Credit in my name, someone else paying

LoopyLooLoo_2

Hey guys and gals

I've come here as I seem to be at a lose end for help or advice and I have found these forums brilliant for help previous :T

Cut a long story short, 2 years ago my Aunty asked me for a favour. I did it and got credit in my name for her. She has been paying every month without fail and no miss for past 2 years. She has now decided to spite me and not pay any longer. I can afford to pay the monthly instalment but I don't know where I stand regards to taking her to a small claims. I'm not going pay the next 11 months so she can keep the settees. Yes I've learnt my lesson, don't so anything for anyone again but do you know where I stand on this?

Would the judge favour me for my goodwill and the fact shes been paying it for past 2 years which obviously proves they were for her and she wanted them, the money was coming from her bank account and the goods are in her property.

Any help much appreciated

Edit: Wasn't sure where to post this, please move if not in appropriate section

Tixy

Legally you are liable for the debt and if you don't pay it will effect your credit rating and the lender could take you to court.

You could file a seperate court claim against her but its hard to judge how a judge would rule - I doubt very much that the judge would favour you for your goodwill.
They will only look at the facts of the case. Did you have anything written that proves the agreement between you and your aunt. Eg she might tell the court that she agreed to gift you the money for the first 2years payments - can you prove this is not the case?

babyblooz

Why has she decided to spite you? Have you had a fall-out? What does she think is going to happen to the debt?

Has she made it clear that she isn't going to pay, or is she stalling and giving excuses?

LoopyLooLoo_2

Like I said me paying is not the issue, i understand all that.
I am not prepared to pay the next 11 months for her to keep the settees, that really is not fair.

I can't prove poop, which is why you can see I'm very angry with myself :mad:
CAB were no help to me today either, only told me what I already knew

The issue is technically she owns 2/3 and I'm going to be paying for 1/3 for her to keep them as thats not fair
I can't prove what it was as stupidly to, they day we walked out of the store she had all the paperwork and everything was in my name at her address, so I haven't even had any correspondence over that time
I have since spoken to HFC finance changed my address and asked for a statement to be sent to me so I can then write her a letter with all details, asking her to re consider or I will be going to a small claims (giving her 14 days to respond)

The judge will either say more fol me as shes bankrupt and you should have known better but I cant see how he would be so cold hearted?
I did it out of goodwill, it was an agreement kept up to until now and i have the email as hard evidence as what she said herself, surely that would work in my favour as I tried to d something nice for someone/family?

Has anyone else had a similar situation? What was your outcome?

But if the settees weren't anything to do with her then why would they be in her property?
Why would her younger money less niece be paying for settees for her aunty and why would they be coming out of her account not mine
A family dispute happened and she is doing this to spite me, i have that in writing in an email from her
"As for the settees you can get in contact with your DMP and add this is I am not prepared to pay for them anymore. Yes this is my way of getting back at you, so now you can run back to Karen again and tell her what a spiteful evil !!!!! I am." (I know... and to think she is suppose to be family, what little i ever had)
Thats all i can prove along with the history of her paying from her bank account, everything being at her address and the settees being there now.

Or do I let it go and learn a hard lesson?

:eek:

LoopyLooLoo_2

The payments are up to June 2011, so this is going to cost me approx £1,000!

Edit: She is doing it also because she knows I won't miss the payments, which my boyfriend will have to pay as I can't afford to, the settees are at hers and I can't get them or get anything out of her. I know she wants them, she has nothing else and can't save thats why i did it in the first place. That's why I feel that a small claims is my last attempt

Tixy

If you do decide to go down the small claims route then even that email might be useful -do hang on to it.
Cant advise whether it will be worth it but I do understand your frustration with the situation (and yourself).

At the very least I would threaten her with it in the hope she may change her mind - get some advice on sending a letter before action etc so that it looks like you are serious.

Errata

The judge will either say more fol me as shes bankrupt and you should have known better but I cant see how he would be so cold hearted?

Judges don't judge cases with their hearts, they apply the law.

LoopyLooLoo_2

That email is the only proof that she admits that she is no longer happy to pay for them, they are at her property and she was paying for them up to now. That's all I have

That's my plan, wait for the HFC stuff to some through. Get a letter sent to her and go from there
But I know how this woman works, she will do everything in her power to now keep these settees and not pay any further for them
If it meant me winning or getting them back she would damage them

So who actually owns these now?
This is where I am confused
To the finance company I am liable for the debt, i understand that so I am liable for payments
But if she's been paying for them they are hers
If i pay last 1/3 then a 1/3 is mine, which is why I feel i have a case at a small claims
I know she wants them so she won't do anything too silly, but then again i wouldn't put it past her with her history

LoopyLooLoo_2

Errata wrote: »

Judges don't judge cases with their hearts, they apply the law.

Which is why i am trying to establish the law on where I stand

Errata

I rather think the law is that you contracted to pay for the upholstery and you will be pursued for payment until it's paid for.

Burlesque_Babe

If the credit agreement from the store is in your name, then perhaps you should tell her that technically they are yours. Tell her you are going to get copies of the agreement from the store and she should arrange for the items to be at your address by x date.

Doubt she will comply but if you can't prove what you did was for her (ie the judge will say it's your debt), then equally she can't prove the items don't belong to you.

Your items at her house - surely?