Mother in law, baliffs and threatening letters?

euronorris

I don't know how the private claims thing works either. Have you looked at the website she used to start the claim? It may offer more insight.

DebtKiller

darkestangel30 wrote: »

There are 3 things she paid for, rent (550), car tax (around 100), and council tax (150 ish). I got a reciept for the car tax, council tax and the rent shows on the bank statement. But could it be considered a gift? No agreement was signed by anyone, so I'm interested to understand how it works. I mean, my mum has put small amounts of money in my own bank account, as a gift years ago, would she be within her legal rights to take me to court and demand that I pay her back?

I am by no means an expert, but I would imagine it's down to the Magistrate(?) to use his/her own common sense when presented with whatever evidence is provided. I think it's fairly unlikely that someone would take out credit simply to gift that money to someone else, which could be an indicator of credit taken out on someone else's behalf?

As I say, I'm not an expert, but I would imagine delving into the website link in my last post would help.

terryw

DebtKiller wrote: »

I am by no means an expert, but I would imagine it's down to the Magistrate(?) to use his/her own common sense when presented with whatever evidence is provided. I think it's fairly unlikely that someone would take out credit simply to gift that money to someone else, which could be an indicator of credit taken out on someone else's behalf?

As I say, I'm not an expert, but I would imagine delving into the website link in my last post would help.

It will be a County Court Judge.

The OP's friend as obviously had a county court judgement registered against him as other posters have pointed out. A judgement may also have been taken against the OP but this is not clear from her posts.

At this point in time, the judgement exists and enforcement proceedings can be taken as well as the current detriment to his credit record. Application can be made to have the judgement set aside but this will require turning up to hearing. If the judgement is set aside then there will be another hearing to decide the validity of the claim.

My own guess (and I stress that I am not a lawyer!) is that the defence of unlicensed money-lender would not be accepted in the case of a straightforward family loan. where no profit is being made.