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Additional Details
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Wayne C | Do I have to pay back a gift? |
7 years ago I accepted a 'gift' of £1500 from my mum, at the time I was out of work and needed to pay bills. She made it clear that it was a gift by way of recognising the number of times I had helped her out paying her bills etc. At the time the money came from her husband my step father. For years this was never discussed or mentioned but recently we have had a falling out and I have now recieved a letter asking that the 'loan' be repaid or legal action will be taken! This was never discussed as a loan nor any arrangement or agreement made to pay it back and for several years I have heard nothing - where do I stand in legal terms? Do I have to now pay it back? |
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Onestep downfrom God
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If it was a loan, and there is no paperwork to validate it, it's outside the statute of limitations. (6 years).
Tell them (politely) to go away and play elsewhere. |
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kabod66
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I am not in the UK, but without a firm agreement at the time the money was given, I am thinking that a court would not uphold the claim.
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retox
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Your mother hasn't a leg to stand on. She would have to prove it was a loan for starters. It seems that she has forgotten how kind to her you have been in the past, helping her with bills etc. Perhaps, you could ask for this money back. It's a shame you cannot discuss this with her and remind her of how good you have been to her in the past. |
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Eddy T
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A gift is not a loan, you need not have to pay back. A gift has no legal implications. You should respect and have good relations with your mum. There shouldn't be any fall out. |
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raysor
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No. A gift does not have to be paid back, otherwise people would be asking for Christmas and Birthday presnets back! |
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Happy
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Your mother and stepfather will have to prove that the money was a loan and what the terms of repayment were. Do you have any proof it was a gift?
Sad you've fallen out and it would be even sadder if it ended up in court, perhaps mediation would help? |
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grammy
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Just write back to them saying you accepted this as a gift not a loan and you have no intention of paying it back. If they indeed want to file legal papers they will just be wasting their money as there is no proof that this was indeed a lone. Do they never watch Judge Judy? No not try to make arrangements to repay as this would make it a loan, and you would be responsible for the balance. Now if your Mom borrowed it is her responsibility to repay not yours. |
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COLIN T
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It is always sad to hear cases' like yours where family relations have broken down. Legally each of you would need to prove your case. To be honest, if it was me personally, i would take the view that if relations had reached this depth my own pride would make me say that i was very saddened at the attitude being taken over what was clearly described as being a loan. But, if she feels this way it would sadden me that much that my own mother would sue me, that i will pay her back this gift - in whatever instalments i can afford - to try to better our relations. |
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Piggy C
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I am no lawyer - or else I would be rich! I don't think you have to pay it back with out an agreement having been made at the outset. The fact that you have only been asked now kind of proves it was a gift.
Why do people do this to their own family? Is there no way you can patch up your differences? ( I am not saying it is your fault by the way) is much to short to spend time hurting the people you really love, I know, all my family died much too soon. |
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