Borrowing from parents

Tommo301079

I don't know if this is the right thread.
In June 2011 I bought a car for £10000. I px my car for £2500 and my mum lent me the other £7500. For one reason or another my mum did not want her husband to know she had lent me the money. Only my husband, myself and my mum knew. Everyone else thought we had got a loan. Because of previous issues my mum gave us £1500 of the loan as a gift. We had to repay £6000. We agreed to do this by paying £200 a month. I payed my mum £1200 cash. Then we had a fall out and stopped speaking. My mum arranged with my husband to set up a standing order into my brothers account. Again this was because her husband didn't know about the loan. We did this until September 2013 when we had paid £4800. We then stopped the payments. My mum has left threatening voicemails on my husbands phone (she is blocked) threatening bailiffs and court. We have ignored her as she is generally quite irrational. Then we received a solicitors letter stating that my mum AND husband lent us the full £10000 for the car. And they want paying back. I went to citizens advice but they had no solicitor appointments left at the time. They advised that I ignore the letter as they didn't think there was anything my mum could do. They'd told me if I received any more letters to get in contact and they would get me a solicitors appointment. I have now received a letter stating that my mum and her husband are issuing proceedings without further notice.

Is there anything I can do? I can only prove the bank payments to my brother. She paid the £7500 on her debit card. I have no receipts for cash payments.

dealer_wins

Tommo301079 wrote: »

I don't know if this is the right thread.
In June 2011 I bought a car for £10000. I px my car for £2500 and my mum lent me the other £7500. For one reason or another my mum did not want her husband to know she had lent me the money. Only my husband, myself and my mum knew. Everyone else thought we had got a loan. Because of previous issues my mum gave us £1500 of the loan as a gift. We had to repay £6000. We agreed to do this by paying £200 a month. I payed my mum £1200 cash. Then we had a fall out and stopped speaking. My mum arranged with my husband to set up a standing order into my brothers account. Again this was because her husband didn't know about the loan. We did this until September 2013 when we had paid £4800. We then stopped the payments. My mum has left threatening voicemails on my husbands phone (she is blocked) threatening bailiffs and court. We have ignored her as she is generally quite irrational. Then we received a solicitors letter stating that my mum AND husband lent us the full £10000 for the car. And they want paying back. I went to citizens advice but they had no solicitor appointments left at the time. They advised that I ignore the letter as they didn't think there was anything my mum could do. They'd told me if I received any more letters to get in contact and they would get me a solicitors appointment. I have now received a letter stating that my mum and her husband are issuing proceedings without further notice.

Is there anything I can do? I can only prove the bank payments to my brother. She paid the £7500 on her debit card. I have no receipts for cash payments.

There is the problem.

Your own MOTHER lent you the money, and you stop the payments.

Come on its your mum, not Ronnie and Reggie. Pay her and stop being a jerk!!

Mojisola

Tommo301079 wrote: »

In June 2011 I bought a car for £10000. I px my car for £2500 and my mum lent me the other £7500.

Because of previous issues my mum gave us £1500 of the loan as a gift. We had to repay £6000.

I payed my mum £1200 cash.

We did this until September 2013 when we had paid £4800. We then stopped the payments.

Is there anything I can do?

Pay her the rest of the money you owe her?

And don't expect to ever get any more from her.

Tommo301079

We paid her £1200 cash and £4800 in bank payments. That's is the £6000 we owed. I don't know if I've explained the situation right. But she is saying we lent £10000 which we didn't.

Tommo301079

I asked for advice not abuse. We owed £6000. We paid £6000. That is why we stopped payments. Her husband is claiming we lent £10000. We didn't. She gave us £1500 as a wedding present. We had a car which we traded for £2500. It left £6000. We have paid. Do we pay money that we don't owe because it's my mum???

Gaz83

See, this is why folk need to be clearer when they explain things. No wonder folk are going off on one.

Just to confirm - your new car was £10,000 and you got a part-exchange for £2,500. So the cash price you had to pay was £7,500. Your mum gave you this £7,500 but £1,500 of this was a gift with £6,000 a loan?

And you've now paid her back that £6,000 and she's now trying to claim for not only the £7,500, but the full £10,000?

Presumably you have some kind of paperwork relating to the purchase of your car and the £2,500 part exchange?

Mojisola

Tommo301079 wrote: »

I asked for advice not abuse. We owed £6000. We paid £6000. That is why we stopped payments. Her husband is claiming we lent £10000. We didn't. She gave us £1500 as a wedding present. We had a car which we traded for £2500. It left £6000. We have paid. Do we pay money that we don't owe because it's my mum???

That's a better explanation.

Your first post made it sound as if you still owed her money.

Do you have anything in writing saying that the £1500 was a gift? If not, you may end up paying that back.

Gaz83

Tommo301079 wrote: »

I asked for advice not abuse. We owed £6000. We paid £6000. That is why we stopped payments. Her husband is claiming we lent £10000. We didn't. She gave us £1500 as a wedding present. We had a car which we traded for £2500. It left £6000. We have paid. Do we pay money that we don't owe because it's my mum???

If you'd been clearer with your original post folk might have been better equipped to give advice.

It's quite a common thing on here - posters post Problem A, receive unwanted response to Problem A, then it turns out that it should have been Problem A, B and C and people get narky that they've not received the response they wanted, when they've not given the full story in the first place. Certainly to most people it looked like you'd only paid £4,800 instead of £6,000.

Tommo301079

We don't have the paperwork as we no longer have the car. To be honest I never thought I would need it. I don't have proof that the £1500 was a gift either. She gave us that because she had done the same for my brother. I understand that i could have to repay that. It's the fact that they are saying they lent us the full £10000 which they didn't. Her husband didn't even know about it at the time. We paid £200 a month into my brothers account until we had paid off the balance. The only thing my mum can prove is that she paid £7500 for a car.

I'm sorry if I'm not explaining it right. I just wanted advice as I can't believe what they are doing.

Gaz83

To be honest, I suspect legally there's nothing they can do. If there's no paperwork been exchanged between you and your mum then I believe the onus would be on her to prove that they provided you a) with a loan and not a gift, and b) with the full £10,000. I don't see how they could prove that.

Tommo301079

Thanks Gaz83. This is exactly what a citizens advice advisor told me. But I don't understand how a solicitor is advising them to issue proceedings. The advisor did say that they could have paid a solicitor to send me the letter to frighten me into paying it. But her husband had nothing to do with it. It wasn't from an account with his name on.