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clairep80
clairep80, Solicitor
Category: UK Bankruptcy Law
Satisfied Customers: 33325
Experience:  lawyer with 25 years experience in family and wills and probate
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In Febuary\March 2014 I lent my at the time girlfriend some

Customer Question

In Febuary\March 2014 I lent my at the time girlfriend some money and money to buy a new car. We broke up shortly afterwards, but she agreed to repay me the money back she had borrowed, and although there was some missed payments she paid me back £55 a week, increasing this to £65 a week in February 2015 after several missed payments around December 2014 and January 2015.
In February 2015 I lent her a further £2500 as a seperate agreement towards paying for signage for her shop after her boyfriend (and as a result her ex-boyfriend) had promised her money towards this but did not have the money to give her. She agreed to pay this back at £100 a week or £200 a fortnight but by June 2015 only £300 of this had been repayed.
She stopped paying back the repayments with the last being on 10th June 2015, after I had sent her a loan agreement to sign which she refused to sign. She had originally verbally agreed to sign a loan agreement, and I have text message from her dated February 2015 agreeing to a written agreement for both the loans.
On 17th March 2015 she sent me a text saying that she needs to make a will and make sure her car is left to me. Also saying that if she died she would make sure I would get my money back through assets.
On 9th May 2015 She sent me a whatsapp message which asked me to get legal documents drawn up for the money she owes me and to send them to her.
Around the end of July her house was repossessed as she had not been making mortgage repayments. She moved but refused to give me her new address. (I asked her once, just saying it would be useful to have her new address).
Before her house was repossed, On 9th July I sent her a letter regarding repayments for the February 2015 £2500 loan which had not been repayed to her current home address.
I submitted a small claim online for the £2500 loan on 31st July 2015 using her business address as I did not have her new home address.
The MCOL details show:
You submitted a claim on 31/07/2015 at 10:55:42
Your claim was issued on 03/08/2015
You submitted a judgment against Miss Sarah Carberry on 25/08/2015 at 01:55:43
Your judgment against Miss Sarah Carberry was issued on 26/08/2015 at 19:19:44
You submitted warrant 0A121908 against Miss Sarah Carberry on 18/09/2015 at 03:10:47
Your warrant 0A121908 against Miss Sarah Carberry was issued on 21/09/2015 at 19:21:21
An application to set aside (remove) judgment against Miss Sarah Carberry was submitted to the court on 29/09/2015
The bar in place for Miss Sarah Carberry was removed on 29/09/2015
A bar was put in place for Miss Sarah Carberry on 29/09/2015
Your claim was transferred to WIGAN on 29/09/2015
What happened was she did not reply to the claim, although I had told her about it in text messages in August 2015, which is when she offered to sell her business to repay the loans in full.
She then applied to have this set aside on the basis it was sent to her business address using her previous married name which she is not known as. It was transferred to her local court. I attended but she did not, instead sending an E-Mail saying that she had a miscarriage and was unable to attend. A new date has been set for early February 2016.
Details she wrote on the N244 are:
"Application to set aside a default judgement. Claim was sent to me place of work in a name I am not known as by my ex-boyfriend who I won't give my address to."
"This claim has been made by my ex boyfriend after I wouldn't give him my new address after moving house. There is no legal agreement in place and the claim was sent to my work address under a name I haven't used for 4 years due to divorce. I did not recieve the claim form and I wish to defend it".
The payments she had sent were from the name she claims she has not used for 4 years, and she also sent me a copy of her house eviction court order dated 25th May 2015 which was also in her previous married name, as Miss Sarah Carberry. Her E-Mail address which she also wrote on the N244 also is carberry81@ and I remember when I was at her business her profesional qualification certificates were on the wall with the name Sarah Carberry shown.
I would like to know what my chances are for having the judgement for this to be set aside at the hearing refused, based on what she has said and the evidence I have which include bank statements showing payments from her and text messages I have regarding repaying the loans. I know she is going to say there was no legal written agreement in place, but she did agree to repay the money several times through text messages as well as agreeing to a written agreement which she then refused to agree to. The information I have read suggests that even if there was no written agreement in place I can use other evidence to prove the intentions were that this was a loan which she was repaying. She has mentioned a few times in some of the texts that what she has written to me in text messages can not be used legally.
The rest of the informat
Submitted: 11 months ago.
Category: UK Bankruptcy Law
Expert:  clairep80 replied 11 months ago.

Hi

Thank you for your question

My name is ***** ***** I shall do my best to help you but I need some further information first.

has she actually filed a defence?

Customer: replied 11 months ago.
It would seem I was unable to post all information as there is a limit on the amount of words in these boxes. I have attached a Microsoft Word Document to this which shows the rest of the missing post.For the £2500 loan she did not reply to the court. Instead after I had obtained a warrant she applied for the judgement to be set aside using a N244 and the details shown above\in the word document.For the other original loan she filled out the N9B but then failed to fill out and return the N180. She is now telling HCE Group she will get that judgement set aside, although MCOL online is not showing as this being set aside and also I have had nothing through the post yet to say it has been set aside. Again this information is in the attached word document along with what she has written.
Customer: replied 11 months ago.
I have also now uploaded the file containing the evidence I have to my website at:
http://www.azonicict.com/sc/sarahc.zipThe ZIP file is password *****The Password ***** ZIP File is: turtle040216The file is 40MB but was too large for me to upload it on here.There are some documents missing from this as I have not scanned them in (mostly bank statements), but I can scan these in and send them to you if you require them.
Expert:  clairep80 replied 11 months ago.

For clarity then - there are two separate cases - and you have Judgements on both is that correct?

Customer: replied 11 months ago.
these are two separate cases, but with overlap between the cases in terms of evidence.The reason being the loans to her were a year apart, and on the chance she would start repaying back one of the loans back but not the other.The 2014 loan which has £9387.48 remaining has a default judgement to her at her business address which she has transferred the assets for, and has stated she no longer works at. HCE have said they will attempt to trace her home address and get back to me in due course, but she has also told them she will apply to have this set aside. I would like to know how to proceed and if I should find a company to perform a trace myself to her new home address, and then pass the details on to HCE Group should I get a result.The 2015 loan with £2300 remaining I won through default judgement but she applied to have it set aside. The set aside case has gone to court where she failed to attend the hearing instead sending an E-Mail stating she had a miscarriage so was not able to attend. The case is now due to be heard on 4th February 2016, so I would like to know how strong my evidence is towards this.
Expert:  clairep80 replied 11 months ago.

Just to check - the first case was in her personal name not a company name?

Is it likely she did have a miscarriage?

Customer: replied 11 months ago.
Both cases were in her personal name - Miss Sarah Carberry. Neither were in her business name. However she is also known as Miss Sarah Sheridan, and after getting married on 4th December 2015 she is now also known as Mrs Sarah Rawsthrone.I do not know whether she did or did not have a miscarriage, but it did not seem to disrupt her business. I believe she went to work on the day of the court hearing she did not attend, but have no evidence I can use to prove this.As I live in Chelmsford and she lives in Wigan, the case is at her local court in Wigan. As I had to drive a 500 mile round trip and stay in a hotel the night before the hearing, I asked for costs to be carried forward which were £39 for the hotel and £50 for fuel. That was accepted that costs are carried forward. I also asked for the case to be transferred to my local court on the basis I run a one man self employed business and I have no cover for time away from work. This was refused.
Customer: replied 11 months ago.
Personally I think she may have given it as a reason to delay proceedings to allow her time to transfer her assets to other people. She may also have thought I would not appear in court, which would have resulted in her winning the case if she did not appear in court for this reason. She may have also done this knowing the outlay of expenses I would have, as an attempt to try and annoy me into some type of retaliation. She may have also said this to gain sympathy with the court.I have attached one of the last messages from her which says she will agree to make nominal payments and will not write to me. I am not sure if this can be used.
Expert:  clairep80 replied 11 months ago.

There is no reason not to let your chosen enforcers deal with the matter - including tracing your ex.

They are well aware of the way the system work - and in the absence of an actual applictaion to set aside they will continue regardless.

Frankly it is unlikely that the second judgement will be set aside as not only does she have to show that she was not aware of the applictaion but also that she

has a valid defence - and it appears that she has not thought that far ahead

From what you have said you do indeed have evidence of agreement - albeit screen shots of texts - which will be accepted in the Small Claims arena

I hope that this is of assistance - please ask if you need further details

Clare

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