Does he have rights

root

tomtontom wrote: »

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?

Thrugelmir

mich6666 wrote: »

T
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.

In your opening post you said the money was for your mother's benefit. Not for yourself. Whereas it appears it was you that accepted and used the money.

mich6666

I can have £16,000 at any one time says the DWP

My mother has no connection in this only that I said she gave £4,500 towards a newer car...

My question is quiet simple ,,,

This has nothing to do with being clever ,, can someone ask for something back ones given as gift ? Also 1 yr later...,

If he want control over car why ? Did he not purchase one himself placing receipt and log book clearly in his name ,,,,

Grumpelstiltskin

Just wait for the phone call from Judge Rinder, mind you you might be safe as I think the advert says he doesn't accept cases where court proceedings have been issued.

mich6666

I thought this was a good idea as I wanted a lawful answer to help
Not people to pass judgement ...

root

mich6666 wrote: »

I thought this was a good idea as I wanted a lawful answer to help
Not people to pass judgement ...

It is a bit weasely though isn't it?

mich6666

No it's the truth and the court will only deal in fact

And probability ,,, there is no agenda only complete shock when I received the summons ,,,,,

stator

If it was a gift then he can't ask for it back.
If it was a loan then he can, although nothing in writing so you can offer a repayment strategy that you think is reasonable.

If it goes to court, you says it's a gift, he says it's a loan, no-body can tell you what the judge will decide.

If you want to get this sorted and get rid of him you could make him an offer. Start the letter with "Without Prejudice" (google this term and follow the guidance). Then say something like:
"I do not accept that the money was a loan. I believed at the time that it was a gift and continue to believe that is what you intended. As you remember I do not want a new car and only bought one because of your insistence. However, in order to bring an end to this disagreement I will sell the car for it's current market value and purchase another car of reasonable quality. The new car will be comparable to what I would have purchased if I sold my original car + my mum's gift. I will then forward you the difference, which will be considerably less than your original gift payment. This offer is only available for 1 week, take it or leave it"
If you know any solicitor friends get them to look at it, otherwise pay a solicitor to write it for you.

Mojisola

mich6666 wrote: »

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.

mich6666 wrote: »

I am a single mum 50 yrs with 7 yr old child, caring for my mother with Dementa that lives at my house.

So he gave your child £9k and you took it out of her account and spent it?

Mojisola

mich6666 wrote: »

I can have £16,000 at any one time says the DWP

So why didn't the money go into your account instead of a 7 year old child's?