a Country Court Summons from my ex-partner

Resolved Question:

I have received a Country Court Summons from my ex-partner in relation to several direct debit indemnity claims that I made. All of the bills that the indemnity claims related to were in her sole name. I would like to email a copy of the claim form to you, along with a copy of my proposed defence to determine my chances of successfully defending the claim
Submitted: 3 years ago.
Category: Law
Expert:  Nicola-mod replied 3 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 3 years ago.

Thanks for your reply.


 


I'm ok to wait for a while


 


Many Thanks,


 


Jamie

Expert:  Nicola-mod replied 3 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 3 years ago.
Hello Jamie,

I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?

Thank you for your patience,
Nicola
Customer: replied 3 years ago.

Hi Nicola,


 


Please do continue.


 


Many Thanks,


 


Jamie

Expert:  Nicola-mod replied 3 years ago.
Hello Jamie,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  Ash replied 3 years ago.
Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Have you filed a defence or did you agree to pay please?

Customer: replied 3 years ago.

Hi Alex,


 


Thanks for your reply.


 


I haven't yet filed a defence.


 


I have pasted below the particulars of claim along with details of my proposed defence. Please let me know what think of my chances of success in defending this claim. If you think my defence needs changing in any way, please let me know, so that I can amend.


 



Value of claim = £2741.69


 


My proposed defence:


Lucy Fowler and I moved in together atXXXXX Ashford in March 2011. The agreement we had was, I would pay the rent - £950.00 per month and she would pay all of the utility bills and Shopping, which roughly equated to 50/50. It transpired that Lucy could not afford to pay. Therefore, I agreed to pay the utility bills and the shopping, as well as the rent and holidays etc on the basis that when her situation improved she would pay me back. In essence, we had a verbal loan agreement.


 


Lucy & I went through an acrimonious split in August 2012. Lucy point blankly refused to leave the property (22 Adams Drive) and move into a new property, even though I offered to pay her rental deposit and the first 3 months rent up-front. Therefore, My daughter and I left the property in September 2012 and rented another property in Ashford. Until March 2013, I was still liable to pay half of the rent onXXXXXas well as the full rent on my new property. The tenancy onXXXXXwas due to expire in March 2013. Lucy failed to leave the property and it was up for repossession in May 2013.


 


Since I leftXXXXXin September 2012, Lucy has made no effort to pay back any of the monies that she owes me via our verbal loan agreement.


 


My financial situation became dire during the latter part of 2013. When I was looking through my bank statements in December 2013, I noticed that a direct debit for £10.43 was being debited from my account on a regular monthly basis. Upon investigating this, it transpired that I was paying for Lucy Fowlers contents insurance policy. To make matters worse when Lucy moved out ofXXXXXin May 2013 she transferred cover to her now property:XXXXX Ashford and indeed the policy was renewed on its anniversary, I reported this to Swinton Insurance and advised them that I would be making a Direct Debit Indemnity Claim and that what Lucy did was tantamount to Fraud, as she used my bank details to pay for her insurance without my approval or knowledge. I am pretty sure that when Swinton renewed the policy with Lucy they would of asked her to re-confirm the Bank details for the direct debit and yet she still fraudulently gave them my bank details.


 


Shortly after this, I made several Direct Debit Indemnity claims, claiming back funds that to all intents and purposes were fraudulently claimed from my Bank Account. The bills that that the indemnity claims related to were in Lucy’s sole name and as stated above, these monies formed part of a verbal loan agreement between Lucy & I. Also as stated above, since Lucy & I split in August 2012 Lucy has made no effort to pay any of the loan monies back to me.


 


I was minded to make a counterclaim in this matter, as, I believe that Lucy owes me way in excess of £8,000. She also owes my company £1500.00. I decided not to counterclaim at this stage due to the fact it would be pointless, as Lucy is not in a financial situation to pay the amount of the counterclaim, I would like to reserve my right to make a counterclaim at a later stage, should it indeed prove necessary.

Expert:  Ash replied 3 years ago.
I can't see the claim form, sorry?
Customer: replied 3 years ago.

Sorry Alex, The Particulars of claim are now below and my proposed defence is within the above message.


 


Kind Regards,


 


Jamie


 


Particulars of Claim

My ex-partner JamieO'Connell,submitted a number of irregular Direct Debit indemnity claims returning funds to him that were paid towards various utility bills as part of our living together agreement as joint tenants for our previous address:XXXXX Ashford, where we shared a rental accommodation together as a couple between
18th March 2011 until 18th March 2013.


 


All claims made were against direct debits that were agreed and paid by Mr O'Connell and at no stage were there any errors in the time,
date or the amounts that these direct debits amounted to over the fourteen month period that they were paid.I now find eighteen months later that he has made backdated claims with all funds being returned to him and the debts now being incurred by me.


 


Having been advised by the citizens advice bureau these claims have been made,suspiciously in relation to potential fraud and discrepencies in the nature of the reasons for these claims.


 


Claim Amount = £2741.69

Expert:  Ash replied 3 years ago.
Ok - what would you like to know about this?

Customer: replied 3 years ago.

Hi Alex,


 


Thanks for your reply.


 


Based on the claim against me and my defence, what chances do you think that I will successfully defend the claim? Do you think it will go to trial, or will the judge just kick it out? Is my defence ok, or does it need to be changed?


 


Please advise.


 


Kind Regards,


 


Jamie

Expert:  Ash replied 3 years ago.
It will go to trial - I don't think it will be thrown out as there is some issue here for a Judge to decide.

I don't think necessarily you should counter claim as this may muddy issues.

But I think what you have said is fine and I think its likely to be a trial.

Can I clarify anything for you about this today please?

Alex

Customer: replied 3 years ago.

Many thanks Alex.


 


Much appreciated.


 


Kind Regards,


 


Jamie

Expert:  Ash replied 3 years ago.
If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

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Ash, Solicitor
Category: Law
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Experience: Solicitor with 5+ years experience
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