Does he have rights

mich6666

No contract, no verbal agreement made,, boyfriend puts £9,000 into my daughters back account for the purpose of helping towards purchasing a new car for myself (mother) not daughter. Now relationship has parted I have received court summons for repayment of funds.

As the funds went from his bank account to my daughters. Does he have a case to take me to court ? Can I simply reject his claim on the bases I was not involved ? Or am I responsible ??

Tks for any help given

Wilma33

Did you buy a car? Do you still have the money? Morally the right thing to do is to give the money back!

stator

So, you were dating when he sent the money?
Was there really no mention of whether it was a gift or a loan?
Why on earth did it go through your daughters bank account?
Is the daughter his daughter?
Is there any other reason he could have put money in her account?

Chrisblue1962

My initial thoughts are "No" as there is no written agreement so no loan agreement was made or exists.

In cases like this there is nothing to stop the alledged reciient saying "It was a gift to my daughter"

Apologies for questions but...

If the money was intended for you, why was it paid into your daughter's account?

Did you or your ex-boyfriend make any written record of the loan taking place or proposed repayments?

If it wa agreed verbally, were there any witnesses?

Lastly, If you know the ex-boyfriend paid you the money and you or you daughter received it, what is stopping you just paying it back?

As far as I'm aware, a verbal agreement without witnesses is wortthless in law..although I await input from more knowledgeable folks.

Update: Verbal agreements are actually legally binding but wise folks follow this up with written agreements / contracts so either party cannot "forget" what was actually agreed in the future, or in legal parlance "For the elimination of doubt..".

tomtontom

Would you rather he sue your daughter?

mich6666

The platonic relationships was for almost 2 yrs, but had asked me to marry him and we were engaged. He kept insisting my car was a too old. I felt pressured into changing mine. I had a 1.3 fiesta 2008 so not a bad car. We never disgusted an amount, I had no car in mine. He once again made a embarrassing seen in restaurant which related to me agreeing to change my car. The next morning over breakfast he told me he had put £9,000 into my daughters bank account. I sometimes use this as I am not working and am my mothers main carer for dementia, so my finances are limited and topped up by income support and care allowance.
This is one of the many reasons why I would not of entered into agreement which I could not repay. I purchased a car. My mother put a further £4,500 making the car cost £13,500.
At no time did we agree or decide on repayment ,, I have had the car for almost a year, never asked for a penny. February I parted from him and now he is bitter and sending suicide emails and threats that the log book should be in him name.
I have the receipt for car payment, log book. There is nothing saying I agreed to this so called arrangement.
Nightmare !!!!

mich6666

I am aware that if money is handed over in cash ,, the agreement has to be in writing and verbal is your word against his.
Money sent from one bank to another is in fact accepted as verbal ..
This I read in law book.

root

Are you just waiting for someone to come along and say it's yours?

mich6666

I do not have funds to pay back,, at the time until now I accepted his help as a gift.
I am a single mum 50 yrs with 7 yr old child, caring for my mother with Dementa that lives at my house.
I have the car One year older, higher milage and ware and tare. The value of the car is a lot less.

mich6666

What ever the out come £4,500 of the car is "yes"

Also if a gift is given can you ask for it back ???

tomtontom

You have two options, acknowledge it was a loan and arrange to repay what you owe.

Continue claiming it was a gift and let him shop you to the DWP for failing to notify them you had £13,500 in capital. At best you'll have to repay a portion of your benefits, at worst you'll be prosecuted for fraud.

Now what was it, a gift or a loan?