Debt between family member

crispy_chris

immoral_angeluk wrote: »

No, because it's a gift. A gift is a gift in the eyes of the law and if you gave it to her on the premise that she didn't have to pay it back you wouldn't be able to get it back from her in the future just because of your own hardship.

The onus in any court case is to show there was an agreement to pay it back at some point, not just that the money was received.

Yeah but what I'm saying is that I would perjure myself and claim that it was a loan and that she has refused to repay...

immoral_angeluk

crispy_chris wrote: »

Yeah but what I'm saying is that I would perjure myself and claim that it was a loan and that she has refused to repay...

You would still have to prove it, that there was initially an agreement to repay which she hasn't gone along with..

crispy_chris

immoral_angeluk wrote: »

You would still have to prove it, that there was initially an agreement to repay which she hasn't gone along with..

right, so in essence a verbal contract literally isnt worth the paper its written in, in any circumstance.

so taking that further, surely the OP's partner has nothing to worry about because if he so desires, he could just walk away and never repay the debt.

Tixy

crispy_chris wrote: »

right, so in essence a verbal contract literally isnt worth the paper its written in, in any circumstance.

so taking that further, surely the OP's partner has nothing to worry about because if he so desires, he could just walk away and never repay the debt.

But in this case there is a record of repayments being made each month so that could be used as evidence - assuming they started just after the loan went in the other direction. Doesn't make it a strong case but it does make a case.

In your example there is nothing at all to suggest it was a loan.

crispy_chris

Ahh fair point. I'm just seeing where the line is drawn, I can also see its a very fine one

immoral_angeluk

The trouble with verbal contracts is they are more difficult to prove they exist. If you have a witness to the agreement etc then it's fine.. but if you have no proof it's very difficult to argue.

traceyjf

woody01 wrote: »

Well the husband doesn't sound the best either tbh.
Only paying off £3.5K in 5 years.
That doesn't sound like he is making too much effort to clear it now does it?

I was simply asking for advice not for people to come on here sl*gging off my husband. You havent offered any advice at all.

Do you think he wanted to be in the siuation where he had to borrow money from anyone whether it be a bank or family member?!

If he could pay more than what he has then he would :mad:

woody01

traceyjf wrote: »

I was simply asking for advice not for people to come on here sl*gging off my husband. You havent offered any advice at all.

Do you think he wanted to be in the siuation where he had to borrow money from anyone whether it be a bank or family member?!

If he could pay more than what he has then he would :mad:

Sorry but you are whinging about your sister in law here.
You husband, although paying money back, is not making much inroads into it, and you seem to think that the SIL is being unreasonable.

She is 10 GRAND in the hole because of you and you seem to think that's OK and she shouldn't be upset!

traceyjf

Rafter wrote: »

Why should his sister be £3,500 out of pocket at a result of paying interest on the second mortgage for the last 5 years.

I'm sorry - but your husband is naive to think that a loan of this size would somehow be interest free.

You really don't want this getting to court but somehow need to find a way of paying it back.

How much could you afford to pay each month? How much could you afford to borrow in your own name. If your husband really has no possible way of paying it back, he should never have paid the loan. Are there any elderly parents or does your husband own a property? In which case perhaps the sister would be happy to wait until an inheritance or until the house is sold?

R.

I dont think his sister should be out of pocket at all...If I could get the money together then I would more than happily give it to her but neither myself or my husband are in the position to do that.

He is paying what he can afford every money. There have been months when he has given her extra when he has had it.

We own our house and there are parents but not ederly. She wouldnt wait for any inheritance or until we sold the house because she wants it by the 30th of this month. The letter stating this was sent from the solicitors on the 20th of this month. Even if we remortgaged it would take a lot longer than 10 day...Unrealistic!

We have tried to remortgage!

traceyjf

woody01 wrote: »

Sorry but you are whinging about your sister in law here.
You husband, although paying money back, is not making much inroads into it, and you seem to think that the SIL is being unreasonable.

She is 10 GRAND in the hole becuase of you!

NO not because of me....I wasnt even on the scene when she lent him the money!

IF I HAD THE MONEY SHE COULD HAVE IT!

So advice?! No still none?! Then why read the thread and continue to comment.

I wouldnt mind your contructive criticism if you actually offered any!