Page 93 - Combined file Solheim
P. 93

CLAIM NO F00BN141
                                                                          FIRST DEFENDANT’S POSITION STATEMENT
                                                                                 For hearing on 18  August 2020
                                                                                              th
                    21     THESE ARE ALL UNTRUE. There is not a single written or oral agreement along the
                           lines the Claimant now argues.

                    22     The FD willingly admits that she and the Claimant had - from time to time -
                           discussed the dream of buying a smallholding together to convert into an
                           equestrian centre once her children had left home (that is expected to be sometime
                           after 2022 ).  However,  there was never any question of the Claimant having a
                                    8
                           financial interest in Nutley Place and no way that he could have honestly
                           misunderstood the position.


                    23     On the contrary there are many, mainly mind-numbing emails, WhatsApp messages
                           and recorded conversations that prove the alleged, recently invented, litigation
                           supportive TOLATA conversations are a figment of the Claimant’s imagination.

                    24     For example:

                          (a)  Taped conversation on 27  February 2018
                                                     TH
                             FD               “ well that’s life. I’m not going to have anything either”

                             Claimant         “well that’s where you can take some equity out of your house”

                          (b) Tape conversation of 5th March 2018
                               Claimant       “I can list my financial obligations and what I have and you can
                                              have that in writing but I nearly think I should be represented
                                              now because I feel, I feel, ----- I am up in court with him not you.
                                              It’s not you and your kids because you basically have the asset of
                                              this house and I have said to you, you’re just going to have to sell
                                              it to get on with it…..

                    25     The FD decided to rewrite her will in the Spring of 2016 because she had been
                           unnerved by the Claimant’s behaviour. He had been out of work for months and
                           showed no interest in finding employment. He was miserable and had flounced off
                           to rent a house for himself. The FD was worried over who would look after her
                           children – in the Claimant’s absence - if she died and wanted to put her affairs in
                           order .
                                9
                    26     The FD’s will (Exhibit A) – which she retained Core Law to prepare - confirms the
                           true position;

                             The FD explained the precise terms of her will to the Claimant in the autumn of
                              2016. He had no objections to it. The FD felt that she was being “a bit hard ”
                                                                                                  10
                              She told him:

                               “this is the way it has got to be….. it’s my only asset and it has to pass to the
                               kids”;

                                                                                                                 Page4
                                 Again, the Claimant did not express a word of dissent.



                   8  Hopefully to university
                   9  At the time the FD first spoke to Core Law, the Claimant expected but had not received any compensation.
               Bates Number Bates No093
                     By asking him to be co-guardian of her children and then effectively evicting him from Nutley Place when they reached the
                   10
                   age of 18
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