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Nicola-mod, Moderator
Category: Law
Satisfied Customers: 9
Experience:  Moderator
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Hi, My sister has asked me to seek some advice on her behalf. In

Customer Question


My sister has asked me to seek some advice on her behalf.

In 2007 my sister was purchasing a house. She had a deposit and a mortgage in place. She had recently became friends with a very overbearing friend, who kept offering money as part of the deposit as a gift when purchasing the house. My sister said that she didnt need it, but the friend kept insisting, saying that it was a gift and that she didnt want it back as it was because of their friendship. The amount was for £10,000 which the friedn said had come from the sale of a property of hers. My sister said that her friend should speak to her husband first, with which the friend replied that this was her money and had nothing to do with her husband saying that "her money is her money and nothing to do with him". About 18 to 24 months ago the two had a massive falling out and were no longer on speaking terms. All of a sudden my sister started receiving text messages and phonecalls saying that her friend wanted her money back that she "loaned". This is completely not true. Her and her husband, who she finally told about the money 3 months ago, have been visiting my sisters home, my parents home and her friends home trying to get the money. They are threatening all kinds of action including to the High Court and Bankrupcy proceedings, which is really affecting my sisters health. In a nutshell: my sisters friend gave her £10,000 as a gift in 2007. There is n o written contract to say it was a loan as it was given as a gift. Almost 5 years later she is asking for it back as they have fallen out as friends. Do they have a case if this went to court? The Citizens Advice Bureau have said that we having nothing to worry about and as there is no contract my sister does not need to repay the money - is this right? What should we do as it is affecting my sisters health and well being. Thank you.
Submitted: 3 years ago.
Category: Law
Expert:  Senior Partner replied 3 years ago.
HI thanks for the question. If it was a gift then of course it is not repayable.Once a gift is made then it is final if it was a willing gift. If they sue then this will turn on the evidence if there is nothing in writing. So the question will be what witnesses or other evidence is there that this was a gift not a loan or is it simply your sisters word against the ex friends? The fact that there is no loan agreement is not conclusive either way. CAB are not right in so far as the lack of a contract is not fatal to a claim it was a loan but as long as your sister has other people who will back her up then she nothing to worry about.
Expert:  Nicola-mod replied 3 years ago.

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