#21
It was provided as a gift - however your protestations of gratitude modified this to turn it into a loan. You promised to repay, then reneged.



At court it will not be the slam dunk - being 'verbal' is just as believable and where your defence may fail is when the judge evaluates both of your stories. He may decide on the on the balance of probabilities that you did indeed agree to repay the money out of gratitude, and the claim is allowed.



There is no certainty of a free pass to the money you accepted - so you may be happy to be classed as a man of straw who's word is not to be trusted, but it's not something I'd be happy about.



It's your decision - and your CCJ if the court finds against you.

#22
Won't make a judgement either way as it doesn't sound that cut and dried one way or the other.



The only advice I would say is make sure you respond in the correct timescales to the court action and turn up for the case in court as if you miss any of these the ex can apply for judgement asap and win without any evidence even being looked at.



If you have the money you could offer full payment in return for the case being dropped. From a point of view of the CCJ if one is awarded if it is paid in full within 28 days of the judgement you can ask for it to be removed from your credit file etc.



Ali x

#30
Thankyou all for your responses, i am going to put this as my defence:



I defend this claim due to the below reasons:



1 - I started a full relationship in Nov 09 with the claimant having known the claimant (in a casual relationship) for approx 18 months before this date.



2 - No such loan or agreement exists either verbally or in writing concerning the £3000 transferred into my bank account on 14.12.09.



3 - At this time i had no personal debts of £3000 as claimed by the claimant and the money was used for help towards moving house, settling final bills from existing property, christmas presents, I had moved closer to the claimant as the relationship had become that of an exclusive one, (ref 1 bank statement dec 09 - feb 10). At the time of the gift i offered to pay this money back but was immediatley refused.



4. The CSA back payment was £1525 (approx) and not £17000 as suggested by the claimant (ref 2 bank statement oct 2013 - nov 2013) i did not agree to repay this money knowing i would only get half the £3000.



5 - The CSA overpayment was not identified until Jan 2012 so why would i (in the claimants statement) secure a debt in 2009 not even having made the overpayments at this time nevermind identified how much?



6 - In early August 2013 the relationship broke down and i ended the relationship by moving to a different property. As soon as the relationship had ended i recieved a series of txts requesting i repay this money and within the series of txts at this the claimant refferred to the £3000 as a "loan", this is the first time the money had been refferred to in this manner.



7 - I believe the claim is the vexatious revenge of an ex-partner who is using the courts time to harass and cause distress to myself. The claim is based on total fabrication of facts and heresay (as outlined above).



Not sure if this is considered "waffle" and tried to stick to facts aswell as getting the story across.



I will update everything that happens with this case....



Again thankyou all

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