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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48776
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I gave my brother in different installments a few years ago,different

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I gave my brother in different installments a few years ago,different amounts of cash totalling 3 grand,only one was a cheque which was for a thousand pounds,the rest cash withdrawals,this was whilst I was also caring for our mother for four and a half years,can I possibly claim anything back as he and his wife just used me
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. Were the amounts given on the understanding that they were a loan to be repaid?
Customer: replied 1 year ago.
Not really,but I was let down caring for my mum on my own
Expert:  Ben Jones replied 1 year ago.
When did you lent the money?
Customer: replied 1 year ago.
Because they were struggling and I was too much of a soft touch
Customer: replied 1 year ago.
'
Expert:  Ben Jones replied 1 year ago.
Sorry I think you misunderstood my question, not why but when did you lend it?
Customer: replied 1 year ago.
It would be 8 or 9 years since,too long I suppose now
Expert:  Ben Jones replied 1 year ago.
Ok first of all you need to have some evidence that this amount was given as a loan. It is no good to have intended this amount as a gift and then just because you had a falling out to change it to a loan. Just because you received no help for looking after your mother does not mean you can just change a gift to a loan. So some evidence would be required of that. Secondly, there is usually a time limit of 6 years to make a claim. However, if there was no agreed date for repayment, the time would start to run from the date a demand for repayment was made. So even if the debt was more than 6 years old, if you had not agreed a repayment term you can still send a demand letter now and the 6 years would start to run from that date. You have the right to consider taking this to court if necessary, but be aware of the requirement to prove this was a loan, rather than a gift. This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow should you decide to take the matter further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.
Customer: replied 1 year ago.
No i,m not happy but I shall just put it down to experience
Expert:  Ben Jones replied 1 year ago.
Yes I understand that and I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
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