We'd like to remind Forumites to please avoid political debate on the Forum... Read More »
We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Being sued for "loan" which was a gift of £25000 (Scot's Law).
Options
Comments
-
spacey2012 wrote: »Ask for a copy of:
The Initial Loan agreement:
The Lenders licence number under the Consumer Credit Act 1974 to allow them to make repayable loan arrangements.
On production of these, tell them you will take them more seriously.
Neither of which are essential to enforce a non commercial loan.0 -
The donor is Scottish. The donor came by the money legitamitly. As my girlfriend is a Spanish national, and the money came into her possesion only in spain, is there a chance that this case could not be delt with by the Scottish legal system and the pursuer would have to take it to the Spanish courts?0
-
Surely this would have been covered when you seeked legal advice as per earlier posts?The donor is Scottish. The donor came by the money legitamitly. As my girlfriend is a Spanish national, and the money came into her possesion only in spain, is there a chance that this case could not be delt with by the Scottish legal system and the pursuer would have to take it to the Spanish courts?0 -
Not the nationality part, that has not been mentioned yet, but will be tomorrow. Didn't think it would be relevant.0
-
Honestly it doesn't matter what we armchair lawyers think, you need advice from a lawyer, far cheaper to spend 5K on a lawyer then loose it all by following incorrect advice.0
-
Agree with CoolHotCold, you need proper legal advice which is beyond an internet forum0
-
Would employing a Spanish lawyer not be cheaper, too?Cashback Earned ¦ Nectar Points £68 ¦ Natoinwide Select £62 ¦ Aqua Reward £100 ¦ Amex Platinum £48
0 -
Judge Judy would solve this in 2 minutes.
no agreement - no loan :A0 -
The principle in Scots law is that there is a 'presumption against donation'. This is what the solicitors involved are talking about.
Given the amount involved you really need legal advice, but any evidence you've got to prove it was a gift is your best hope due to the amount involved eg any e-mails or texts exchanged between her and her ex-boyfriend.0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 351K Banking & Borrowing
- 253.1K Reduce Debt & Boost Income
- 453.6K Spending & Discounts
- 244K Work, Benefits & Business
- 599K Mortgages, Homes & Bills
- 176.9K Life & Family
- 257.4K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.1K Discuss & Feedback
- 37.6K Read-Only Boards