Being taken to court by my own father.

carkeyz · 22 January 2009 at 6:04PM

Hi guys,

I need some advice and really don't know where to go. Im 19, 6 and a half months pregnant and on a DMP.

My father has never bothered with my until the last 18 months, him and my mum divorced after he cheated on her and then moved in with the next door neighbour when I was 2 and my brother was 2 weeks old.

I found out he had cancer 18 months ago and let by gones be by gones and helped him get through it especially when his girlfriend of 13 years on and off left him. We then got ourselves into debt, not that we couldnt manage it but he wanted us to have a fresh start so he paid it off, credit cards to the tune of £600 loans and rent arrears totalling about 6 grand also helping us buy a van for my OH so he can do private work.

We started paying him back although he resisted £200 per month. Then we found out about bump and entered on to a DMP and he first suggested we move payments to £50 a month but when we looked into it we just couldnt afford it. He then said that was fine and not to pay him back.

None of this was documented from the initial time of him giving us money to the conversation advising we didnt have to pay it back.

We have now fallen out with my dad, he proved that he was a waste of space just like my mum, sister and brothers told me and me being me fell for it.

He is now serving court papers taking us to court and has told my mum he is going to clamp the van we bought with the money he gave us and tow it away.

What are my rights here? And how on earth can a father to this to his daughter who is 6 and a half months pregnant with his grandchild!

I am managing to live within my means and doing well - see my diary

- but once I go on maternity leave we will struggle a llot more and I just dont need this right now!

Any advice would be great!

Carla and BUMP! x

RAS · 22 January 2009 at 6:08PM

What sort of court papers?

Who is the owner of the van?

carkeyz · 22 January 2009 at 6:09PM

I dont know what kind of court papers, he has just told my mum to warn me to expect "court papers". The owner of the van is my other half.

RAS · 22 January 2009 at 6:11PM

Well, if he takes legal advice, he will discover that there is not a lot he can do UNLESS he has a written contract with you.

And if he clamps the car, call the police.

carkeyz · 22 January 2009 at 6:13PM

So he has no legal right to clamp it? He told my mum that he has looked into it and he does?!? And it sticks that if there was no written contract then there is nothing he can do? Sorry if Im waffling I just cant believe he is doing this.

Warning to others dont even borrow off your parents.

mummum2 · 22 January 2009 at 6:13PM

Hi hun,

I tend to agree with Ras, he really does not have a legal leg on stand on as he does not have anything legally binding. I would also get the police involved if he clamps your OH's van.

Good luck and keep us posted.

MM2

thevinternet · 22 January 2009 at 6:15PM

I don't know anything about the legal standpoint, but I'd just like to say that I think your Dad is behaving despicably. He should be ashamed of himself.

carkeyz · 22 January 2009 at 6:18PM

Thanks guys. I'm just hurting now more than anything. This is all I need right now. And not something you expect from your dad, thank god I have such a lovely OH and step dad otherwise I may have given up on mankind!

Thanks again for reassuring me guys.

angelflower_2 · 22 January 2009 at 6:23PM

Ive had similar issues with a parent but from what I understand, they definately cannot do anything unless their is a written contract.

lemma1968 · 22 January 2009 at 6:26PM

I am in the legal profession although civil is not my bag.

But going back to basics the following is the only advice i can give you.

An oral contract is still a legally binding contract.

CC agreements etc are different as they are regulated by the Consumer Credit Act. Land agreements also need contracts and deeds.

The difficulty arises when both parties disagree as to the precise terms of the agreement.
If he is taking you to court it will be a County Court and the judge would be a District Judge.

You accept that he loaned you some money - the precise rate of pay back is in dispute.

The DJ will not let him renege on his side of the agreement just because you have fallen out unless such a term was part of your agreement.

You must continue to pay him back as per your oral agreement and wait for him to sue... if he dares, it will assist if you can show a pattern of repayment to prove what you are saying were the agreed terms prior to the suit.

If he does, fill in the acknowledgement within the valid time stating your intention to defend the claim.
You will then have a short amount of time to fill in your defence and file it at court.

If you need further advice go to a law centre. They give free advice but you have to make an appointment. They are qualified lawyers who give their time free to assist.

Ref: https://www.lawcentres.org.uk

You will find your nearest one there.

Hope that helps.

carkeyz · 22 January 2009 at 6:29PM

Thanks I will try and go and see them asap.

Being taken to court by my own father.

Comments

Confirm your email address to Create Threads and Reply

🚀 Getting Started

Categories

Is this how you want to be seen?

Get our FREE Weekly email full of deals & guides - and it’s spam-free