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 [email protected]
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.
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