Being sued for "loan" which was a gift of £25000 (Scot's Law).

lewdboy

My girlfreind is being sued for £25,000 by a well-off ex-partner. He gave her the money as a gift to pay off her existing debts at the time (March 2009).

There was no agreement drawn and the money was transfered from Scotland to Spain with the note "transfer to family" (not the case).

Lawyers have instructed that under Scot's Law, a transfer of this nature is automatically presumed to be a loan?! Despite having no evidence to suggest that it is.

My girlfriend and i are racking our brains for a get out claus on this other than bankruptcy on her part. Any ideas?

(PS, my girlfriend was a Spanish National at the time and still is today. Could this shift legal proceedings to Spain? Ie, Scots law cannot rule over foreign transactions?)

I will stay online as much as possible to answer any further questions. Please remember that this case is being delt with under Scottish Law.

Many thanks in advance.

gb12345

lewdboy wrote: »

Lawyers have instructed that under Scot's Law, a transfer of this nature is automatically presumed to be a loan?!

Is it your girlfriend's lawyers who have said this or is this just what the person lending is telling you they have been told?

lewdboy

Girlfiend's lawyers unfortunately. Payment is fully traceable and acknowleged by both parties. There is no evidence to sugest a loan of any sort and the the transfer id information from bank states 'Transfer to Family'. Aparently this was stated to avoid some fee or tax. This may or may not help the case.

lewdboy

In addition, lawyers are charging us £240p/h on this one and it is understandably difficult for us to shop around for a second opinions and fresh ideas for a defence having already spent hundreds.

Sparx

Is it not innocent until proven guilty? How can Scottish law dictate that any funds transferred to another party is 'automatically a loan' - what a load of tosh!? Are you sure that's right? Not just crap from their lawyer to see if you cave in and try part some cash as a settlement?

If neither have any form of agreement, recorded verbal meetings, etc.. How can they prove otherwise??

pauletruth

your girlfriend was in spain. i take that as living there.how does Scots law apply.

lewdboy

That was my exact reaction our lawyer told me and my own research seems to back that up. Utter madness, but it still remains the fact. I'm all for the 'fool and his money' saying but it would appear that the fool now has as much protection as a failing European bank now (under Scot's law).

lewdboy

Debts were incurred through a failed business venture in Spain (funded through personal finance). Both parties are British residents. My girlfriend is a Spanish national perminantly employed in the UK. The pursuer is a British national.

Monies were transfered from the pursuers british bank account to my girlfiends spannish account to settle spannish debts (all traceable).

roonaldo

a £25k gift, really?

Sparx

I must've missed a 0, I thought it said £2,500 not £25,000!? Geez, a £25k 'gift' does start to seem a lot less realistic than a £2.5k gift.. You'll need a good lawyer!!

somethingcorporate

The value changes nothing really.

I think I'd get a new lawyer, it sounds like tosh to me too. Have you got legal cover on your home insurance?