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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have been issued with a County court online claim by

Resolved Question:

Hi...i have been issued with a County court online claim by my ex mother in law stating that my ex husbands father loaned me a sum 5 yrs ago to myself to secure the property i currently own (5 yrs ago i was still married to their son).
I did not ask for this loan and never recieved any money from them (my bank have checked all records). I believe that at that time the money may have been given to my ex husband and put into his account as he asked for the loan which at the time wouldve been his company account.
They are not pursuing him ,..just me. My ex husband has asked them to drop the case and he will repay this money..however they have declined and want to go after me as i have the house with my 2 small children(their grandchildren).Bearing in mind my ex husband as part of our divorce has an equity settlement in the house once our youngest child reaches age.
Myself and my ex husband jointly agreed when discussing the divorce that any monies owed to his family during our marriage he would be liable and take responsibility for and i would do the same with my parents. My parents accepted this arrangement subject to my children being provided for first. However i am not privy to any arrangements my ex husband did or didnt make to his parents.
Can you advise please? How can she sue me if the loan was not given to me and if it was given to my ex husband for both opur benefit then why am i being sued soley?
Many thanks x
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
Full Court online claim :-
This is a claim for £12,500 (plus 565 costs) £13,062 outstanding to Mr A wells from mrs L Johnson in regards ***** ***** loan to the the mrs l wells. The money was lent to her to secure the property she now lives in with her new husband. ~Until recently we have found out that this property is not in the name of our son Mr d Wells and mrs l wells but solely in her name. It was promised at the time of the loan that she would seek to obtain employment to repay this loan to us.
We have text on several occasions since the break up of the marriage asking whether she had yet managed to get a loan to repay the £12,500. We still have one text. There is no consent order and therefore the so called document attached to her solicitors letter is not lawful and therefore our son is not therefore liable for Wells family debts.
Expert:  Ash replied 1 year ago.
Hello and thanks for asking for me.
Have you asked for evidence yet?
Customer: replied 1 year ago.
Id like to point out 1 I never asked them for a loan (we didnt get on )
2 I never recived any money personally from them..and i have my bank statements to prove that.
3 I recieved 5 texts last year demanding money from them which i showed my ex husband and was instrusted by him to ignore them and that he would sort it out and i do have a text message from my exhusband stating that he did indeed tell his parents that we had decided to pay our own familys debts therefore he would pay this money.
4 My ex husband spoke to them as soon as i received this court letter and told them toi drop this and he would pay. However they declined.
5 My eldest daughter with david (she 10) has suffered enough from the constant verbal abuse from her grandmother about her mum and she has on many occassions been in a complete state as her grandmother shows her court letter as tells her we will have to sell our family home. Myself and my husband have both agreed no further contact between her and our children until this is sorted. x
Customer: replied 1 year ago.
I have spoken to several solicitors but get differing responses. ie ...marriage debt etc.
Customer: replied 1 year ago.
As part of our divorce there was supposed to be a consent order but im not sure if my solictor filed it. I am meeting her on monday.
Expert:  Ash replied 1 year ago.
So be clear it was never put into your or a joint account?
Customer: replied 1 year ago.
no we didnt have a joint account ever. he had a business account and i had a personal one in sole names.
Customer: replied 1 year ago.
sorry can i just ask to i need to pay the £50 plus the £36 for your help? apologies but know about the law and have 2 children to feed on low income x
Customer: replied 1 year ago.
sorry that was dont know and thankyou for helping.
Expert:  Ash replied 1 year ago.
Ok, then you are not liable. You should file a defence saying it was never lent to you, you never had the money and that you never signed any loan agreement,
Name your ex and say any payment went to him and as such you are not liable.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
what happens if my ex husband states that he used the money to pay towards the deposit of our house (which was put solely in my name as i was a first time buyer)...he is a weak man and wont stand up for me or the girls x
Expert:  Ash replied 1 year ago.
Then they still have a claim against him, not you. It's possible his share of the property may be liable to pay back the charge if it still exists.
Does that clarify?
Alex
Customer: replied 1 year ago.
Thankyou alex that will help x
Expert:  Ash replied 1 year ago.
Good luck.
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Customer: replied 1 year ago.
thank you and yes i will. x
Expert:  Ash replied 1 year ago.
Thanks!
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.
hi alex..ive heard back from the mother in law via the court and she has indeed stated that the money was put into my exhusbands account soley after lying on original court papers stating her husband gave the money to me. However shes now taking him as a witness to say i asked them for the loan (bearing in mind we practically hated each other and she has never given me £1 for anything during or since the marriage )and that i agreed to get a job (despite having children at the time of 4 1/2yrs and 1yr old and being a stay at home mum.

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