Help: advice on getting money back from divorcing sister

morgan98

Hi All,

I wonder if someone may be able to offer some advice on this loan problem I have. About 8 years ago I leant my sister and he husband about 20,000 GBP (over 24 months) to help her and her husband with an overseas business. The money was lent while we both living overseas however it was from my UK HSBC account into my sisters UK account – not their joint account. It turns out that when I wanted paying back in 2017, that decided to divorce and unfortunately had large debts. My sister paid me back 10k from an inheritance but no longer has any money, while the husband wont provide her any view of his finances claiming he is on the breadline (as a management accountant and with an MBA from Cambridge???). Plus he claims that his parents helping babysitting the kids write off the amount he owes me and that my sister needs to honor the debt.
There is acknowledgement from my sister that it was a loan in an email this year and probably in old email chains but there was nothing put in writing at the time (stupidly). I haven’t spoken to the husband we aren’t particularly close and knowing him he would abdicate himself completely saying it was a loan between my sister and I. Do I have any comeback from this and can I take him to court as my sister has paid her amount of the loan back? I have bank statements showing the transfers and she would probably be happy to stand up in court saying it was a loan.

Any help/ advice would be greatly appreciated.

molerat

Get your sister to pay it or write it off. Evidence from a vindictive ex is unlikely to carry much weight in a court case you have little chance of winning anyway.

morgan98

Can I ask why I would have little chance in winning it?
I have bank statements showing the amount going into her account and I assume if a debt is taken on by one (as there is proof it is going to her account), it is a shared debt as they were married? I also have proof in emails between my sister and her husband acknowledging it was a loan.

Thanks for your help.

BoGoF

You can't on the one hand argue it was a joint loan then say your sister has paid her 'share' of the loan. There is no share of a joint loan, each borrowere is jointly and severally liable for the full amount.

So even convincing a court it was a joint loan isn't really going to help you.

BoGoF

And no, them being married doesn't make it a joint loan.

Socajam

How about getting your sister to add it to the divorce settlement, nothing ventured, nothing gained.
It's worth a try.

morgan98

I have and he responds saying that the amount should be offset by the help his parents give to her. I guess my issue is that she has paid 50% of the money back and HE should pay the other 50%. She has no money from assets.

BoGoF

morgan98 wrote: »

I have and he responds saying that the amount should be offset by the help his parents give to her. I guess my issue is that she has paid 50% of the money back and HE should pay the other 50%. She has no money from assets.

Thats not how the law works.

MEM62

morgan98 wrote: »

The money was lent while we both living overseas however it was from my UK HSBC account into my sisters UK account – not their joint account.

morgan98 wrote: »

Do I have any comeback from this and can I take him to court as my sister has paid her amount of the loan back?

You can take anyone to court anytime you like. Unfortunately, in this instance you would have a cat in hell's chance of winning. Even without additional supporting documentation, which would be paramount, by your own statements above, you lent the money to your sister. He owes you nothing.

macman

Do you have anything to prove when or if the loan was to be repaid?

morgan98

sadly no. I told my sister to put money into an savings account which she/they were meant to open, when she was back on her feet as I didn't need it at the time. They were then supposed to transfer it back to me when I was going to by a house. Evidently she didn't do this.