Mum threatening to make me bankrupt

emweaver

InaPickle wrote: »

You need to get some serious legal advice, very quickly.

The message your sister sent, did it say 'from emweaver's sister' or anything like that on the bottom?

no it didn't but she will vouch for me that she sent it

InaPickle

emweaver wrote: »

no it didn't but she will vouch for me that she sent it

That's good, but equally, would she or someone else in your family be equally happy to stand up in court for your mum and say 'Mum lent emweaver £2x'?

emweaver

InaPickle wrote: »

That's good, but equally, would she or someone else in your family be equally happy to stand up in court for your mum and say 'Mum lent emweaver £2x'?

No, I can't see it as none of them know much she leant me other than what she has told them but she treats them as badly so I can't see them saying what she tells them too.

InaPickle

OK. Well. first things first, you need to get some legal advice: I'm pretty sure that the FB message and texts amount to a paper trail in which you have admitted that you owe her money, but the kicker is that you have no way of proving that you have repaid her. You need to see where you stand with regard to both of those things. See what a solicitor says.

In all honesty, I would think very hard about cutting this woman out of your life once and for all once this has been dealt with, and perferably sending all her info the the DSS: she could only have leant you this money if she had it in the first place, and she has just admitted in writing through a solicitor that she had the money, so she has just shot herself in the foot, big-style.

However, that is not going to resolve your situation. Explain to the solicitor that you borrowed x amount from her (as in the FB message) and that you have paid it back but have no proof as she insisted on it being done in cash, not by cheque or bank transfer. Explain you now realise that it has left not trace, and you don't know where you stand.

The very best of luck. Please let us know how you go on. x

silvercar

No judge is going to make someone bankrupt over a facebook message.

InaPickle

silvercar wrote: »

No judge is going to make someone bankrupt over a facebook message.

Not bankrupt, but it could be taken as an omission of libility toward the debt, which would then have to be paid off. emweaver has already paid lots of the debt, but seems to have no proof of it, so could find herself paying again what she had already paid, so needs to get legal advice to see what she can do to possibly prevent that, if indeed the FB message (and text message, to which OP responded) is taken as proof.

Here's hoping none of that happens, but the solicitor's the only person who can tell emweaver that.

P.S. Should have mentioned, the chances of you being made bankrupt over this are very,very small - nearly nonexistent, I would say, but see where you stand overall with regard to the overall debt. Best of luck!

silvercar

Given that anyone can create a facebook account in anyones name, I doubt a facebook posting can count as proof of anything.

Similarly for a text message sent from a random phone number.

ILW

silvercar wrote: »

Given that anyone can create a facebook account in anyones name, I doubt a facebook posting can count as proof of anything.

Similarly for a text message sent from a random phone number.

Very good point.

sandraroffey

it may be worth mentioning the substantial benefit fraud to her solicitor.

they are legally required to report such information given to them, to the relevant authorities.

InaPickle

silvercar wrote: »

Given that anyone can create a facebook account in anyones name, I doubt a facebook posting can count as proof of anything.

Similarly for a text message sent from a random phone number.

The joys of technology and the legal system: I'm not sure how things stand in legal terms, but if people can be prosecuted for writing racist things on Twitter (remember that Cardiff student who wrote racist things about Patrice Muamba when he had a heart-attack on the pitch?) then perhaps it's not so clear-cut. Equally, if the SIM card is registered/attached to a contract, is it considered 'random' or the property of the person whose name is on the contract?

Glad I don't have to figure out how new technology fits in with law...

Whatever happens, best of luck emweaver. Please let us know how it goes.