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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I recently made a moneyclaim application for money owed to

Resolved Question:

I recently made a moneyclaim application for money owed to me by my ex when I took out a loan for her to start up a business on a reasonable rate of interest and return over 10 years. ( 15,000 GBP) She did not open the business and had spent the money saying she will repay nothing.
I withdrew the application because since we have separated she has been refusing all contact with our 5 year old son and I have discovered that she is on benefits and not in a position to repay. Can I reopen the application at a later time when she is in a better position to pay or continue with the application now that a contact order is in place.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

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.

Alex Watts :

Did you discontinue the claim or just stop progressing it please?

Customer:

I discontinued the claim as I thought it was putting undue pressure on my ex when i discovered she was already on benefits and not in a position to pay as well as threatening no contact with our son.

Customer:

Acrually I am not certain whether I discontinued or just stopped progressing it. Does it make a difference?

Customer:


I discontinued the claim as I thought it was putting undue pressure on my ex when i discovered she was already on benefits and not in a position to pay as well as threatening no contact with our son.






10:08 AM



Acrually I am not certain whether I discontinued or just stopped progressing it. Does it make a difference?



Alex Watts :

If you discontinued it then you can NOT start it again

Alex Watts :

This means if you issue again it will be struck out as an abuse of process

Alex Watts :

If you withdrew or discontinued then this will be the position

Alex Watts :

If you just stopped, ie did not progress the claim further rather than discontinue then you may be able to revive it if you make an application to the Court and convince a Judge to allow you to

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

How do I check whether I have withdrawn or discontinued my application. I simply cannot remember

Customer:

How do I check whether i have discontinued or withdrawn my application. I simply cannot remember

Alex Watts :

You need to ask the Court.

Alex Watts :

Does that clarify?

Customer:

Thanks. Thats clear.

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