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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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There I was given 10 K Gift by a family friend. Now

Resolved Question:

hello there
I was given 10 K Gift by a family friend.
Now he wants it back and has threatened to take me in court.
What are your suggestions on it?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Is there any evidence that it was given as a gift?
Customer: replied 1 year ago.
Yes a bank slip, and interview with the manager.
Also the bank has it on the record that it was a gift.
Customer: replied 1 year ago.
r u still there Ben?
Expert:  Ben Jones replied 1 year ago.
What was the purpose of the gift, why was it gifted to you?
Customer: replied 1 year ago.
It was gift to help buy the property.
Customer: replied 1 year ago.
this was his first email:N RESPONSE TO MY REQUEST
ON 12TH YOU SAID I CAN HAVE A L L MY MONEY
YOU WERE VERY HONEST AND TRUTHFULLY OPEN
AFTER 4 DAYS YOU EXPRESSED NO INTENTION OF RETURNING
MONEY WITH EXCUSE
HOW ECONOMICAL WITH TRUTH
YOU HAVE UNTIL 3RD MARCH 2015 TO REFUND ALL MONEY
FAILURE TO DO SO I WILL START CIVIL COURT RECOVERY ORDER
IT WILL COST YOU EXTRA -- COURT FEE PLUS SUBSTANTIAL LEGAL
FEES
I WILL USE YOUR OFFICE ADDRESS FOR COURT PROCEDURE
DR SURESH RAUT
Customer: replied 1 year ago.
and now his second one today:shall i send you court notice
Expert:  Ben Jones replied 1 year ago.
When was the money gifted?
Customer: replied 1 year ago.
End of 2014
Expert:  Ben Jones replied 1 year ago.
It really depends on whether this was a genuine gift or not. There must have been an intention by the donor for this to be a gift rather than a loan and this is a factual matter, something which will depend on what happened at the time, what was agreed and what was communicated. You do have witnesses to this so that should help you. The important thing to note here is that he cannot be stopped from making a claim in court for this if he wanted to. It is his legal right to challenge this, even if you claim that it was given as a gift. It would be for him to prove that it was intended as a loan and if he cannot do that then he will not be successful and his claim would be rejected. But he cannot be stopped from making the claim. So if you cannot reach an agreement and he still maintains that he will pursue you for it, he could issue a claim which you must defend – you cannot avoid that unfortunately. So whatever evidence you have to show that this was a gift you should get ready and you must advise him that it is clear this was a gift and that any claim he makes will likely be unsuccessful which means that he would be the one penalised with costs when he loses. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.
Okay Ben, as i am not in talking terms since this started, what is the best way to approach?
Expert:  Ben Jones replied 1 year ago.
You will have to do this in writing then at least you will also have copies of any correspondence. Hope this clarifies?
Customer: replied 1 year ago.
can it be by email , as i don't have his address, Although I can find it.
Expert:  Ben Jones replied 1 year ago.
Yes email is certainly acceptable. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
Customer: replied 1 year ago.
Lovely!! I have the problem with evidence...him and me were both interviewed by bank Manager. But I cannot get any evidence apart from their personal notes( which I have seen on their computer screen, but they can't give it to me)
Although I have got a letter from them stating 10K was deposited on the same day by the customer..
Expert:  Ben Jones replied 1 year ago.
If necessary you can ask the manager to act as a witness
Customer: replied 1 year ago.
so who can ask her -Is it me or the court will summon??
Expert:  Ben Jones replied 1 year ago.
Please leave your rating for the advice so far and i can continue helping with follow up questions, thank you
Ben Jones and 4 other Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.
Many thanks. If you want to ask the manager to come as a witness you will have to ask them yourself. They cannot be forced to attend though so if they are unwilling to do that then all you can do is consider asking the court to issue a witness order, forcing them to appear as a witness. Be careful though as forcing someone to attend when they clearly do not want to, does not always help you so only do that if absolutely necessary.

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