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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To ask if anyone’s been sued by their family member? Grandad is suing me and I need advice

519 replies

LaughingGiraffing · 19/11/2018 21:08

NC’d for this, but I’m a regular poster and sorry it’s a long one!

I’m a landlord of a small flat and around 3 years ago my mum moved back into the area and I rented the flat out to her. I wouldn’t usually do this but she would’ve struggled to find a place otherwise as she had practically no credit history. But I was clear that I’d still do everything by the book and treat her like I would any other tenant. She’d also bought some furniture - the flat was actually fully furnished before she lived in but she wanted to replace some bits with things more to her taste. I said yes as long as she either left it or replaced it when she left.

She didn’t last long, after 2 months she went back to where she’d moved from, and I was unable to get a tenant in for some time so used her deposit to cover rent arrears. She was fine with this and it was all done above board via the TDS. It turns out her dad, my grandad, had bought the furniture I mentioned above. Even though it would have meant me replacing bits, I offered to give it back to him. He said no as he had no room for any of it - he said if I ever came to sell the flat then to just sell the furniture on and give him the cash.

I’ve since found out he also funded her 2 rent payments, deposit, and a few other bits and bobs. Not my business but it’s relevant. I had no idea if the arrangement was a loan or a gift, nor did I especially care. At the time he asked me for the deposit back and I told him he’d have to speak to mum because I had to used it for rent arrears, and my agreement was with her not with the person who gave her the deposit (again I had to treat her like any other tenant).

Fast forward to now - a couple of weeks ago, 12 hours before we were due to fly our on holiday we found that we’d had fraud on our bank account. We had a bit of savings but not really enough for spending money (we stupidly left getting currency to the last minute). For the sake of not getting a short term loan, we went to a couple of family members to lend £300 each from them - including my grandad. We got back last week, luckily money was back in (and I opened a new account!). So I transferred the £300 to my grandads account on Saturday from the new account. Due to the account being brand new, it’s unfortunately taking 3-5 working days for the transfer.

The day after we got back I met him in a coffee shop for a catch up. He started having a go at me saying that he’s sick of people owing him money, that’s he spent 3 years chasing my mum for the money he spent on her when she lived in my flat. Fair enough - but he started asking me why I had ‘his’ things in the flat. I explained that mum left them and that he was fine with them staying in. He denies saying this. I said I could try and get them back but I would need to first replace them as I have a tenant in. He doesn’t want that - he wants the money for them. He asked me how much they all cost - I said I don’t have a clue, ask my mum.

All this time I had my 1yo son on my lap and he was being very aggressive, pointing at me, screaming and throwing his arms about. People were looking. He said he thinks mum owes him about £1600 and he is “transferring the debt to me” because it all relates to my flat. And I’ve said, I’m not paying for it, I will pay you back the £300 I borrowed, but nothing else. He said “No, you will pay me back this £1600, and its up to you if you get it off your mum, but you WILL be paying it to me because there’s no way I’m ever getting it off her.” I once again said no. At this point, the plan was to give him the cash for that £300, but I wanted a paper trail as I had a feeling this wasn’t the end of it. So the next day is when I called to make the transfer.

I spoke to my mum and said she needs to sort this with him. She agreed and sent him a list of what she owes him, furniture included, and said once he looks at it they can discuss how it’ll be paid back.

Today he called me demanding that I got to his house NOW because the £300 wasn’t in his account, I’m a liar. I explained it wasn’t instant and he was having none of it. He’d got mum’s letter, and “you lied to me, it’s £2,000 I spent on her”. I said I didn’t lie, I didn’t have a clue how much she owed and I never even gave a figure!! It was HIM who’d guessed it was £1,600.

After screaming at me some more, he revealed he is meeting his solicitor tomorrow because he’s taking me to the small claims court for this £2,000 plus the £300 loan. And that I had “better come up as soon as I can and discuss this face to face.” He then hung up on me. I didn’t go up, he was frightening me.

I’ve been in tears. I don’t owe him anything, and could do without being fucking sued by my own grandad. I guess, despite this letter from mum, he’s decided that I’m the one who now owes him because it’s obviously easier to bully me than to wait on my mum paying him back.

For context - we’ve done a lot for him including caring for him when he’s had operations, taking him out for lunch, taking him to airport for holidays, etc and we have never once been thanked.

I have no other family around me, my mum is abroad, my dad died and my brothers live far away. I can’t really afford a solicitor, and I don’t know a great deal about litigation. Does he have a case? Has anyone else been sued by a family member? It’s bloody awful, I don’t need this, I have enough on my plate, my DH is extremely depressed and has had suicidal thoughts, I’m trying to take care of him and I think this may tip us over the edge.

Before anyone asks the inevitable - no dementia diagnosis, he’s generally fit and healthy (though I know that doesn’t mean he won’t have dementia). It’s very possible that’s he’s actually just nasty, I’ve seen it in him for decades now.

OP posts:
Shednik · 19/11/2018 21:11

He sounds fucking horrible and I doubt he has a case in the small claims court.

Theworldisfullofgs · 19/11/2018 21:13

Don't worry too much. No solicitor will 5akd him seriously. He has no grounds to sue you.

I'm not sure what to advise re your grandad. Limit contact? I get he is frustrated with your mum and that's not your responsibility.

Theworldisfullofgs · 19/11/2018 21:13

Take!

HollowTalk · 19/11/2018 21:14

By the time the court case arrives, your £300 will be in his account. He can't sue you because of a debt your mum has.

cardibach · 19/11/2018 21:15

I guess if he can prove the furniture is his and you can’t probe he agreed to it staying he might get some success with getting it/the value of it back from you. There’s no way you are liable for a deposit and rent on the flat you rented out though.

EdithBouvier · 19/11/2018 21:15

Ignore him it's not going anywhere.hes had his £300 back you've got a record of that. the £1600/£2000 Is nothing to do it with you anyway and no solicitor/court will do anything with that. Take a step back with a future look to go no contact. He sounds awful. Ignore ignore ignore.

cardibach · 19/11/2018 21:16

Probe=prove

OlennasWimple · 19/11/2018 21:17

I imagine once he has a conversation with a legal professional, he will quickly realise that he hasn't got a leg to stand on with you. He would be better pursuing your mother (legally speaking) for the money.

TBH I'd write one firm letter setting out that you do not owe him anything at all, that you will not be bullied into paying him money, and that you will cut contact with him if he continues to behave in this way in private or in public.

AmIRightOrAMeringue · 19/11/2018 21:19

I have no legal background but I wouldn't have thought your dad would have any grounds to sue - for what? Breach of contract? There was no contract and even if there was an implied contract, it's with your mum

This is what I'd do -

Make sure the £300 is in his account asap and keep evidence of this

I'm not sure what happened to you furniture but I'd get your grandads furniture out and get it to him and replace it with you own. Then you know you have nothing of his.

Talk to your mum again. Ask her to put in writing an exact account of what happened and when and sign it. If there is nothing in writing, she is your only witness that your dad didn't lend you any money.

Singlenotsingle · 19/11/2018 21:21

What a silly old man. He can't sue you for money that someone else owes him (she may or may not owe it anyway). I very much doubt you'll get a claim, and if you do, just fill in the Defence explaining what happened. And don't worry!

Wordthe · 19/11/2018 21:21

He's just trying to scare you and intimidate you
he doesn't have a leg to stand on
don't engage with him

Unicornandbows · 19/11/2018 21:22

He can't sue you and he has no legal leg to stand on. Cut contact from him

OpiningGambit · 19/11/2018 21:23

As PP have said, he has no leg to stand on legally.

However it's a horrible thing to have happening :(

AmIRightOrAMeringue · 19/11/2018 21:24

Also if it was a loan to your mum can you encourage her to try and set up a repayment plan to your grandad

AmyDowdensLeftLeftShoe · 19/11/2018 21:28

He can't sue you because his contract was with your mum - if there was one - and your contract is with your mum.

Therefore he has to sue your mum.

Also you don't need a solicitor to do small claims cases.

LeekingPotato · 19/11/2018 21:30

I very much doubt he'd engage a solicitor for such a small claim. You don't owe him anything and have nothing to worry about. I'd definitely go NC.

Sindragosan · 19/11/2018 21:30

He is, as you suspected trying to bully you as he sees you as the easiest option and one who may have the money where your mum doesn't. Let him crack on with the small claims court, just make sure you respond to the claim within the time limit if he actually tries it.

eddielizzard · 19/11/2018 21:30

He sounds absolutely horrible, and I'd take a step back from him for a while. You've paid back the £300. He'll see it in the next couple of days. As for the £2000 he doesn't have a leg to stand on and he knows it. He's bullying you and trying to scare you into paying him.

Who does that to their granddaughter? Shock

LaughingGiraffing · 19/11/2018 21:31

Thanks all. That’s reassuring. The last thing I need is a bad credit score!

AmIRight yes that was the plan for her writing down what she owed him and sending it to him. I called her after he rang me, told her everything. He then rang her simply to say “thanks for that letter it’s exactly what I needed” and made no mention of a repayment plan. In fairness he’s no hope of her repaying it, he hasn’t got a dime in 3 years and don’t think that will actually change

OP posts:
CoughLaughFart · 19/11/2018 21:31

He has no grounds to sue. But in what universe does a landlord expect a tenant to gift them their furniture? You’re being ridiculous.

MadeForThis · 19/11/2018 21:31

Don't worry.

He can't sue you. You didn't enter into a contract with him. Your mum did.

£300 is paid back. Now just ignore and hang up.

Blanchedupetitpois · 19/11/2018 21:31

He has absolutely no grounds to sue so please don’t worry about that. If he does see a solicitor they will soon send him packing. You poor thing, how stressful Flowers

kaitlinktm · 19/11/2018 21:33

What everyone else has said - and remember this when he next asks you for help.

Aridane · 19/11/2018 21:33

He’ Lost the plot

Minnowmeow · 19/11/2018 21:33

Absolutely no legal leg to stand on - you have no contract at all with him re the money that your mum got from him; and even for the furniture he cannot prove that the items were even his! He loaned you mother money, he didn't buy the items. Make sure that the £300 is in his account and then tell him to F* Off. If he does waste money filing a claim then you have no worries at all - he has got no leg to stand on. The only thing is a flag - how old is he? Do you think maybe this is a sign of him having dementia or other issues related to age that means that he cannot think rationally and logically about this? I mean it's likely he is just a horrid person but if he hasn't got form for being an arse then it's possibility (still would give him nothing though!)

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