Being taken to court by my own father.

Penny-Pincher!!

So your dad paid £600 off your credit card debt, he paid off over £6,000 of your rent arrears plus he helped you buy a van for your partner and this was agreed as long as you paid £200 pm which after a while you couldn't afford, so he then accepted that you pay back at £50pm. Then he said not to pay him back as you couldnt afford it

If the debt is in his name then he will have to pay it back. He would need to prove that he lent you the money.

Obviously, we dont know the whole story here and it really is none of our business. It does sound like he was quite generous helping you out especially being so young and in so much debt. It must be awful being only 19 and on a DMP.

PP
xx

carkeyz

He basically cleared our cards and loans and rent arrears then gave us the cash for the van. He was generous but every one warned me that I shouldnt accept his help and that he would find a way of screwing me over.

It isnt so bad being 19 and on a DMP, Im glad Ive done it and probably wouldnt have done if I hadnt had fallen pregnant, its just come next month when I go on maternity we wont be able to afford the minimum repayments plus all our outgoings any more.

x

Barneysmom

I reckon he owes you a lot more than a few grand after leaving you all like that. Tell him to sling his hook.

Penny-Pincher!!

carkeyz wrote: »

He basically cleared our cards and loans and rent arrears then gave us the cash for the van. He was generous but every one warned me that I shouldnt accept his help and that he would find a way of screwing me over.

It isnt so bad being 19 and on a DMP, Im glad Ive done it and probably wouldnt have done if I hadnt had fallen pregnant, its just come next month when I go on maternity we wont be able to afford the minimum repayments plus all our outgoings any more.

x

At least in a few years, the DMP will be behind you and you can have a clean slate.

Just looked at your diary and you paid £9 for a perscription .....keep hold of your receipt and you can claim it back when you get the exemption form through.

PP
xx

Ames

Please don't feel bad for being taken in by him. Society puts so much emphasis on family and trusting your parents etc that it's only natural you wanted to give him a second chance.

carkeyz

Penny-Pincher!! wrote: »

At least in a few years, the DMP will be behind you and you can have a clean slate.

Just looked at your diary and you paid £9 for a perscription .....keep hold of your receipt and you can claim it back when you get the exemption form through.

PP
xx

It wasnt for the prescription, If i had remembered to cash it I would have got it free but had to buy it at the supermarket cause I needed it and the pharmacys were all shut!

x

Horace

As for clamping the van, he can't do it because he isnt a registered and licensed clamper. If he does try and clamp it call the police as others have said.

smallfish_3

Carkeyz I think you've had some great advice here from people knowledgeable in the law and others with expertise in private 'loans' so nothing I could add would give any further help. But I am so horrified by your father's behaviour I had to at least offer my sympathies. :eek:

How unfair to have your trust so abused after he treated you and your family so poorly 17 years ago and yet you still gave him a second chance. It does seem that the scales are tipped in your favour morally and financially as far as his 'loan' is concerned so I feel sure this will be behind you soon and the threats will remain just that. But if you possibly can, remember that on top of everything he might have done in the past, threatening to take you to court (while you're pg with his grandchild!) has to be the last straw. I know I don't the whole story, I hope I don't offend you or other readers, and I agree with the OP who said don't be too hard on yourself for trusting him, but please, don't do it again! You can move on knowing you gave him a second chance and that makes you a good and fair daughter. I'm not sure you'll feel the same about yourself if you give him any more chances after this?

P.S. Congratulations on your og and good luck with your new addition!

lemma1968

Just thinking a bit more, a contract is only a contract if the terms of it are enforceable. You have to have some agreement between you as to what the terms were and then execute the contract according to those terms i.e. i will loan you £5 and you pay e back at 50p a week. Do you agree? Yes...then a contract on those terms unless you agree to vary it, which you say you did.

He cannot unilaterally vary a bilateral agreement i.e. we have fallen out so pay up or else!

Clearly i only know what you have said so far and there may be other factors which can alter what you are advised. You should seek proper legal advice if and when he issues a county court summons.;)

carkeyz

Hi guys,

We thought this would just go away but it hasnt, today we recieved a letter from my father.

"Dear Billy and Carla

I have helped you out with paying you monies to help you make your financial commitments, which you were to pay me back in installments. This totals £3260.50 for rent arrears, credit cards etc of which I enclose a copy of the email you sent me on 20/06/2008 for the debts I paid on your behalf. Prior to this I have desposited funds int your account on 19.06.2008 of £900 to cover your overdrafts.

Further to that I gave you £1000 as a loan to enable you to purchase a VW Golf Van to replace the transit van that you owned at the time. The agreement for this loan was that you would sell the transit van, pay me the proceeds of the sale and pay me the residue of the loan thereafter.

Originally you committed to paying me £200 per month on the loans for your debts and the van loan. We agreed to reduce this to £50 a month once I recieved news of your pregnancy. I recieved total payments from you of £685, all payments ceased in August 2008.

After not recieving any monies from you I chased you and the response was verbal abuse and that you were not willing to pay any more monies to me.

Despite trying to resolve this through your mother, no attempt has been made by you to resolve the outstanding loan. Therefore you have left me no alternative but to seek legal action to recover the monies you owe me.

If I do not hear from you with an agreement to pay off the loan, which now stands at £4475.50 by 29th January 2009, I will be submitting a claim in the county court against you.

Yours Truly

BXXXX IXXXXX"

He enclosed an email I sent him thanking him for giving us the money and that we really appreciated it and we were going to get our other financial affairs in order and arrange payment plans with our other creditors.

Any advice? I'm going to make an appt to see a solicitor as well.

Thanks