Does he have rights

Pixie5740

If you gave someone £9k and for a year never mentioned or expected repayment then you can't just turn it into a loan because they eventually give you the old Spanish archer.

KRB2725

If you really didn't want a new car, why did you take a further £4500 off of your Mum to get one?

It sounds as though you were more than happy to buy one & got extra cash to buy the one you wanted.

You may win in court, but you could also be morally responsible even if you manage to convince a judge you are not legally responsible.

stator

JethroUK wrote: »

I'm sure there are,

But people that give "gifts" are very unlikely to take you to court to get it back

And as a judge or juror I would start with that premise and would need a lot of convincing from the recipient that it was in fact "a gift" eg given on our around a birthday, Christmas

Lucky you're not a judge then. The burden of proof is on the claimant as it should be. As mentioned previously, the OPs BF seems to be having a bad reaction to the break up of the relationship, hence the court action and threats of suicide.

JethroUK

stator wrote: »

Lucky you're not a judge then. The burden of proof is on the claimant as it should be. As mentioned previously, the OPs BF seems to be having a bad reaction to the break up of the relationship, hence the court action and threats of suicide.

In between the legal definition of loan and that of a gift there is a massive hole where I would favour the righteous

Pixie5740

No, there isn't a massive hole. There's a gift which is, well a gift. Then there's a loan that comes with a repayment schedule or some promise to repay. There isn't something in between that you can go smiting on behalf of the righteous. What's righteous about giving a gift and demanding it back over a year later anyway?

JethroUK

Pixie5740 wrote: »

No, there isn't a massive hole. There's a gift which is, well a gift. Then there's a loan that comes with a repayment schedule or some promise to repay. There isn't something in between that you can go smiting on behalf of the righteous. What's righteous about giving a gift and demanding it back over a year later anyway?

between evidence of "a loan" and evidence of "a gift" there is a massive hole and if I had to judge from this hole, I would favour the righteous

Wilma33 wrote: »

..Morally the right thing to do is to give the money back!

Pixie5740

JethroUK wrote: »

between evidence of "a loan" and evidence of "a gift" there is a massive hole and if I had to judge from this hole, I would favour the righteous

This is all rather pointless since the OP hasn't come back. However, for there to be evidence that this was loan, the OP would have had to have made repayments or agreed to make repayments in the year between receiving the money and ending the relationship, and that doesn't appear to have happened therefore there was no loan.

Then again based on your stance maybe I should ask my ex for all the gifts I gave him. Could you go and smite him for me?