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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:
Oliversmumsarmy · 20/11/2018 01:41

Of course if you had given gf a cheque more than likely he would have torn it up and said op hadn’t paid him back

myrtleWilson · 20/11/2018 01:42

Well I think we can safely conclude based on tonight's evidence that there was no 'other thread' that my meant to post on and the anti-Semitic post was real and intentional

Myforgiven · 20/11/2018 01:46

Oh was it?

LaughingGiraffing · 20/11/2018 01:47

Of course it was my and you know it. Unless you can show us the thread it was meant for and i will offer my apologies?

OP posts:
Myforgiven · 20/11/2018 01:51

You really are full of yourself if you think I need your apology.

LaughingGiraffing · 20/11/2018 01:53

I really hope MN take your anti-Semitic comment seriously it’s bloody diabolical that you think what you said was OK.

OP posts:
LaughingGiraffing · 20/11/2018 01:54

I don’t think you need my apology. It’s what one tends to do if one is wrong about somebody. It given you’ve only posted on 3 other threads tonight, none of which would make sense in saying “I take it you’re Jewish” I will safely assume that you did in fact post on the correct thread

OP posts:
MrsCatE · 20/11/2018 01:55

@LaughingGiraffing I commend you for your patience, tolerance and humour re this thread. It epitomises the worst in MN posters who don't READ THE WHOLE FUC#NG THREAD* - even when you outlined the issue clearly at the start.

We've had everything from anti-semitism to elder abuse via 'Fraud Avenue' and 'I'm considerably richer than yowse' cul de sac.

You should be up from some award from MN for having a thread that covers every possible twa*ish poster behaviour! I would put it up for classics but don't want to give any air to My, the twt.

P.s. No, your grandfather does not have a case.

P.p.s. Will you be my friend?

LaughingGiraffing · 20/11/2018 02:03

We've had everything from anti-semitism to elder abuse via 'Fraud Avenue' and 'I'm considerably richer than yowse' cul de sac

Haha I even got a “Yower juz jealous!!” and a I’m very excited that someone chose my thread to tell us they gifted a house to someone cos that what nice people do innit - declarations like that are like the Holy Grail of MN!

P.p.s. Will you be my friend?

But of course! Although I must declare now that I live in my own house, I didn’t buy it and give it to a second cousin twice removed while I scurried my children and DH into a box on the street. Could you accept such a mortal demon into your life?

OP posts:
constantnamefails · 20/11/2018 02:15

There are some seriously high people on this thread. Really, really high. Completely off their tits.

AGHHHH · 20/11/2018 02:18

What a fucking chancer! You owe him nothing! Your business was with your mum, how she got furniture or the funds to pay rent is literally nothing to do with you.

AGHHHH · 20/11/2018 02:22

@Myforgiven why are you needlessly being an absolute fucking arsehole to the OP?

AGHHHH · 20/11/2018 02:23

Don't worry OP, not everyone is lucky enough to be able to both read words on a forum AND interpret them correctly.

tobee · 20/11/2018 02:24

Good grief, wtaf is happening on here tonight?!

All I can say is  to you, @LaughingGiraffing .
ThanksCakeGinWine

Although come to think of it I think some pp on this thread have drunk all the wine and gin!

MrsCatE · 20/11/2018 02:35

@LaughingGiraffing. Yup, accept those terms and conditions and can probably run them by the TDS for ratification for a shorthold 6 months friends agreement, with a break clause.

rubs hands in glee wondering how long it will take to inviegle way into OP's good books before handing off own bonkers family and their various monetary issues to her. Bwahahahaaaa

Flewog · 20/11/2018 02:48

Surely Myforgiven is a troll?

They really need admins around the clock on here.

MyShinyWhiteTeeth · 20/11/2018 02:53

I have an unwell relative that 'borrows' off other relatives. The relatives then get on my case about collecting the money from him and paying them back or paying them back using my money and then going after him to reclaim my money (which I'm extremely unlikely to be successful at).

I have to tell them no. I'm not involved. It's between them.

mathanxiety · 20/11/2018 03:14

Your grandad is a piece of work.
So is your mum but that is probably another thread entirely.

He thinks because he will never get the money back from your mum he can try to get you to cough it up?
LOL.
He doesn't have a leg to stand on. He will be laughed out of court.
The family relationships don't matter here wrt who owes what and to whom.
He loaned money to your mum.
It could have been some friend or neighbour of your mum's who loaned her the money. They couldn't have come after you for it, and neither can your grandad.
Just the fact of being family and being the landlord doesn't put you on the hook for your mum's fast and loose dealing with loans.
He can't transfer the debt.

Wrt the furniture - the fact that it is currently in your property does not mean you owe him for it. He can take the furniture back if he wants to make good on the money he loaned to your mum to buy it.

Your tenant replaced your furniture with her own (albeit bought by your grandad but this doe not cause any debt to him on your part) so actually you would be out the amount it would cost you to replace furniture in your property if grandad were to take it back.

Since you and your mum are the ones with the LL/tenant agreement, then the replacement cost of any furniture is between you and your mum. The money owed for the cost of the furniture your mum brought in is owed by your mum to your grandad.

Your mum has sent him a letter confirming what she owes to him. He has disputed the amount, to you, and thus you have proof that he received that letter and that there was a certain amount mentioned in it. That establishes that the money went from him to her.

You were within your rights to use the security deposit to cover her arrears. You have a mortgage agreement to comply with.

mathanxiety · 20/11/2018 03:18

LaughingGiraffing just hit report, as I am sure many others have done.

TheSerenDipitY · 20/11/2018 03:29

Ignoring all the bullshit above about charging your mother rent....
I think you were most likely very very wise to charge her rent and deposit and do things the legal way as i suspect your mother isnt the best with money and you have the right to protect yourself...
your grandfathers abusive rants kinda prove it was the right way to handle this situation!
*the loans were from your grandfather to your mother, nothing to do with you

  • its your mothers responsibility to deal with the furniture issues again nothing to do with you
  • a non family landlord wouldn't know anything about the above and wouldn't give a shit how the tenant got the money for the deposit or rent, not his circus not his monkeys as they say

Moving forward with this situation,
now he has said he is contacting a lawyer and is going to sue you, he has kind of done you a favour in a way,
as we know this wont fly in any court,
when he calls demanding you to present yourself in front of him immediately you can say on the advice of counsel i can not speak to you about this matter, have your lawyer contact mine and hang up, hes threatened court so now you don't have to speak to him about any of the matters that might be involved in his law suit
( which wont get to court btw)
So when he calls again.... on the advice of council i cant not speak to you about matters that will be before a court of law, have your lawyer call my lawyer and hang up the phone

ClartyParty · 20/11/2018 03:49

Judge Rinder would throw this out like a hot potato

fatbrows · 20/11/2018 03:53

Thank you all for the pure entertainment. OP you'll be fine, dw.

Off to bed I go

wowfudge · 20/11/2018 04:08

I'm awake and have just rtwt - good on you OP for standing up to the gfs on this thread. Fwiw your grandad doesn't have a leg to stand on and you've done everything by the book. Please don't worry about it and don't do anything until you hear more, i.e. receive details of his claim. Not that I believe you will do because he doesn't have a claim against you. I suspect he's more annoyed he didn't protect himself when he lent your mother money and he's lashing out. He's using the same logic as some on this thread tbh in insisting you should pay your DM's debt.

UatuTheWatcher · 20/11/2018 04:11

@LaughingGiraffe I commend you on your patience and fortitude 👏

If anyone ever sees unsavoury posts on the boards in the wee small hours then pop a link to the thread with the unsavoury persons user name up on the Night Watch board and then usually one of the Nightwatchers will check it out.

www.mumsnet.com/Talk/the_night_watch

Vivaldi1678 · 20/11/2018 05:05

I would try to reach some sort of agreement for your own peace of mind, as you have so much going on in your life right now, the last thing you need is a court case with a family member. I am sure that his solicitor would advise that too. He will waste more money on solicitors than he has already lost if he pursues this.

However, if he does, you just need to file the Defence in time and set out your side of the story. You will be encouraged by the court to engage in mediation, which is usually by telephone and is free.

I do feel some sympathy for him, although there is no excuse for his behaviour. It seems that your mother is feckless and financially irresponsible and has always sponged off him and now he thinks you are doing the same. Maybe he thinks that you and your mother have plotted together to exploit him. He sounds like a disappointed and angry old man who has reached the end of his tether.

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