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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69379
Experience:  Over 5 years in practice
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Not sure whether you can help but almost 10 years ago my

Customer Question

Hi not sure whether you can help but almost 10 years ago my sister gave us £3000 to pay for some furniture, the cheque was made payable to the furniture owner direct. She then got divorced and then 4 years later met someone new he married her and demanded this money back tho he says it was £5000, my Mother gave me £2,000 to help us out in cash. My sister and her new husband said they didn't want the £5000 back then sent a barrage of emails saying they had changed their minds, money was tight and we had lost our house we never ever said it was a loan neither did my sister. As I wanted him out of our lives I agreed to pay £75 per month, this time is up in May 2016 as that is the cheques amount covered back to my sister for £3000. I don't see why I should have to pay him the other £2,000 as this was a cash gift from my Mother and I spoke to her about it 12 months ago before she passed away and she said she didn't want it back. She had given another sibling money and so it was not expected back she just wanted us to be happy. Can my sister and her husband demand this £2,000? Can they take me to court?
Submitted: 8 months ago.
Category: Law
Expert:  Jo C. replied 8 months ago.
Why has it turned into £5k?
Customer: replied 8 months ago.
I think she is combining the £2,000 cash my Mother gave me onto the £3,000 cheque amount she gave us originally saying it was her inheritance from my Mother.
Expert:  Jo C. replied 8 months ago.
Why do you owe her for that?
Customer: replied 8 months ago.
No thank you, ***** ***** your offer but I have just paid £47, I can't afford to keep paying money everywhere. They have added the £2,000 gift from my Mother to the £3,000 cheque amount. They think this is theirs too. He threatened to tell people about our money problems and said if I defaulted with the payments he would take it further. He said by agreeing to pay it back I had admitted it was a loan, I never admitted anything they had already said they didn't want it back in an email. I have paid back every penny she gave us over very difficult times but the £2,000 came from Mum. I suffer from poor health and work full time to pay bills and I don't want any more stress. I just feel I am being bullied.
Customer: replied 8 months ago.
Will you be answering this last message or is the conversation over?
Expert:  Jo C. replied 8 months ago.
Sorry, I don't understand why you are though to owe the £2000?
Customer: replied 8 months ago.
My sister assumes the 2000 from my Mother is her inheritance but my Mother never said that to me, they are very volatile and as far as I am concerned this cash amount is not hers. My Mother told me she did not want it back. I just need to know if there is no written contract for any of this money and no receipt for the cash amount can my sister and her new husband take me to small claims court for the extra 2000. I have proof from my neighbour the cheque was made payable to her for 3000, not 5.
Expert:  Jo C. replied 8 months ago.
Yes, that is all fine but that is nothing to do with you. You just plain do not owe it. It is nothing you have any involvement in. You are not liable.I'm not sure how they maintain the notion that you are.
Expert:  Jo C. replied 8 months ago.
You are liable for the sum you actually borrowed but this is nothing to do with that sum. Can I clarify anything for you?Jo

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