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JeremyT1020
JeremyT1020,
Category: Law
Satisfied Customers: 579
Experience:  Expert
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I need assistance in putting up a case for small claims

Customer Question

I need assistance in putting up a case for small claims under £5k. It will be against my ex who I won an appeal from the High court. I am fully acquitted of all charges now, I think this is the right time now to claim for the money she's unlawfully holding which she has also admitted to the higher court.
Submitted: 15 days ago.
Category: Law
Expert:  JeremyT1020 replied 15 days ago.
Good morning and thank you for your question. I'm a solicitor specialising in family matters and dispute resolution so I'd be delighted to offer some guidance.First and foremost, please would you confirm if you were married or simply partners/cohabiting? Secondly, please would you give me some details about the appeal? How much is she holding?Thanks, J
Customer: replied 15 days ago.
Here's a bit of background. My ex accused me of DV and assault case to get immigration to the UK, I lost the case initially from the magistrate court but later at the higher court appeal my barrister managed to convince the judge that my ex has scammed the whole situation to obtain citizenship of the UK.
At the time of my arrest, my ex admitted to the police which we can request to the police to provide the video evidence in which she admitted that she deposited my £2480 in her bank account. Also, when I was arrested she unlawfully without my permission withdraw £300 from my personal bank account. All of this was discussed in the appeal hearing which gave the ruling in my favor
Customer: replied 15 days ago.
I was married but now we are divorced
Expert:  JeremyT1020 replied 15 days ago.
Thanks for that - I'm sorry to hear about the hassle you've had. Out of interest, did you ever engage in any financial proceedings arising out of the divorce? How long were you married?
Customer: replied 15 days ago.
We were married for 2 years I think. No, financial proceedings arising out of the divorce.
Expert:  JeremyT1020 replied 15 days ago.
Thanks for the additional information. If she has admitted that she has unlawfully deposited money from your account, did you ever speak to the police about this? I suspect they would have fobbed it off as a civil dispute but I just need to go through a checklist so I can answer your main question.
Customer: replied 15 days ago.
Okay here's the thing
When I was being arrested at that time officer asked me have I got everything that belongs to me. At that time I have told the officer my watch and 5k cash is the wardrobe and I want to collect that money, officer asked my ex to go and get my money and watch, she came back with watch and half of the money, she said to the officer who was wearing bodycam at the time, that she had deposited remaining half of the money in her bank account. Also she deliberately hold one of bank card which she later used to widraw more cash from the ATM. I have reported that matter to the police which she initially disagree but later when video showed admitted and said she needed food for herself and her child
Customer: replied 15 days ago.
All of the above was used in my appeal and the judge also not very convinced with her reply when asked why she didn't admit to the police about cash widrawl
Expert:  JeremyT1020 replied 15 days ago.
OK. Thanks for that. You'd probably be best off making an application in the small claims court rather than the family courts. The thing about the family court is that you'd potentially spend a small fortune on the application fee and subsequent legal costs. Have you looked in to how you can make a small claim online? It's comparatively straightforward.
Customer: replied 15 days ago.
I want you to draft me the application which I am happy to pay for. Also, I was only looking for small court claim anyway
Expert:  JeremyT1020 replied 15 days ago.
That would be somewhat difficult for me to draft as the applications are done online. You'd need to set up an account and I could give you guidance on how to complete the sections.For the record, solicitors on Just Answer cannot act for a customer in the same way as a solicitor could if you consulted them at their firm (this is to do with insurance, etc). Just Answer is largely a Q&A site although we can review documents and offer telephone calls as part of the premium service. Actually drafting and filing orders and making applications is beyond the remit of what we can offer.In the first instance, you would need to consider offering mediation to your ex to see if you can reach agreement. I appreciate this is highly unlikely but you should probably send her an email and give her a few days to respond.Assuming she doesn't respond, you'll need to start filling out the details of your claim here: https://www.gov.uk/make-money-claimAs I say, I can give you guidance on the sections.
Customer: replied 15 days ago.
Let me check the link and I will get back to you soon
Expert:  JeremyT1020 replied 15 days ago.
No problems. Here when you need to carry on this conversation. Kind regards, J
Expert:  JeremyT1020 replied 9 days ago.
Good morning.  I note I have not heard from you for about a week so I trust you are happy with my answers to your questions.  I am now marking this thread complete.  If you do need to contact me again  please mark your question "FAOCustomer and I will get back to you as soon as possible.  In the meantime, thank you for this question and for using Just Answer.  Kind regards, J