Well ....
On Wednesday I was at court 240 miles away to face my exN about some money he owes me.
The
background is that when we were together he forced me to sign a credit agreement for some double glazed windows to be fitted in
his house. I didn't want to, but he couldn't get any credit and told me he'd "always pay it". He paid it for 2 and a half years and (coincidentally) stopped paying it when we went to court last November. He didn't tell me he'd stopped paying, but oh-so-nicely informed the credit company of my new address. The first I knew was when a debt collector knocked on my door in April of this year. I had just sold my house and so I had to use some of my savings for my new house to pay it off (£4000, around $7000 ish). I then wrote him an email asking him to pay. He refused unless I let him see our son. We are already at court for contact issues and I refused to give in. I asked him again to pay, or I would take it to the small claims court. (A court in the UK purely for debts etc of amounts below £5000). He refused again (unless I cave in to his demands) and so I filled out all the forms. He entered papers saying he intended to defend the whole claim and also to enter a counter claim. HE never filed that defence and so I applied to have judgement entered against him. He then took it all to court to have the judgement overturned. Fast forward to two weeks ago when I travelled all the way to a court hearing only for him not to turn up. The hearing was moved to Wednesday (17th Oct).
So... the hearing...
I was terrified at having to face him, but I knew I had to so Wednesday saw me sat opposite him in the Judge's chamber. The judge started by reading out all the times in emails where exN had said things like "I will pay you if you let me see our son" ... "I will sell my house and give you the money if you let me see our son." and so on. ExN looked a little perturbed at this. The judge then asked him what his defence was seeing as he had offered to pay so many times. Ex N thought he'd be clever and said:
"I did not want windows in my house, Cadbury ordered them and had them fitted without my consent. I tried to stop her, but she insisted. The windows I had before were fine and the money could have been best served on something else."
My mouth must have been on the floor at this point. I couldn't believe (even now - what a fool!) that he would lie so blatantly to a judge, and that he would seriously expect anyone to believe that another person would force them to have windows fitted in their house! I don't have any money, why would I waste so much money on something he didn't want?!!!
Then the judge said, "so why have you paid it for so long? ", exN then started going on about how he was just trying to keep me happy so he could see his son. Then he started to get all fakely upset and say how hard it was etc etc The judge (whom I LOVE!!!) said "I don't want to sound heartless, but I don't care about any of that. I am purely concerned with this debt and why you are not liable. I would also like to know why you did not enter a defence in the time allowed."
exN says:
"I went by the guidance forms for filling out the form and they were not clear. I have made several complaints about that to your clerks here. It does not say anywhere that you have to enter a defence
and dispute jurisdiction. It most definitely says
or. I am not happy about that at all, I think it needs to be looked into."
(How Nish is that? IT couldn't possibly be
him that was wrong... it has to be the
whole legal system in England and Wales. I had to hide a smile as my nerves relaxed the slightest bit.)
The judge (that wonderful man!) pulled a form out of his pile and said " IS this your signature? [yes] well, allow me to read what you have signed. 'blah blah will enter a defence within 28 days of returning this form..' what isn't clear about that?"
Ex N "It must be on another form. I must have left it at home." (because he must know more than a judge of course!)
Judge" It seems perfectly clear to me. Now, what do you mean when you say you wish to issue a counter claim?"
ExN" Cadbury has cost me close to £5000 in legal fees in keeping me away from my son and I want her to pay for that."
Judge"I have told you, this case is a civil matter about the windows in your house. If you mention the other case once more I will dismiss this case."
ExN" Sorry your honour. I thought it was relevant."
Judge " So do you have a defence that is relevant to this case?"
ExN " Cadbury drove my car for a year."
(Me an my mate the judge are equally flummoxed by this. Neither of us can see any relevance - even if it were true- to that statement. ExN goes on to 'prove' it. )
Judge" What has this to do with the windows?".
ExN "I didn't want the windows. Here are some bank statements that show that the money came out of our joint account."
Me (in horror): " You told me that account was in your name only! I have had nothing to do with it since I left, 3 years ago!"
ExN " It still has your name on it."
Judge " Who has paid the money into this account since you split up?"
ExN "ME, but it was a joint account."
Judge looks a little miffed at this point and says "I think I have heard enough [ opens big law book]. The point of law dealing with this is blahdeblah point 3. The relevant part is 'A judgement can be overturned if the judge believes that the defendant can provide a defence that stands a good chance of winning in the small claims court.' HAving considered all the evidence, including very recent emails of the defendant offering to pay Cadbury, this claim is dismissed. The defendant is ordered to pay as per the original order."
ExN shakes his head in disgust. Judge then asks: "Since this case was moved to this court at the request of exN, would you like costs added Miss Cadbury?"
Me "Yes please."
ExN starts laughing and then says:
"Can I just say one thing?"
Judge : " By all means"
ExN" Miss Cadbury promised me she would never stop me seeing my son and she has. She has lied in court and...."
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Judge cuts in with "I'm sorry, I thought you were going to say something relevant. This case is now closed and I have no intention of opening it again. Thank you"
ExN keeps arguing with the judge (yes, the judge!!) and I leave. I walk out to my partner with thumbs up. HE stands up and hugs me and says "Shall we celebrate?!" Just as exN appears. Ex N looks at my partner and points at him and says (All menacing) "You're a fuckwit". Then follows us down the stairs to say to my partner "I'm coming for you. Fuckwit". HE then says it again and walks out, shouting back from the door "Fuckwit!".
What an arse! I hate him so much. The decision was fantastic, and it was so good to see a judge cutting through all his crap and seeing it as it really is. I felt so good, but so terrified with his threats. HE cannot see he was wrong, it is all me
.
I had court again today and although he says he has no money he managed to fund a really hot shot (BITCH) lawyer for today. He had applied for an adjournment because he had lectures which was refused, but he still didn't turn up!! HE sent his apologies and said he couldn't miss his lectures! Note: I am a teacher and cancelling classes from my end is a lot harder. I will write more details later, but this one will never be a good thing as it is too close to my darling baby son. I am still a little uptight about today, so I will ponder a little first.
Tonnes of love to anyone still reading
Thank you for listening
Cadbury
