Ex relatives trying to sue me for a gift

Unfairclaim

Hi, can anyone offer legal advise on small claims court please?
My Ex in-laws are trying to take me to court over money they gave to my ex as a gift several years ago, they are now claiming it was a loan. This was never discussed and i have never asked them for money
They claim the money was to help us buy a house but i have proof that the house was bought with equity from a sale plus additional mortgage borrowing
They told my ex it was a gift in the way as an advance on their inheritance at the time
I would be grateful for any advice
Thanks

[Deleted User]

They'll need to evidence that it was a loan to you and ultimately convince a court.

Do you think they can do that?

PRAISETHESUN

I am curious why they are coming after you though when they gifted your ex the money? (I mean I can understand them coming after you out of spite or something - if it was solely about the money then they'd presumably go after the actual person they loaned it to?). In any case, presumably if they gifted the money there is a record of the gift? Most mortgage providers wouldn't accept a loan as a reasonable source of a mortgage deposit and would want to see proof that the money really was a gift. Outside of that, as zx says the onus will be on them to prove it was a loan. If you never signed a loan agreement then I think you're probably on safe ground.

Unfairclaim

Nothing was ever discussed they gave my ex a cheque and that was it. They are claiming my ex has paid back half of it but I have doubts around that. Most of the money was spent on furniture and I took none of it when we split up. I also have an audio recording of my ex saying they want the money back that they 'gave to her' and  that she cant remember talking about a loan, she clearly says 'yes they gave me the money and now they want it back' (I was advised by the police to record any aggressive behaviour following  previous issues)

Ebe_Scrooge

They're on a hiding to nothing then.  In the absence of any documented proof, they have absolutely nothing on you.  Let them take you to small claims court if they want to, it'll be their loss.  But do make sure you keep evidence of any aggressive behaviour - that's a separate issue, and one which would be taken seriously by the police.

Unfairclaim

Thanks, i have been offered mediation from the court and that if i dont take up the offer it may go against me, but the letter says i can only do mediation if i am willing to negotiate the amount they are claiming, is denying it ok for this?

Sallyp2

You can do mediation, it wont count against you, but the court will expect you to agree that you should pay something back albeit not the full amount being claimed for.
I wouldn't bother with mediation, just head straight to court. They have to pay all fees, unless you loose, then you pay, both the fees and amount owing.
Without any form of paperwork then they have no rationale for a claim. You need to be sure they dont have any paperwork and have not cobbled something together behind your back. Old emails can be forged for dates / times and content

MalMonroe

Unfairclaim said:

Thanks, i have been offered mediation from the court and that if i dont take up the offer it may go against me, but the letter says i can only do mediation if i am willing to negotiate the amount they are claiming, is denying it ok for this?

I don't understand this. Why have you been offered mediation if the letter you've received says you can only do that if you are willing to negotiate the amount they are claiming? That makes it sound as if you've been offered mediation but it won't be helpful anyway as the decision has already been made.

I don't agree that you should have to pay anything back but if it's already gone to court then this matter does need taking seriously. I'd just advise not agreeing to anything you don't feel happy with in the meantime because you obviously need all the facts and more information. It's strange that you haven't received any.

I think you might benefit from some legal advice. Why not see if you can get one of those introductory appointments with a solicitor where you don't have to pay anything? Or ask Citizens Advice. https://www.citizensadvice.org.uk/about-us/contact-us/contact-us/contact-us/

Thrugelmir

File a defence. The money was a gift to your ex. You have no knowledge of it being a loan to yourself. Ball is then entirely in the court. You've nothing further to say or prove. 

Thrugelmir

Sallyp2 said:

You need to be sure they dont have any paperwork and have not cobbled something together behind your back. Old emails can be forged for dates / times and content

Difficult to forge signatures on a legally binding document that doesn't exist. 

Shakin_Steve

Thrugelmir said:

Sallyp2 said:

You need to be sure they dont have any paperwork and have not cobbled something together behind your back. Old emails can be forged for dates / times and content

Difficult to forge signatures on a legally binding document that doesn't exist. 

Plus, they'd be in a lot of trouble if it could be proved they'd put forged documents before a court. They'd be mad to take that chance.