Can I get any kind of injunction on someone making continuous threats of civil court

Milkyway101

Keep_pedalling said:

As there was a mortgage involved, his ex MIL would have had to make a declaration to the mortgage company then it was a gift, no way back from that. It almost certainly wont go to court as she will almost certainly loose.

I’d like to think so, but that declaration does not exist anymore as it was over 10 years ago so we can’t prove that aspect and the bank simply take what the lender says as source of funds - which in their mortgage application (SAR obtained) says several time ‘gift’ but they have confirmed the bank themselves would not have needed to see the declaration, that’s the for solicitors . 

Milkyway101

Spendless said:

born_again said:

Were the finances not all sorted out as part of the divorce?

If they were, then you do need to ignore the threats. 

Tell you partner, not to tell you if they get anymore & not to respond & keep wasting money of solicitors.

^^^^ This. Was a financial order sorted as part of the divorce? If it wasnt it needs doing though if either of them has remarried since it alters things.

If it was then the division of assets should have been sorted then  and nothing more to do.

I think your anxiety and health issues are probably becoming worse with this going off and Id address them as a priority. 

Yes, financial order was sorted as part of the divorce and all done and dusted amicably. At that time, they did not know of this claim from ex MIL so it wouldn’t be part of the settlement as didn’t exist, it came after. 

MattMattMattUK

Milkyway101 said:

MattMattMattUK said:

Milkyway101 said:

I wish we could just ignore them but I am such an anxious person that I just need answers and an end to it all.

That is something I would urge you to speak to your GP about, they will have options to help you with your anxiety. 

Milkyway101 said:

It’s destroying our lives and it’s all just such lies.

Being blunt, it is not. You might feel it is, but it only does that if you choose to let it.

Milkyway101 said:

If they want to take it to court then they just need to get on with it, instead of keep threatening to.

They do not want to go to court as it is highly likely that they would lose, incurring costs, so instead they keep sending letters in the hope that you will decide to give them money so that they go away.

Milkyway101 said:

It’s the unknown that is so damaging thank you for your response though I appreciate it 

Unknowns are not damaging, it only feels that way because you are allowing this to make you anxious, please speak to your GP, and/or a therapist about your anxiety, if it is not this, it will become the next thing, or the next thing.

Thank you, don’t worry I have spoken to my GP and therapist. It’s utterly ridiculous I know it is, but it doesn’t stop me worrying, over thinking and becoming ill because of it all.

Ok, good to know you are getting professional support in that area, make sure you keep talking to them so they can keep helping you as I know these things can spiral without proper help.

Milkyway101 said:
They’re dragging it on so much and it shouldn’t be allowed. 

It is difficult, but legal arguments can and often do go on for years, especially when the party saying they will act know they do not have a case, they hope that the other party will eventually give up and offer them something to make them go away.

Milkyway101 said:

Keep_pedalling said:

As there was a mortgage involved, his ex MIL would have had to make a declaration to the mortgage company then it was a gift, no way back from that. It almost certainly wont go to court as she will almost certainly loose.

I’d like to think so, but that declaration does not exist anymore as it was over 10 years ago so we can’t prove that aspect and the bank simply take what the lender says as source of funds - which in their mortgage application (SAR obtained) says several time ‘gift’ but they have confirmed the bank themselves would not have needed to see the declaration, that’s the for solicitors . 

Have you asked the conveyancing solicitor rather than the bank? They normally retain records a lot longer and may well have the declaration on file, although will probably charge for sourcing it from their archives. 

Milkyway101 said:

Spendless said:

born_again said:

Were the finances not all sorted out as part of the divorce?

If they were, then you do need to ignore the threats. 

Tell you partner, not to tell you if they get anymore & not to respond & keep wasting money of solicitors.

^^^^ This. Was a financial order sorted as part of the divorce? If it wasnt it needs doing though if either of them has remarried since it alters things.

If it was then the division of assets should have been sorted then  and nothing more to do.

I think your anxiety and health issues are probably becoming worse with this going off and Id address them as a priority. 

Yes, financial order was sorted as part of the divorce and all done and dusted amicably. At that time, they did not know of this claim from ex MIL so it wouldn’t be part of the settlement as didn’t exist, it came after. 

Then the financial order settles things. The gift was a gift, not a loan, if it was a loan it would have either not been accepted by the solicitor or it would have reduced your borrowing by the nature of it being a loan, either that or the mortgage would have been refused. If the ex-MIL wants to argue that the money was a loan and not a gift, and so the ex-partner and ex-MIL both committed mortgage application fraud by declaring it was a gift and by signing a letter claiming it was a gift, then their best case scenario is that their own child would owe the money back to the ex-MIL, but in the absence of a loan agreement and the other circumstantial evidence any court would treat it as a gift.