Page 203 - Bundle for MF Final

Bates no 202

CLAIM NO FOOBN141
FIRST DEFENDANT'S POSITION STATEMENT

1. INTRODUCTION

The First Defendant (FD) cannot afford legal representation and is acting as a
Litigant in Person. She apologises to the Court for any breaches of protocol,
language or formatting • This document is not intended to cover all of the
1
evidence, but to highlight some important aspects.
2 This document is cross referenced to detail in the narrative accompanying the Mc
Kenzie friend application (McKApp) in Section A of the Court bundle and to the
attached exhibits A to D.

2. CLAIMS AND COUNTERCLAIMS
3 The Claimant seeks to mirage a TOLA TA type beneficial interest in the FDs home -
2
Nutley Place, Nutley, East Sussex - by reason of:

a. A payment of £500,000 made on 21 December 2016 into the FD's mortgage
st
account with Barclays Woolwich; entire of his own volitin and with no
writ or oral agreemenP as to its term

b. Payments totalling £35,000 - from a total purchase price of £70,000 - to
enable the FD to buy two plots of land adjoining Nutley Place;

c. DIY house maintenance: at preset of unquantified value:

d. Loans totalling £82,164.01: to cover defaults in maintenance payments from
her ex-husband: (Anthony Peden Mark Sigg [APMS]

4 The Claimant requires the above amounts to be collected through a declaration of
trust, backed by an order for sale of Nutley Place, and £82,164.01 by bank transfer.
The total claim of £617,164.01 represents around 41% of the value of Nutley Place.

5 On 10 April 2019, the Claimant made a Part 36 offer amounting to £619,528.38
th
plus his costs, to be paid within three months of acceptance. Failing this, Nutley
Place must be sold "forthwith", and costs paid on an indemnity basis with interest
of up to 10% above base rate. It also requires the return of personal property the
Claimant allegedly abandoned when, against all his previous assurances, he
flounced off to pastures new and to hunt down his new bride-to-be.

6 Unsurprisingly, the FD was advised not to accept the offer. She, her children and
parents had been tormented by eight years of skulduggery, harassment and
extortion by her ex-husband. She had fought with every available fibre to keep her
children in their schools and universities and in the only home they had ever
known. The FD's youngest son suffers from ADHD and is especially sensitive to
change, pressure and uncertainty. He has taken the Claimant's abandonment very
gravely.

1 And this being written in the third person
2 Jn l ay persons' language
3 By the First or Second Defendant who is a co-signatory to the account