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Jenny
Jenny, Solicitor
Category: Law
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Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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My son's ex girlfriend foolishly and unbeknown to him

Resolved Question:

Hello, my son's ex girlfriend foolishly and unbeknown to him gave.or lent..him 0ver £6000 pounds, he was paying her back at 150 per month. He also has a debt management plan set up last year. She is now threatening court action and says that if he has no assets...which he hasn't, then the court will take everything from me. Is this true as all this is making me ill. I will also say that my son has mental health issues and has done for many years. Thanking you in advance.
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today.
Have you ever agreed to pay her back on his behalf either verbally or in writing?
Customer: replied 1 year ago.

No as I have helped him out many times in the past and I just don't have that kind of money

Expert:  Jenny replied 1 year ago.
Ok well in that case any agreement between the girlfriend and him as to the money would not 'transfer' to you in the event that he is found liable to pay it back and cannot do so.
She is trying it on and you should not worry about this at all.
You cannot be liable for his personal debts in this way.
If he thinks it was a gift then he should say so and should maintain this position if he does try to take her to court for it.
If you have any further questions please ask. If I have answered your quesiton I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Customer: replied 1 year ago.

HI, it is her that is wanting to take him to court, not the other way round. Can she bankrupt him and if so would he lose his lease car, as without it he would not be able to get to work etc because of his problems.

Expert:  Jenny replied 1 year ago.
Hi, she potentially has a breach of contract claim against him.
She would have to prove that she loaned the money to him and it was not a gift to succeed. If there is nothing in writing it will come down to her word against his.
If the court finds in her favour they order him to pay back in affordable amounts. It is unlikely they would put him in a position where he cannot work.
I would suggest he visits Citizen's advice Bureaux in the event she does put a claim in.
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience: Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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Expert:  Jenny replied 1 year ago.
Hello is there anything further you would like to know about this?

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