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Topic starter
07/04/2016 5:12 pm
Hi
I haven't posted on here before as any questions I've had have been answered on other threads but I've never seen anything like my issue before and wondered if anyone could offer any advice before I go to Citizens Advice. It's a bit of a long story so apologies in advance!
Firstly I am 2 years into a protected trust deed, and for those 2 years it feels like a huge weight has been lifted and I could see an end in sight to the mess I'd gotten myself in.
Last year myself and a group of friends went away for the weekend to a private cottage for my husbands birthday. We all contributed to the cost and in October 2014 I paid an initial deposit then in March last year I paid a sum to the owners through my bank account and the balance was paid in cash when I collected the keys. We were given the keys to the property and enjoyed a great weekend. It's worth mentioning here that I never received a receipt for either the money paid through the bank or the cash.
Forward to last week and I received a letter from a lawyer saying that the owner could find no trace of monies paid to them and that they were going to take me to small claims court. I've spoken with the lawyer and explained that we were given keys to the property etc and surely they wouldn't have done that if payment hadn't been received. He said it is my responsibility to prove that I paid the money?
I can prove the money I paid through the bank but don't have a receipt for the cash. My question(at last) is if they take me to small claims court can this affect my trust deed? I've tried to find out on-line but couldn't really work it out.
Sorry for the lengthy post but I am worried sick about this.
Thanks
Nel
Nel
07/04/2016 5:41 pm
A strange situation, how much is it that they say you are owing?
First thing to say is that just because they are threatening to take you to court doesn't mean that they will. Even if it did go that far then you can argue your case in court - surely the fact that you can evidence part payment casts doubt on their claim?
In what way are you worried it will affect your Trust Deed? There is no reason why it should, though I guess if it did get to the point where you are being forced to pay money to this person then it may affect you being able to maintain your Trust Deed payments. That is really the only problem I could foresee, and hopefully it won't get that far!
Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.
Topic starter
07/04/2016 6:38 pm
Hi
Thank you for replying.
The cash amount was £500. The cost was split between 8 couples but the booming is in my name - hence the payment.
I just thought that because they were chasing for a debt that it might affect the terms of my trust deed.
I can't understand how it is my responsibility to prove they have received the money when I was given keys to the property etc but I've spoken to the lawyer and he said it is.
He also said its just a paper filling excercise for his client and they won't have any reservations in taking me to small claims.
I don't have receipt so can't prove the cash payment - if the court found against me then according to him I'd need to pay - then I would have a problem as I don't have £500 spare.
Thanks for your help though.
Nel
Nel
