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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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my cousin ,im her next of kin as she never married or had children

Customer Question

my cousin ,im her next of kin as she never married or had children gave me money to help my struggling business , now out of the blue ive had a letter from her solicitors asking for the money back plus interest. repayment of the money was never discussed from the
beginning ,nothing was signed between us ,she said i would inherit her estate upon her death, she is in very poor health ,she lives in france on her own.Peter
Submitted: 3 years ago.
Category: Law
Expert:  UK-Justice replied 3 years ago.
Thanks for your question, my name isXXXXX will do whatever I can to help you today.

It sounds like there is a dispute over whether this was a gift or a loan.

Was it ever discussed it would be repaid?

Was it ever discussed it was a gift?

How long ago did she give you the money?
Customer: replied 3 years ago.

it was never discussed it was a loan ,she was being very generous giving me cash when i visited her ,paying for hotels ,flight to south of france .. she contacted me after 25 yesrs and asked how life was etc ,i said my business was struggling ,i never asked for money ,she said she would like to help me ,the money gifts started mid 2010 it was late 2012 that she asked me on the telephone do i think i could ever pay her the money back.i replied i coudnt, she said i dont want it all, i beleive this attitude is because i didnt respond in late 2011 to her sexual approaches!in a hotel when she wanted to spend the night with her

Expert:  UK-Justice replied 3 years ago.
Did you ever offer or make any repayments?
Customer: replied 3 years ago.

no never nor did she ask until late last year i have never paid her any money

Expert:  UK-Justice replied 3 years ago.
How much are we talking?
Customer: replied 3 years ago.

129,000

Customer: replied 3 years ago.

i should add this was over a 2 year period in about 20 cheques

Expert:  UK-Justice replied 3 years ago.
Thanks.

In that I would write to her Solicitor and set out the position.

You had 20 cheques over 2 years.

It was never said that it was a loan.

It was never said that it would have to be repaid.

You took it was a gift.

It seems strange that now there is a demand for it back.

As the Solicitor for EVIDENCE that it was a loan.

I am sure there is none.

But that is how you should respond.

I hope this helps and if there is anything else I can do to help you today please let me know.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.

i have asked for documentary evidce but not received a reply yet but only asked 2 days ago , can my cousin prove it was not a loan if she could i would have to petion for bankrupsy,thankyou for you help so far,

Expert:  UK-Justice replied 3 years ago.
Yes but I can not see there being evidence.

I hope this helps and if there is anything else I can do to help you today please let me know.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience: Called to the Bar in 2007
UK-Justice and other Law Specialists are ready to help you
Customer: replied 3 years ago.

how would the claimant proceeded against me ,what type of court would deal with claim ,not a county court i assume,

Expert:  UK-Justice replied 3 years ago.
Yes county court claim.

That is required for money claims.






Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Expert:  UK-Justice replied 3 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice

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