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Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 6741
Experience:  Solicitor
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I am a claimant in debt case at Oxford County Court 30 Sept

Customer Question

I am a claimant in debt case at Oxford County Court 30 Sept 2016. I am claiming against the defendants as an unmarried couple for a £1000 loan that I gave them both for deposit on house rental. The male partner states that neither he nor his female partner received the loan. I have lots of emails to male partner about the loan, and they had never previously denied getting the loan The money in cash was handed to the female partner in the presence of the male partner, both agreed to my conditions for the loan that included paying it back on or before end of tenancy. Can I summons the female partner to appear in court as a witness so that she be asked in court if she took the money? If I can summons do I as litigant in person issue N20 form, If cannot summons what else could I do to help my case?
Submitted: 1 year ago.
Category: Law
Expert:  Jamie-Law replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

Have you named the female partner as a defendant?

Customer: replied 1 year ago.
The male & female concerned are both named as defendants in the case
Expert:  Jamie-Law replied 1 year ago.

Has it been allocated as a small claim?
Have they filed any evidence?

Customer: replied 1 year ago.
allocated as small claim they have not filed any evidence as far as I know at least I have not received copies. On reply form they stated they never got the loan
Customer: replied 1 year ago.
I have made a full statement of all transactions, conversations, emails etc that went on regarding loan including witness statement from my mother. Until court case there was no denial regarding loan. My mother has £6.5K judgement against male for a separate loan, which is paid monthly £100.
Expert:  Jamie-Law replied 1 year ago.

Yes in that case you can. You need to make an application to the county court. If granted, the court will issue a summons. You then need to have it personally served upon the person you want to attend and offer travel expenses.

So yes you can apply for a witness summons even to a small claim.

Can I clairfy anything for you about this today please?

Customer: replied 1 year ago.
OK, thanks for your advice, however I believe the N20 form needs to be served 7 days before the court hearing on 30 Sept 2016. I am too late now as my query was submitted 4 days ago when there may have been time for me to get the summons served. I suspect the female defendant may not appear in court and the male maintains she did not receive the money. As litigant in person I have proof of bank cash payment that was handed over as loan. Can I ask the male where the money came from and ask them to prove they had sufficient funds to make the deposit payment them selves. Do you have any tips how to handle my case to convince judge that the loan was made?
Expert:  Jamie-Law replied 1 year ago.

Looking I did ask for further information on 20th September and it appears you replied on 23rd. You can also ask the court to abridge service.

Yes you can ask the male where the money came from no prove as such.

You are the claimant, you just need to prove that on balance your version of events is more likely than not.

Does that Clarify?

Customer: replied 1 year ago.
OK, I thought I gave enough information in my initial query to answer as you have now. I can only blame myself about delay for not being absolutely clear that both defendants were named on the claim. I believe I have a good statement, a witness and plenty of other evidence that indicates that my version of the facts are indeed the truth.In your statement "Yes you can ask the male where the money came from no prove as such." What does the term "no prove as such" mean. Does it mean I can ask the male where the money came from without him presenting proof of that fact even though I know that at the time, I knew his financial status meant he did not have the funds?
Expert:  Jamie-Law replied 1 year ago.

Sorry, my faulty for not being clear. You can ask them to prove it where it came from, you can ask those questions.

So yes you can ask without him presenting proof. Ideally you want proof to challenge, but that does not stop you from asking.

Remember, all you need to show is on balance your version of events is more likely.

Does that clarify?