Page 209 - Bundle for MF Final

Bates no 208

CLAIM NO FOOBN141
FIRST DEFENDANT'S POSITION STATEMENT

• the Claimant has stated that the account was blocked by the FD's ex-husband
[PMS]. This is true but it was of no effect because the process used by the
Claimant meant that deposit was blocked from the outset.

• It was a loan that never was.

6. UNWILLINGNESS TO STATE WHETHER THE £S00,000 WAS A LOAN OR A GIFT

41 The McK narrative sets out details of the Claimant's repeated refusal to discuss
anything to do with the £500,000 and specifically whether it was a loan or a gift.

42 The recorded conversation of 6 March 2018 is typical of others that took place
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with the Claimant;
Claimant "I don't want td 9 - I might just write a letter to the Judge and say I'm not
prepared to, to, to give out my financial - WHO tells me to give out my
financial situation?"

FD "They are not aski for it- I'm just goin to counter argue that he2 has plucked
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these figu out of the sky and they·re wron"
Claimant "I can give you some ball figu but you know the figu"

FD "Yeah but if you could just write it for me"

Claimant "But I do NOT want to be mentioned in that FUCK COURT because IT HAS
NOTHIN TO DO WITH ME"

43 The chronology leading up to the Final Hearing of the FDs divorce (on 20 May
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2018) is explained in McKApp paragraphs 108 et seq. Essentially, the Claimant
• He knew it was in his own interest to confirm [or claim] the £500,000 was a
loan because this made it less likely that APMS could steal it, or use is as an
argument to have his lifetime maintenance obligations reduced;

• The FD offered to sign an agreement that the £500,000 was a loan: he became
angry and refused to discuss it;

• repeatedly refused to attend the Final Hearing as a witness. His final excuse was
because he had to "stay home to look after the dog". Even this was untrue
because he drove to Hampshire and hid himself away until the hearing was
over.

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44 He was eventually persuaded (on 19 May 218) to prepare a sworn schedule of his
assets. liabilities. income and expenses: but again, he prevaricated (see McKApp
paragraph 113 et seq).

45 On the morning of the Final Hearing his schedule of "Earnings and Assets"
appeared (Exhibit E).It was unsworn. undated and unsigned and riddled with
errors and untruths. Counsel decided it could not be presented to the Court.

19 A/lend court
20 APMS the FD 'sex-husband