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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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In October 2006 following a conversation regarding the purchase

Resolved Question:

In October 2006 following a conversation regarding the purchase by my daughter of her own house,a wealthy friend/work associate offered to give me the £6000 shortfall.I never asked he offered.I am devestated that he has asked for it back.In all this time there has been no mention of it and he now says it was a loan.That word has never been mentioned,no papers were signed and never has he indicated that the money would need to be paid back or i would never have accepted it.I see him once a year at christmas and this year along with my christmas card he gave me a letter re the repayment!!He has since sent letters demanding that the house be sold and the money raised !!!Has he legally any right to do this.Thankyou
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Was anything in writing please?
Customer:

nothing in writing at all and no mention of the word loan.

Alex Watts :

And nothing has been paid about repaying since October 2006?

Customer:

do you mean nothing has been said.If you do nothing has been said or paid.

Alex Watts :

Has anything been paid or said between October 2006 and recently?

Customer:

no.The first indication was a letter given to me with my christmas card aroound december 20th 2013

Alex Watts :

Ok - then I do not think you have anything to worry about.

Alex Watts :

If this was a loan as opposed to a gift then the person has 6 years to bring a claim under the Limitation Act 1980.

Alex Watts :

As the 'gift' was made in October 2006 they had until October 2012 to make a claim.

Alex Watts :

As we are now in March 2014 they are simply out of time

Alex Watts :

If proceedings were issued you could defend it on the basis that it was not a loan, but a gift. However in any event any claim is statute barred.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

you could define statute barred if you have time.thankyou

Alex Watts :

As I said under the Limitation Act 1980 they have 6 years to bring a claim. Outside of this it is time barred and they can not bring a claim.

Customer:

many thanks.

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