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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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My parents have issued the following proceedings against me

Resolved Question:

my parents have issued the following proceedings against me "Our son Simon has turned on all the family. We trusted Simon 100%. We had an old bank account in Simon’s name and if we needed to save for something we would put to one side for say a holiday. We paid £3000 three months before we wanted to spend it. Simon has always been well aware of this account. Simon never paid any money in and never ever drew any money out, until I went into hospital with a stroke. Without telling us he went into the bank and cancelled our card and has taken all our £3000 without our permission. We needed the money for Christmas and a holiday on Jan 5th. When his mum asked him for our £3000 he said he didn’t want to talk about it. He has not spoken to the family since. We ask the court for the return of our £3000"
i am not sure how to proceed but have returned the acknowledgement of service. I want to get this claim struck out but am unsure how to do it
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Was this account a joint one with your parents or was it solely in your name?
Customer: replied 1 year ago.
solely in my name and their claim that i knew about it is false
Expert:  Ben Jones replied 1 year ago.
Please can you tell me whether you have attempted to resolve this with your parents directly?
Customer: replied 1 year ago.
I did but my dad became aggressive and i needed police assistance to have him removed from my house, I have reported the use of the account to the police as identity theft.
Expert:  Ben Jones replied 1 year ago.
OK, thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 1 year ago.
I really do not see how they have a valid claim here because this was your own account and you would have had full access and rights to get anything in it. Legally, it is your account so anything in it is yours, regardless of who put it in there. They cannot claim that these were their savings and you unlawfully accessed them, they were clearly putting money in your account and they were aware of it. So to try and strike this claim out you would need to be arguing that it is a claim which has no reasonable prospects of success. This is made through an application to the court. This is your basic legal position. I have more detailed advice for you in terms of the procedure you must follow to make the application for strike out, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
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Expert:  Ben Jones replied 1 year ago.
Thank you. An application to strike out should be made using an application notice (Form N244): Contact the court to see what the fee for submitting this application is as you will need to make such payment with the application, The application should state that it is a strike out application and state the basis, such as that the claim has no reasonable prospects of success, then some more details of why, like this was your account and the money in it was legally yours. The application notice should also contain a request for the other party to pay the applicant’s costs of the application.