Can you take a family member to small claims court if they have a payment plan already ?

[Scottishgirlinwales]

I owe DB/SIL some money (borrowed right before I lost my job and then have been unable to work since) . I have been paying back a set amount monthly without fail as can’t afford the whole lot as agreed before circumstances changed.
DB is saying they can take me to small claims court - can they ?
It was £7500. I have paid back £3000 already.

What was the original loan for? Was it for something that he might reasonably have expected you to change when you realised you were out of work and your circumstances have changed? For example going ahead with home improvements when they're not essential could make him feel he was being taken advantage of. Social media won't give you a real sense of his own state of play re money; he could need it back badly.

It was for home improvements which I had done virtually immediately and then was unwell about 3 months later. In hindsight the improvements were due to declining health but at that point I did t realise the extent of it had no diagnosis and just thought I was struggling in some areas (hence needing a downstairs shower and toilet) and some level access to the house

did you talk to them before starting the monthly payments? if so, did they agree?

have you ever borrowed from him before?

No , and I explained how I couldn’t pay back in one go and said I’ll start paying the maximum amount I can monthly immediately

It would be utterly pointless of him to do that as they would only get a payment plan based on affordability and they already have that. They can't get the court to force you to pay it back in a lump sum if you don't have a lump sum.

Not really because small claims will only guarantee a payment plan which is already being paid it won't give you a lump sum

I only see small claims being touted when NO payment is being made

Having googled it, it looks like your liable for your own costs in small claims?

Child maintenance refused to take my ex to court for his arrears because he was on disability benefits and they couldn't take money off those they were protected so your family might have a struggle getting more money via court order

They don't seem to have thought this through