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#Post#: 21936--------------------------------------------------
County court help
By: roythebus Date: May 9, 2024, 7:05 am
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To re-visit a thread from the apparently defunct PPP site, about
8 years ago my partner took out a county court case against
someone she lent money to, not a small sum, but up to £10k. My
partner won the case and the defendant agreed to pay an amount
monthly to clear the debt. With the advent of covid, payment
stopped and all contact with the defendant has been lost.
Sadly my partner didn't receive any correspondence from the
county court and can't find any paperwork from before the case.
The only evidence is a bank statement trail with the monthly
payments from the defendant. he court case was a mess as it was
originally to be heard at Ashford county court, it was then
moved at very short notice to Rochester county Court. On the way
there we were delayed by traffic on the M20 and when we finally
managed to get an answer from rochester County Court we were
told it had been moved to Dartford!! Our call to Datrford was
eventually answered and the case was heard by a lady judge who
found in my partner's favour.
Since then we've tried to find details of the case. Dartford
deny any knowledge of it as does Rochester. We've tried the
County Court place in Salford that deals with cases nationally,
they can't find anything either. Online searches come up with a
blank. Can anyone come up with any suggestions as to how we
could find details of the case, credit reference agencies or the
like? My partner could do with getting this case settled, she's
had no payment for about 3 years now.
#Post#: 22141--------------------------------------------------
Re: County court help
By: baroudeur Date: May 11, 2024, 8:24 am
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Perhaps a search on the internet will help as "record of county
court judgements" brings up a number of websites?
THIS
HTML https://www.trustonline.org.uk/
may help
#Post#: 36737--------------------------------------------------
Re: County court help
By: FaeLLe Date: September 13, 2024, 5:06 am
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I have not thought about this in a lot of detail but I think you
should be able to initiate proceedings under CPR Part 7 at a
County Court (exercising powers of the High Court).
You can seek a declaration with a Claim that the defendant holds
property on trust for the claimant: constructive trusts.
[quote]
A constructive trust arises when the defendant cannot in good
conscience keep property exclusively for himself and should hold
it wholly or partly on trust for the claimant. Currently, the
most important function of the constructive trust is to secure
each cohabiting partner a fair share of the home which they have
together acquired. The elements of the claim are:
1
interest in the property;
2
common intention, by, for example, contributing to the purchase
price;
3
that share of the property which the court considers fair,
having regard to the whole course of dealing between them.
[/quote]
Basically, they promised to pay you X (in previous proceedings),
so the funds owed were ring fenced to you in trust and they
cannot have it under good conscience.
Burden of proof is balance of probability[es, did it happen more
or not (despite you not having court papers for previous
proceedings).
Evidence you have is repayments of X per month that was
terminated.
You will have to re-prove your initial case.
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