Page 160 - Bundle for MF Final

Bates no 159

APPLICATION FOR ASSISTANCE OF A M KENZIE FRIEND
c
PART 8: DETAILED COMMENTS
179. At 13.00 the Claimant sent LPJS an SMS message saying:

" ..... just paid in the cheque at Barclays, in NatWest transferrin funds, ordered four
KG belly picking up on Saturday, been tack shop, got shaving home soon Love"

At 13.05 he sent another SMS saying;
"All done, U can ditch me now ha ha"

180. Although this was probably intended as humour 167 it is a strange comment from
anyone who has just made a loan of fS00.000 with absolutely no security and especially
bearing in mind - having read LPJS will four weeks earlier- that he had absolutely no
financial stake in Nutley Place AND NEVER WOULD.

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181. LPJS responded at 13.16 "Thank God for that Bye"and added an applause emoji

182. On h;s ,etum to Nutley Place. the Cla;mant w;shed LPJS, "Happy Chdstmas. darHng t � •
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183. LPJS had no need to draw down the fS00,000 and all was fine until June 2017 when
APMS discovered the deposit. alleged it had been underhand and that LPJS had been
deceptive by not reporting it to him. The essence of his argument was that his
maintenance payments should have been reduced proportionately. based on the
comparative value of their assets.

As a joint signatory, APMS had unrestricted on-line access to the account and received
routine statements. Under Judge Bowman's order, Louise had no obligation to advise
APMS of any improvement in her circumstances and had no intent to mislead him. APMS
told LPJS that she should consider herself lucky that he had not emptied the account 1 69 • He
implied that he had imposed a block and that she would be unable to draw on it.
However. by March 2018 (Attachment 7- a "Chat Call" with Barclays), he knew that both
his threat and block were meaningless:

APMS: "If I opt to make a part pay-off of the mortgage balance itself. i.e. an over­
payment, can I opt to withdraw that over-payment later? Or should I make
the over-payment into the current account and hence benefit from the offset
with the flexibility to withdraw it?

Barclays: "Hi Anthony, you wouldn't be able to claim back any payments made directly
into the mortgage I'm afraid"

9.5 THE £500,000 GIFT:LPJS DISOVERS THE BLOCK
184. In his statement of Assets and earnings (Attachment 3), the Claimant states that he
"loaned Louise £500,000 to be drawn down for living expenses and secured against her

equity in Nutley Place. This was blocked by Anthony Siggers". He did not claim - as he

167 Not something the Claimant is known for
168 His email of monthly savings of £1,500 implies that he intended to settle the entire mortgage
169 This was an empty threat and no one could make withdrawals from the account
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