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Borrowed from a family member now they want interest!

BBB
BBB Posts: 258 Forumite
I'm just going to add that this is not for me it's for my brother.

A couple of years ago my brother was caught drink driving in a car that he wasn't licensed to drive and was fined for it. He didn't pay the fine so he had bailiffs chasing him for it so his girlfriends auntie agreed to pay this for him on her credit card, she said she would pay £508 on her card and my brother would pay her back at £40 per fortnight when he got his job seekers allowance and they both agreed that. Nothing was written down or anything like that, he's paid her £480 and now out of the blue she's demanding another £1000 as interest, she's claiming that the payments he's making aren't enough to cover her interest on HER credit card.

He's absolutely clueless about stuff like this and she's threatened him with the small claims court and he's so scared that he's considering declaring himself bankrupt.

He's not registered on here, can you just reassure me that this won't happen. I know it but he needs reassuring.

Cheers
:beer:
«1345

Comments

  • vaporate
    vaporate Posts: 1,955 Forumite
    LOL, sorry for laughing but the girlfriends auntie is having a laugh and fooling no1.

    There is no signed contract agreement, the aunt used her credit card out of goodwill as far as the courts are concerned.

    A gift. Not legally enforceable.

    He is safe.
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  • BBB
    BBB Posts: 258 Forumite
    Exactly! Thank you. I'm going to show him this thread :)
    :beer:
  • Nessynoo
    Nessynoo Posts: 469 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    I think it's reasonable for him to pay interest on the debt, because he knew it was paid on a credit card. I'm not sure about the £1000 though. Could she switch it to a 0% deal to stop the debt increasing, or do a BT to one of your brothers cards?

    ETA: I dont see it as a gift because a (verbal) agreement was arranged for Auntie to be repaid.
    "It's official, MSE's harbouring total fruitcakes"
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  • vaporate
    vaporate Posts: 1,955 Forumite
    Nessynoo wrote: »
    I think it's reasonable for him to pay interest on the debt, because he knew it was paid on a credit card. I'm not sure about the £1000 though. Could she switch it to a 0% deal to stop the debt increasing, or do a BT to one of your brothers cards?

    No it is not reasonable for him to pay the interest.

    The auntie is under that obligation.

    Don't mix morality with legality.

    (A verbal agreement has no legal standing.)
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  • Dave101t
    Dave101t Posts: 4,157 Forumite
    even morally, she agreed to pay it off and he repay the value over time, not the value and some pie in the sky interest. id refuse to even pay the balance as she is a cheeky moo.
    also, never borrow money, MSE tip!
    Target Savings by end 2009: 20,000
    current savings: 20,500 (target hit yippee!)
    Debts: 8000 (student loan so doesnt count)

    new target savings by Feb 2010: 30,000
  • Shelldean
    Shelldean Posts: 2,422 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    tough one this one, as I've allowed my card to be used.
    However the balance was at zero, so when I used it for a rellie, the condition was they got it back to that balance. SO while they got to get what the wanted upfront, I also didn't get hammered with any interest either.
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    vaporate wrote: »

    (A verbal agreement has no legal standing.)

    That is quite wrong. A verbal contract has as much legality as a written contract, it is just that the details of a verbal agreement are more difficult to prove.

    It is true that, as between auntie and her credit card company, the debt is hers, but equally there is an agreement that he will repay auntie the money he borrowed, as evidenced by his repayments.

    Personally I think that he should pay the interest on the money auntie borrowed for him as it seems harsh that she should have to pay for the privilege of doing a good deed, but what it boils down to is what was agreed at the time?
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • vaporate
    vaporate Posts: 1,955 Forumite
    The aunt will have a very hard time proving, and making him pay the interest. The aunt is contracted for the interest.

    Specially this £1000 figure she came up with.

    It will not hold. Far as my opinion goes, he can get away with it easily.
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  • RobertoMoir
    RobertoMoir Posts: 3,458 Forumite
    Part of the Furniture Combo Breaker
    Personally I think that he should pay the interest on the money auntie borrowed for him as it seems harsh that she should have to pay for the privilege of doing a good deed, but what it boils down to is what was agreed at the time?

    I agree he should pay the interest incurred. £1000 sounds suspiciously "round figure"-ish though to be the true interest figure.
    If you don't stand for something, you'll fall for anything
  • Safe as houses and the auntie can work out the interest properly, it certainly is NOT £1000!
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