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MARTINT330
MARTINT330,
Category: Law
Satisfied Customers: 2039
Experience:  Expert
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I would love to speak with someone via regarding a smalls

Customer Question

Hi I would love to speak with someone via regarding a smalls claim issue
JA: Where are you? It matters because laws vary by location.
Customer: West midlands Wolverhampton
JA: What steps have you taken so far?
Customer: I am the claimant. We are at the Hearing stage
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I just need to know the likelihood of me winning. I am suing a deceased estate, which is my child, but the ex girlfriend is claiming that she doesn’t know of any money owed to me
Submitted: 8 days ago.
Category: Law
Expert:  MARTINT330 replied 8 days ago.

Hello, my name is***** hope you are well today. I am a qualified Solicitor, and I will be able to help you by providing you with an answer to your question today. I specialise in UK and Irish Law. I am not always online but rest assured if I do not respond immediately I will respond when I return.

Expert:  MARTINT330 replied 8 days ago.

Is there anything else you feel is relevant to your question or anything else you would like to add before we continue?

Customer: replied 8 days ago.
Can you help me to prepare a statement for court. I am not sure about the process.My case
In 2011, I borrowed some money from the bank and opened a hair and beauty shop on my son’s behalf. Both he and the girl managed and run the shop. The shop supported them, not me. I also lend him some of my own money. Anyway he started repaying the loan but defaulted 2013 on the grounds that the business was not making enough money. So I had to start paying £1 token to the bank to keep the loan alive, which continues t. In 2015 he paid in some more money on the loan and in 2016 the girlfriend paid some. In 2019 my son died suddenly and left an insurance of £200, 000. The girlfriend received the payout because she has his children. I never seen the policy even though my son gave me the details.When he passed I asked the girlfriend to pay back the debt, she did not want to so it ended up in court. She is now saying that she did not enter in any agreement with me and she doesn’t know about any existing debt between me and my son. I am suing the estate, but I really do need some help with statement.I have a written agreement between me and my son that the money was a loan. I was the one who opened the shop my name was on everything. Now the girlfriend is claiming that my son gave her the shop and she sold itThe court gave me a judgement and the writ of control because the defendant did not respond in the first instance. On the 18th she is looking to get the case set a side. How can I defend this. She did not sign anything, yes she knows about the loan. Prior to the opening neither her or my son was working.Do you know how this will work. I heard that the defendant will state why it should be set a side and then I will have to speak. So please I am seeking some help with this statement and any other information that is necessary to know. Thank you
Customer: replied 8 days ago.
I have to speak with you first before any payment please
Customer: replied 8 days ago.
Can you let me know when will we speak. Please text
Expert:  MARTINT330 replied 8 days ago.

I see, In this case, I would advise you to make small claims to court against them. You should write ‘Letter before claim’ at the start of your letter to show this is a formal letter. Your letter should include:

  • your name and address

  • a summary of what’s happened

  • what do you want the person or business to do about it

  • how much money do you want - like the cost of repair or a replacement - and how you’ve calculated that amount

  • a deadline for the reply - usually 14 days

  • that you’ll start court proceedings if you don’t get a reply


You should also say that you and the defendant both have to follow the court’s rules on what to do.

You should say: ‘I refer you to the Practice Direction on pre-action conduct under the Civil Procedure Rules, and in particular, to paragraphs 13-16 which set out the sanctions the court may impose if you fail to comply with the Practice Direction.’

Expert:  MARTINT330 replied 8 days ago.

However, if you don’t get a reply or you’re not satisfied with it, you can start your small claim. Print and download this form: Form N1

If you need help with the N1 claim form, you can contact the County Court Money Claims Centre. You’ll need your case reference.

County Court Money Claims Centre

Telephone: 0300(###) ###-####/p>

Monday to Friday, 8.30am to 5pm

Email:***@******.***

Expert:  MARTINT330 replied 8 days ago.

Is there anything else I can help with today?

Customer: replied 8 days ago.
I already made the claim against her to the court, but the defendant is saying that she had no knowledge of the existing debt between me and my son that’s why there is a hearing for her to state her defence. So it can be set aside . The statement I need help with, is to counter her defence in court and give me a strong argument. Please ring me so we can talk more. If I have your number I would ring instead. I look forward to hearing from you. If you can help me with the statement and guide me, I will pay the £44. Thanks
Customer: replied 7 days ago.
Hello, I saw you online earlier. I am just reminding you that you haven’t help me as yet. Please I still need your help
Expert:  MARTINT330 replied 5 days ago.

Good evening, have you requested and received a call?

Customer: replied 5 days ago.
I have requested, but I did not receive a call.
Expert:  MARTINT330 replied 5 days ago.

Good morning. Upon checking, you didn't request a call. You should request a call. Once you request a call, the request will also be available to other experts and my colleagues as well.

As to your enquiry, unfortunately, here on JustAnswer, we are prohibited from accepting formal instructions from the client (e.g., preparing for your statement to counter the defendant's defence in court). However, I can provide you with a link to locate a solicitor close to your postcode - use the following link: https://solicitors.lawsociety.org.uk/

Expert:  MARTINT330 replied 4 days ago.

I will refer this to customer care for you for a call.