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Max Lowry
Max Lowry, Advocate
Category: Law
Satisfied Customers: 1457
Experience:  LLB, 10 years post qualification experience
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Hi there. My mum leant me £10,000 in 2005 to help me buy

Customer Question

Hi there.

My mum leant me £10,000 in 2005 to help me buy my house. There was no official agreement as to when it would need to be paid back. So far I have paid back £4500 of it. She has sent me a letter now asking for £250 per month until the rest of the debt is cleared. I can't afford this much per month but the letter states that she will take me to a small claims court and go for an attachment if earnings if I don't agree to this. I haven't spoken to any of my family for over 12 months and I know that this is being done just to get back at me. (The letter was not composed by my mum as she is not that bright, it's being driven by a niece of mine that I do not like who feels this is a way of getting at me)
I do not want to enter into negotiations over my financial affairs with any of my family so if I ignore the letter and don't take any action, how would I fare if she did take me to court? I have recently made a repayment to the loan of £500 from money that I saved and am going to make another payment soon from a tax rebate that I'm due. There was never any repayment plan in place and it was going to be paid back on a 'when I have it' type basis. I'm note disputing that I owe the money and I am paying it back when I can.

Thanks
Submitted: 4 years ago.
Category: Law
Expert:  Max Lowry replied 4 years ago.

Max Lowry :

Hi, welcome to Just Answer. I will help you with your question.

Max Lowry :

If nothing was agreed about repayment, then it would be considered a loan that is repayable on demand. As such, if she asked for the entire amount back immediately, she would be able to proceed to Court on that basis and demand the entire sum be repaid now.

Max Lowry :

However, if you agreed terms, such as payment of £250 per month, then she would have to stick to that.

Max Lowry :

But assuming the first is the case, and there is no agreement, then it's nothing something you would want to get to Court as she would be entitled to all of it immediately.

Customer: So if she took me to court I'd have to pay the £250 per month, I can't afford that!!
Max Lowry :

Unless you can argue that she agreed, impliedly if nothing else, to accept a lesser sum each month.

Max Lowry and 3 other Law Specialists are ready to help you
Customer: replied 4 years ago.
Ok thank you
Expert:  Max Lowry replied 4 years ago.
Thank you - good luck resolve this.

MAx