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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I borrowed money from my 17 year old son in March his mother

Customer Question

I borrowed money from my 17 year old son in March his mother has since found out by opening his male without permission and is demanding that I repay the money straight back which at the moment I'm unable to do. I borrowed the money with his full permission as we were at the bank together I didn't obtain any of his personal information because the transaction was done at the bank while we were both there.I am taking him on holiday later today but unless I'm pressured into making some sort of agreement today she tells me he won't be able to go.I do have it in writing from my son via email that he told his Mum he lent me the money willingly What are my rights please?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** 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 : How much did you borrow and how much is outstanding please?
Alex Watts : Note I can help you with the debt side but not the family law aspect of this matter if that is ok ?
Customer:

I borrowed £700 and £700 is still outstanding

Alex Watts : If the child is under 18 they can't consent in law.
Alex Watts : They can not enter into contracts, they do not have capacity
Alex Watts : Therefore even though the child agreed, they do not have capacity to do so.
Alex Watts : Therefore your son is unable to make a contract and loan you the money as such, because he can not make his own decisions by law.
Alex Watts : You should make some sort of arrangement to pay it back because sadly your son does not in the eyes of the law have the ability to agree.
Alex Watts : I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest
Alex Watts : Can I clarify anything for you about this today please?
Customer:

Yes please if I'am prevented from taking my son on holiday by his Mum this evening will I be able to offset that cost against what I owe £565.60 in total I know it sounds a bit mean but legally as I'm led to believe she cannot prevent me from seeing him but can she legally prevent him from being taken out of the country were going to Majorca I have supplied her with the necessary contact details in case of emergency

Alex Watts : I can't help with family law as that is not my area, as I initially outlined, I an tell you about civil law relating to the debt
Alex Watts : But you won't be able to offset the cost as you are making a deduction from a minor.
Alex Watts : You can't do that sadly
Customer:

Thank you no problem you have been very helpful

Alex Watts : Great, all the best with this.
Alex Watts : If I could invite you to rate my answer before you go today
Alex Watts : If the system won't let you please do say
Alex Watts : If you need more help please click reply.
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Expert:  Clare replied 2 years ago.
HiThe first thing to be aware of is that your ex has no power to stop your 17 year old going on holiday with you wherever you are going.He is over 16 and is able to chose for himself whether he goes with you and where.Equally since you are his parent you were fully entitled to agree on his behalf to his loaning the money to you and your ex has no power to insist on its return unless your son asks her to assistClare

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