It is for a contract from July 2013 that my wife and I signed, which acknowledges £19000 debt and it is to be repaid as soon as possible, which we are paying at £10 per month. It is also for several cars purchased as part of a business venture together that he now claims where in my temporary care from the time of purchase. He is also claiming for a loan of £1200 from last july.
He claims that I have broken verbal agreements regarding all apart from the debt of £19000 and I am in breach of agreement regarding the debt contract.
I have proof of agreements made in September and its review in January 2015 covering all this and the truth of each point raised. I have agreed to two of his settlement offers before deadline, the first he was to busy to deal with and when he did reply he demanded an additional £1000, to which I agreed and he then told me he dosnt care he is taking me to court.
Since then I have received papers from the solicitors his mother works for demanding full payment by this friday and all cars be returned, of which two have been sold.
Also they claim has been sent to my wife at her work, firstly only the £19000 debt has anything to do with her and secondly they havent written to her at home at all, just sent straight to her work.
This person has set out on a mission to destroy everything about me, emailing friends and family telling them I am being criminally prosicuted and they will be to if they have anything more to do with me.
I need to acknowledge the claim asking for time to seek advice before I present full response and then I need to find out how to do a full response...
I have had a quote of £7000 to defend this... Im an unpaid carer looking after severly disabled mother, a father with dementia and a wife with mental illness... he knows my position and he doesnt care at... to quote from his email in response to acceptance to second offer of settlement... "I would love nothing more than to smash your head in and watch you suffer"...
We have no assets apart from my wifes car worth about £1500, I am signed off work due to suffering mental illness and she has just started work... we have nothing... I lost everything after my breakdown 5 years ago... we are in extreme financial hardship at this time.
ok... but how do I write an acknowledgement of letter before claim to give us the time to do this?
But it is stating in the letter from his solicitor...
This letter is sent in accordance with the Pratice Direction on Pre Action Conduct (the PDPAC) contained in Civil Procedure Rules (CPR). In particular, we refer you to paragraph 4 of the PDPAC concerning the court's powers to impose sanctions for failing to comply with its provisions.
In accordance to this I have to acknowledge his claim within 14days
but why should we go bankrupt... we've just getting back on our feet after recovering from 5 years of hell... and now all we can do is go through even more hell because of his demands and threats..... Im not looking to run in shame from this... we've worked hard to get our lives back in order and now the only option we he is lying through his teeth, is for us to run and hide... I cant believe this is the best option!
I understand your point... if I acknowledge his claim asking for 28 days to seek advice, which is all I want to do at this time... I want to present everything and see what is recommended... i do not want to just run away... I'm not made like that...
I need an acknowledgement of claim that gives me the time I need to get advice from the CAB and the local free legal advice service and I need to stop further letters to my wife's work.
from there I'll be able to sit with my wife and decide on the best course of action.
I just need an acknowledgement of the letter to claim that covers the points raised...
28 days to seek advice and assistance and to stop further letters going to my wifes work...
I cannot believe that the claimant can treat my wife, my family, my friends and me like this since september last year and all that can be done is for me to go bankrupt... if this is English Law, its crazy!!!
We have suffered beyond belief with regard to this... this is crazy, absolutely crazy
Ok but what do I write?
I just need time Alex... I'm not trying to run from the debt or get away with it... I just need time to seek advice and then send a full reponse to the claim.
My first priority is at the moment is caring, which is very difficult at the moment due to my fathers dementia and his violence towards my mother who is disabled...
I just need to know how to write the letter so I get the time I need... what do I need to write?
I havent been served court papers yet... Ive only received a letter from solicitor advising court action will be taken unless I repond...
I have to write a letter of acknowledgement to the letter before claim to his solicitor
so simply write to them saying that I need 28 days respond in full and tell them where to send all future correspondence and service to... its that simple?