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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69991
Experience:  Over 5 years in practice
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me and my partner have been good freinds with very big

Resolved Question:

Hello me and my partner have been good freinds with very big lottery winners they have given us many gifts and large sums of monies we have had a fall out at Christmas now there asking for some of the monies back saying it was a loan and not a gift.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 2 years ago.
Hello
Have they a right to ask for the gifts of money back please
Expert:  Jo C. replied 2 years ago.
Well, it depends. This will come down to whether these transfers were gifts.
If a court accepts that they were then they cannot recover. Gifts are gifts whether people have rows or not.
If the court says they were loans then they have to be repaid.
I imagine they are saying that these were loans? If so, it will come down to which version of events is believed. That is always difficult to predict. Generally speaking, with cash transfer courts take the view that they are loans not gifts I'm afraid. People do give expensive gifts all the time but they don't usually make cash transfers as gifts. They are just not really gifts on the whole. Since they are lottery winners a different view may be taken possibly.
If they are loans then they do have to show what was agreed about repayment. If everybody was silent on the point then a court will probably say it is due immediately but if they accept in evidence without realising it's relevance that nobody agreed a repayment scale then a court may well say it is not due yet.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
Thank you for your reply. We were given a cheque for 50k then 20k then bank transfer 10k then 5k then a transfer 335 k there asking only for the 335k if it was a loan why was no loan agreement signed?? Thank you
Expert:  Jo C. replied 2 years ago.
Because loan agreements are never signed with soft loans. That is not a ground to contest this I'm afraid. People very rarely do sign loan agreements unless they are commercial agreements.
The absence of a loan agreement will not stop the court finding in their favour.
Customer: replied 2 years ago.
Thank you can this matter go in front of a judge and with the factsin front of him let him decide
Expert:  Jo C. replied 2 years ago.
They can't make you pay without a court order unless you agree.
The only risk here is costs because of the amount in question.
Customer: replied 2 years ago.
Thank you but would they have to appear in court to give evidence I would want them in the box they can't do this to people because they have money and they don't care
Expert:  Jo C. replied 2 years ago.
Yes, you can go to court if you want to.
Bear in mind the risk of costs. If you lose you will end up paying their costs.
It is 50-50 really. It could go either way.
Customer: replied 2 years ago.
Thank you but if we go to court will they have to come to court to give evidence they have given many many persons large cash sums I have that evidence
Expert:  Jo C. replied 2 years ago.
Yes, they will have to give evidence.
Customer: replied 2 years ago.
Thank you I was going to act for myself and see it through the court and give my evidence to keep costs down maybe I need to instuct a barrister
Expert:  Jo C. replied 2 years ago.
For this value then you do.
You need to do everything you can to avoid going to court. Costs will be high.
Jo C., Barrister
Category: Law
Satisfied Customers: 69991
Experience: Over 5 years in practice
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