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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12088
Experience:  30 years as a practising solicitor.
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My sister who is in her seventies lent her nephew £3500 over

Customer Question

My sister who is in her seventies lent her nephew £3500 over two years ago on what was to be a short term loan to purchase a family car which as they live in a highland village they could not function without. The loan to be repaid after the ski season however there was very little snow and the loan was deferred for a year. Since then there has been tow successful ski seasons and the son also now has a job working for an oil firm in Dubai they can well afford to repay this loan now. The nephew however was made redundant and is now saying he cannot afford to repay this despite running the ski school for his son this year. They have persistently refused my sisters request for repayment and have now refused to communicate with her. She has however sent them a typewritten letter but has unfortunately I have discovered sent it to a neighbours house number rather than theirs-her address is not on what is really and angry note neither has she signed the missive the nephew has however told another relative that he intends to take her to court for slander- apart from the transfer of money from her bank to his she has no other proof that she lent him this money to purchase a family car. Can you give me some advice as I am obviously very worried for her.
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

The nephew won't raise proceedings for slander. It costs a fortune to do so and there is no legal aid available.

Your aunt should be getting her solicitor to send a demand letter for the money and if they still don't pay she should take them to court and raise an action for payment.

The evidence of the transfer from her bank to his is evidence of the loan.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 4 years ago.

Thank you for your reply I already told him I would take him to court not that I can afford to but he replied he would just say she owed him the money

Expert:  JGM replied 4 years ago.
There are other family members who can speak to the transaction. He won't be believed.