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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 10104
Experience:  30 years as a practising solicitor.
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I am being taken to small claims court in Scotland debt I do

Customer Question

hello. I am being taken to small claims court in Scotland for a debt I do not owe the amount being £2000. this case has already been dismissed on the 21/1 this year. However on saying that the person taking me to court is my uncles exwife, I do have a letter signed by him stating he owes the money as it was givento him prior to their marriage a few years ago and she only asked for repayment when they split up. I also have a letter fromhis doctor stating he is of sound mind as he has very early on set dementia. Do you think this will be enough to help my case? Do you also think I should send copies of these to her Rep so as this goes no further? I amat my wits end withthis woman always finding ways to bully and pester me
Submitted: 5 months ago.
Category: Law
Expert:  JGM replied 5 months ago.

Thanks for your question. I am a solicitor in Scotland. Can you tell me why you are being sued for this money if it is your uncle that owes the money?

Customer: replied 5 months ago.
the money was given to my uncle when they were engaged in july 2013. they moved in together in sept that year and he was he was paying her back the loan from his account at that time at £200 a month from aug to oct. She than said as they were getting married in the December the money was between then it was finished with. However my uncle gave me some money as I was caring for him for 15 yrs before he married and he wanted to give ma a little start. She never mentioned the money again until after they were married. Then in 2014 both her and my uncle told a lot of lies a out me that he has since admitted. I have to clear my name. She asked me to pay back the money I received of the loan which I did ipaid back £400 at £100 a month form nov to feb 2015. She was satisfied with that and said that now it was all finished with. However they split up in July 2015 and she blames me for her divorce as my uncle came back to live with me and his brother. He has no other family. I have had to clear my name with social sevices as she accused me of druging my uncle while I was his carer. she has publicly branded me a prostitute going as far as speaking to my family about it. Told people that the only reason two men who brought up myself and my brothers single handedly would stay loyal to me is if I was committing incest with them. #this has affected me badly and I have had a nervous breakdown in the past year from it all. I attend my GP regularly. She just seems to have targeted me and wont leave me alone. I did wonder if I should send aletter to her rep with a copy of myuncles admission of the debt and a copy of his doctors letters.
Customer: replied 5 months ago.
there is no record of her given over the money but I do have a record of the money I repaid. Also of the £2000 that my uncle had that she is claiming he bought a large chest freezer and a larder fridge which I have proof of. They were moved into her home which became their marital home and they used these items together with all the food that was in the freezer approx. £500 of meat. she has not discounted that of the money, She sold these two items in 2014 keeping the money. This woman is unbelievable. The entire time she was married my uncle had no access to money not even a bank card. She sold a house we did not know she owned until they split up. We took him to the bank to have her removed from his joint bank account and found out that she had sold a house and had been moving thousands and thousands of pounds between bank accounts he did not know about as she was his appointee. We have reported all this to the DWP fraud department and sent them all evidence as she was also claiming benefits and housing benefit while having all this money. He was very concerned he would be dragged into something and he went straight away to them. I just want it all to end and get on with my life. this should be sorted out in their divorce and not involve me at all.
Expert:  JGM replied 5 months ago.

If your uncle gave you the money it was not a loan from her to you because she gave the money to your uncle. What he then does with it is nothing to do with her; her issue is with your uncle if at all and I think even then she would be hard pushed to make a case. You will have to defend this action as there is no legal basis for it as far as I can see. Happy to discuss further.

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