Does he have rights

stator

mich6666 wrote: »

O really !!!!

So much for answering all the questions honestly
Wot a complete waste of time

All I here is uneducated !!!!!es


Thank you very much for all your help all be it some answer did help and are sensible ,,,

Don't take it personally. There are many old grinches around here and they behave in the same nasty way to everyone who makes a thread.

mich6666

Thank you

I am really at my wits end about this whole thing

Above all this
I am getting suicide threats emails from him ,,, just want it to be done and move on ....

Selling the car is not as quick as it sounds and I have court papers to complete with in 14 days ,,,,


All very stupid given what other people are going through in life ,,

matttye

My understanding is that the court will hear evidence from both of you. You will say it was a gift, he will say it's a loan, and then the judge will decide who he believes on the balance of probabilities.

Have you made any payments to him since he transferred the money to your daughter's account that he might say are instalment payments? (especially lump sums or regular amounts) If so, that may work in his favour.

redpete

I'm not sure why you would consider it so shocking that someone who loaned or gave you £9000 in the context of what they thought was a long term relationship should want it back when the relationship finishes quite soon after the transaction was made.

jonesMUFCforever

Jackanory.

sidefx

jonesMUFCforever wrote: »

Jackanory.

Yeah, Exactly!

dealer_wins

The court will very likely (and quite rightly) order you to repay the money to him IMO.

stator

dealer_wins wrote: »

The court will very likely (and quite rightly) order you to repay the money to him IMO.

Based on what? If I give you £1 and say "go buy an ice cream", can I demand my money back? At best I can demand the Ice Cream but most people would have assumed it was a gift from me.

Herzlos

stator wrote: »

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.

This is the best and fairest way to deal with it. Make it clear you bought the car under sufferance and are willing to downgrade and give him the difference. But also make it clear that any car you bought from a dealer a year ago will be worth significantly less in a quick sale now.

Clive_Woody

mich6666 wrote: »

Thank you

I am really at my wits end about this whole thing

Above all this
I am getting suicide threats emails from him ,,, just want it to be done and move on ....

Selling the car is not as quick as it sounds and I have court papers to complete with in 14 days ,,,,


All very stupid given what other people are going through in life ,,

Send him the number for the Samaritans, remind him that no repayment was ever discussed when he made his cash gift for your car then ask that he stop contacting you as this constitutes harassment.

Return the court papers stating that the money was a gift and keep a record of all contact from him including any emotional blackmail attempts should you need this at a later date.