Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Have they issued a claim? What evidence are they relying on to show it is a loan? Kind regards AJ
Hi, Thank you. You will have to defend the claim or at least respond to it now it has been issued. Did they demand the money from you before they made the claim? How long ago was the money loaned to you was it 2 years?
Hi, Thank you. I am afraid the debt does not pass on with her, it is still a right (known as a chose in action) that belongs to her estate. Technically they would have six years to enforce it . The point here is that you are saying it was a gift, if it was a gift that is different, you cannot rescind a gift. The family would have to prove that you agreed that this was to be a loan with your friend. If they cannot actually prove this then their claim wont be successful. Do you want to avoid repaying it?
Hi Thank you. Do you have anything in writing to show that she was adamant it wasnt a loan? Emails etc? Ultimately you can submit a defence on the basis that it is not enforceable as a loan and was always a gift.
Hi, Thank you. You will have to submit a defence on the basis that this was never intended to be a loan and was always a gift. You can say payments were made to her as a gesture of good will but ultimately you had no contractual obligation to repay the money. How many days do you have to respond to the claim?
Hi, Thank you. Do you have the defence reply form? Kind regards AJ
Hi, Thank you. You will need to respond to their claim and go through point by point and deny the allegations. You will then need to summarise and say that the money claimed was a gift and there is no legal obligation on you to repay it. What does their claim actually say? Have they provided any evidence?
Hi, Thank you. Their claim is fairly short, you will have to write in your defence a time line of how you received the loan and confirmation that it was never intended to be repaid. As the claim has been issued you have to respond to it otherwise you risk a judgment against you.