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Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
How long has it been since you borrowed the money? Also, would you have any bank withdrawal records to prove the large amounts of money you paid?
OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.
No problem at all.
Many thanks for your patience. There is nothing stopping the other party from initiating legal proceedings to pursue you for what they believe they are still due under this agreement. However, as it is their claim, it would be for them to prove to the court and convince the judge that what they are arguing is indeed correct. If they are claiming that you made goodwill payments to them, then that would certainly be questioned – what was the actual purpose of these payments, was there some other reason as to why you would have made them, is there evidence to support that, etc. People do not just send money out of ‘goodwill’. Maybe they will if they are close family and help each other out or if there is clear evidence that someone has agreed to do this (i.e. conversations to back this up), but in the absence of such evidence it is unlikely a court will just agree that they are goodwill payments for no apparent reason. So in the circumstances it may be best if you advise the other party that they will unlikely have the required evidence to convince a court these payments were unrelated to the loan repayment and that such a claim would be a waste of time. Not only that but you will also hold them liable for any legal fees you have incurred as a result of having to defend this. In conclusion, as mentioned they cannot be stopped from issuing a claim but they would also be required to prove what they are trying to claim is true.
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