says gift is now a loan

obi

My sone recently split from his partner. Unknown to us they were given a "gift", of £4000 by his partners parents, now they have split the parents are saying the gift was actually a "loan", it was made two years ago, and no attempt was made to recover any money until they split. They are threatening to take him to court over it.

In my opinion he should only be liable for up to half of the debt as it was a "gift" to them both, if anything at all.

I have advised him to get some legal advise but does anyone know where he stands should he go to court to fight this?

The money was transferred from their (parents), to his account as his partner didnt have a bank account due to previous debts.

vaporate

Well since its not legally binding contract its not enforceable. Would be like a friend giving a friend alump sum and then asking for it back.

If I may also say, what a lousy thing to do, to then turn it into a (illegal) loan.

vaporate

never give money to friends or family unless you're willing to not getting it back.

shop-to-drop

I agree legally I would think they would have a job to show this was a loan and get the money back. Morally however I guess it would depend on what the money was for whether I would be inclined to pay some or all back. For instance if the money was used to clear the partners debts I wouldn't feel the need to pay any back. If the money was used for a nice holiday for the 2 of them then I would maybe feel I should pay up to half. If the money was used to buy something like a car that your son had after the split. Then I would feel more like I should pay even more.

Sounds like hard feelings after the split up but may have been a misunderstanding. Did the parents make it clear to your son that the money was a gift or did the partner tell your son it was a gift?

Hope he gets it sorted soon.

[Deleted User]

obi wrote: »

My sone recently split from his partner. Unknown to us they were given a "gift", of £4000 by his partners parents, now they have split the parents are saying the gift was actually a "loan", it was made two years ago, and no attempt was made to recover any money until they split. They are threatening to take him to court over it.

In my opinion he should only be liable for up to half of the debt as it was a "gift" to them both, if anything at all.

I have advised him to get some legal advise but does anyone know where he stands should he go to court to fight this?

The money was transferred from their (parents), to his account as his partner didnt have a bank account due to previous debts.

if i were you i`d totally ignore them,they`ll go away

[Deleted User]

Just ignore them. There's a presumption of a gift, especially as it was given to both parties.

Snowy_Owl

Sounds like their at it. Get the legal advise (citizens advice?) just to be on the safe side but sounds very cheeky to me...................

Clive_Woody

obi wrote: »

They are threatening to take him to court over it.

Tell them he will see them in court....ask them to ensure they bring along a copy of the signed (and witnessed) loan agreement, to include the term of the loan, the APR, the agreed repayment plan.

Otherwise I would politely request they go jump.

*Louise*

shop-to-drop wrote: »

I agree legally I would think they would have a job to show this was a loan and get the money back. Morally however I guess it would depend on what the money was for whether I would be inclined to pay some or all back. For instance if the money was used to clear the partners debts I wouldn't feel the need to pay any back. If the money was used for a nice holiday for the 2 of them then I would maybe feel I should pay up to half. If the money was used to buy something like a car that your son had after the split. Then I would feel more like I should pay even more.

^^Morally this makes sense to me, I agree it depends what the money was spent on (is he is in a position to pay some money back?)

Funny they are only making an effort to get the money back after two years and after the break up, obviously just bitterness on their part.

Legally - ignore them until they produce proof

theartfullodger

More importantly you & your son now know what sort of a family he almost got hooked up to... what a bunch of chiseling a****oles!! He & you are well shot of them, tell them "See you in court".

Hope son finds a new partner from a decent & honourable family....

What is the country coming to>?? (Daft question, please don't answer...)

Cheers!

Lodger

Cheers!