Free Traffic Legal Advice

To re-visit a thread from the apparently defunct PPP site, about 8 years ago my partner took out a county court case against someone she lent money to, not a small sum, but up to £10k. My partner won the case and the defendant agreed to pay an amount monthly to clear the debt. With the advent of covid, payment stopped and all contact with the defendant has been lost.

Sadly my partner didn't receive any correspondence from the county court and can't find any paperwork from before the case. The only evidence is a bank statement trail with the monthly payments from the defendant. he court case was a mess as it was originally to be heard at Ashford county court, it was then moved at very short notice to Rochester county Court. On the way there we were delayed by traffic on the M20 and when we finally managed to get an answer from rochester County Court we were told it had been moved to Dartford!! Our call to Datrford was eventually answered and the case was heard by a lady judge who found in my partner's favour.

Since then we've tried to find details of the case. Dartford deny any knowledge of it as does Rochester. We've tried the County Court place in Salford that deals with cases nationally, they can't find anything either. Online searches come up with a blank. Can anyone come up with any suggestions as to how we could find details of the case, credit reference agencies or the like? My partner could do with getting this case settled, she's had no payment for about 3 years now.

I have not thought about this in a lot of detail but I think you should be able to initiate proceedings under CPR Part 7 at a County Court (exercising powers of the High Court).

You can seek a declaration with a Claim that the defendant holds property on trust for the claimant: constructive trusts.

A constructive trust arises when the defendant cannot in good conscience keep property exclusively for himself and should hold it wholly or partly on trust for the claimant. Currently, the most important function of the constructive trust is to secure each cohabiting partner a fair share of the home which they have together acquired. The elements of the claim are:
1   a common intention that each person should have a beneficial interest in the property;
2   that the claimant acted to his detriment in reliance on that common intention, by, for example, contributing to the purchase price;
3   that, if a trust is established, each person is entitled to that share of the property which the court considers fair, having regard to the whole course of dealing between them.

Basically, they promised to pay you X (in previous proceedings), so the funds owed were ring fenced to you in trust and they cannot have it under good conscience.

Burden of proof is balance of probability[es, did it happen more or not (despite you not having court papers for previous proceedings).
Evidence you have is repayments of X per month that was terminated.

You will have to re-prove your initial case.