Ex wants gifted money back

somethingcorporate

Then no proof it was a loan = (almost) no chance of getting it back.

It is quite simple

victoria797

If its not your money,then its just NOT yours.what would you do if you were in the same situation?

Its her money and your friend should return it,atleast in installments,if not in full.End of.

Jonny1975

And just to add, he has used the proceeds from the sale to purchase a new house and keep a roof above his children's heads.

lovinituk

Jonny1975 wrote: »

@lovinituk - As I have said, there is more to it than just face value, but I am merely stating the facts of the matter in hand.

Are they her kids?

Jonny1975

lovinituk wrote: »

Are they her kids?

Yes they are. However I'm not here to get into a discussion about morals on his behalf, just looking for the facts.

lovinituk

Jonny1975 wrote: »

Yes they are. However I'm not here to get into a discussion about morals on his behalf, just looking for the facts.

I'm not worried about the morals but that's actually an important bit of information and in my mind changes it a fair bit!! If she is not helping financially with the kids upbringing then your friend probably has a very good argument not to pay her back.

Jonny1975

lovinituk wrote: »

I'm not worried about the morals but that's actually an important bit of information and in my mind changes it a fair bit!! If she is not helping financially with the kids upbringing then your friend probably has a very good argument not to pay her back.

On a personal level, as well as knowing the full story, I also agree.

lovinituk

Sounds like he should just let it go to court. With the lack of evidence on her part and the fact that he appears to be a responsible parent bringing up the kids on his own, will speak volumes to the judge!

I think he needs to respond to the claim within a certain time, make sure he does do that. I also believe that as the defendant he can choose which court it will held at i.e. more local to him.

Jonny1975

Yes, he will be defending the claim via the defence form, however obviously doesn't want the stress of going to court. The question I raised to him was the time that has past and whether he could go down the Statute Barred route since it's been more than 6 years.

lovinituk

Jonny1975 wrote: »

Yes, he will be defending the claim via the defence form, however obviously doesn't want the stress of going to court. The question I raised to him was the time that has past and whether he could go down the Statute Barred route since it's been more than 6 years.

Possibly but surely that would need to be raised in court? Its probably not worth worrying about actually going to court - it will probably be over and done with within 10 minutes!

Perhaps he should see a solicitor - most will do a free initial consultation. Also check if he has access to any legal helplines through any insurances he has.