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Brother in law demanding repayment of money given as gift
gibboelli
Posts: 222 Forumite
Just looking for a bit of input really to try and set things clearly, not legal advice.
My boyfriend is being harrassed by his brother in law to repay money he says he owes him. There was no loan agreement, this money was given at the time as gifts for various things, amounting to roughly £500.
At the time he was living with his sister and brother in law and when things turned sour and they gave him an eviction notice, they demanded this money be repaid. Under duress, he signed a letter saying he would pay this money back. He had gone to the council and they had told him they would only give him emergency housing if he produced a letter stating he was to be evicted. The brother in law would only supply this IF he signed this letter. My boyfriend was obviously scared that he would be on the street if he did not sign this letter as demanded. We have a copy of both of these letters, dated on the same day.
Although the final payment date on the letter expired at the end of 2012, the brother in law accepted a longer repayment term and my boyfriend has paid back £100 that morally he felt he owed him thus far.
The brother in law is now threatening to take my boyfriend to court as he has now decided he wants his money back quicker.
So my question is, do people think the brother in law has a leg to stand on? This is obviously worrying my boyfriend greatly and I would like to have some broader opinions on this and what the best course of action would be.
My boyfriend has asked for a breakdown of what exactly the brother in law believes the money is for he owes him.
My boyfriend is being harrassed by his brother in law to repay money he says he owes him. There was no loan agreement, this money was given at the time as gifts for various things, amounting to roughly £500.
At the time he was living with his sister and brother in law and when things turned sour and they gave him an eviction notice, they demanded this money be repaid. Under duress, he signed a letter saying he would pay this money back. He had gone to the council and they had told him they would only give him emergency housing if he produced a letter stating he was to be evicted. The brother in law would only supply this IF he signed this letter. My boyfriend was obviously scared that he would be on the street if he did not sign this letter as demanded. We have a copy of both of these letters, dated on the same day.
Although the final payment date on the letter expired at the end of 2012, the brother in law accepted a longer repayment term and my boyfriend has paid back £100 that morally he felt he owed him thus far.
The brother in law is now threatening to take my boyfriend to court as he has now decided he wants his money back quicker.
So my question is, do people think the brother in law has a leg to stand on? This is obviously worrying my boyfriend greatly and I would like to have some broader opinions on this and what the best course of action would be.
My boyfriend has asked for a breakdown of what exactly the brother in law believes the money is for he owes him.
Some people feel the rain...others just get wet
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My mum done this to me last year and when I contacted CAB I was told yes she could do it to me as I admitted to owing the money which your boyfriend has done in signing the agreement.Wins so far this year: Mum to be bath set, follow me Domino Dog, Vital baby feeding set, Spiderman goody bag, free pack of Kiplings cakes, £15 love to shop voucher, HTC Desire, Olive oil cooking spray, Original Source Strawberry Shower Gel, Garnier skin care hamper, Marc Jacobs fragrance.0
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this money was given at the time as gifts for various things, amounting to roughly £500.
My boyfriend has asked for a breakdown of what exactly the brother in law believes the money is for he owes him.
So has he had money from them he hasn't paid back or not?
Happy moneysaving all.0 -
Well its never actually been made clear what the money is that supposedly my boyfriend owes.
He knows £150 was when the brother in law paid his loan for him, which he has paid £100 back of and will be paying the other £50, he still isnt sure what the rest is for. He beleives its for various things that were bought for him as gifts and with no agreement or understanding whatsoever that he was to pay back but now brother in law is angry with him is saying that it was on a 'loan' basis. This is why he has asked him for a breakdown.Some people feel the rain...others just get wet0 -
What does his sister say about all this?"Growth for growth's sake is the ideology of the cancer cell" - Edward Abbey.0
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My mum done this to me last year and when I contacted CAB I was told yes she could do it to me as I admitted to owing the money which your boyfriend has done in signing the agreement.
Jeez, how classy to squabble with your own mother about money.
It's like Jeremy Kyle on here some days, it really is."Growth for growth's sake is the ideology of the cancer cell" - Edward Abbey.0 -
sorry - he signed the letter saying it was a loan. so why does he now think it was a 'gift'? the letter made it plain it was a loan. he is liable to pay it back. and so he should.0
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sorry - he signed the letter saying it was a loan. so why does he now think it was a 'gift'? the letter made it plain it was a loan. he is liable to pay it back. and so he should.
I think the letter was signed under duress......he was told that he would only get a letter to say he was being made homeless if he signed another letter to say he owed the BIL and sister the money2014 Target;
To overpay CC by £1,000.
Overpayment to date : £310
2nd Purse Challenge:
£15.88 saved to date0 -
sorry - he signed the letter saying it was a loan. so why does he now think it was a 'gift'? the letter made it plain it was a loan. he is liable to pay it back. and so he should.
Perhaps he should, morally. If indeed it was a loan. But I don't think he signed the letter because he agreed it was a loan; he signed it because it was the only way he could see of getting the council to house him after he'd been booted out.
I'll ask again... what does the sister think about the squabbles between her husband and her brother?
It's all a bit tawdry. I can't imagine my brother and husband behaving like this. Lending money, not knowing if it's a gift or not, kicking people out of houses, forcing people to sign stuff, threatening to take them to court. Jeez, if your family does this to you, God help you when you cross your enemies."Growth for growth's sake is the ideology of the cancer cell" - Edward Abbey.0 -
I think Judge Judy specialises in stuff like this. God forbid it should come up before a real judge in a real court. What a waste of public money."Growth for growth's sake is the ideology of the cancer cell" - Edward Abbey.0
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yes I think it was signed under duress too - its PROVING it that's the problem here!0
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