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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:
Antigon · 20/11/2018 05:38

Why were people feeding the troll? They come out at night.

woooOooOOoollytights · 20/11/2018 05:39

I do apologise, but this is the funniest thread I think I've ever read!

OP you are completely in the right. I'm so sorry you're going through a hard time and I wish you all the best in getting sorted out, which you will, because you've done nothing bloody wrong!

Mummyoflittledragon · 20/11/2018 05:41

Laughing in all seriousness you should have planned better financially, already paid off the mortgage to your flat and given it to your mother, who works. Seeing as you haven’t done that, it is your responsibility to give her £500 a month and sell your flat so that you can give her £500 a month until you have depleted all your savings. Afterall owning your btl flat is not a right. Doing anything other than this is miserly and shows utter contempt for your relatives.

....... or perhaps not.

I cannot imagine for one second your gf has a case. The transactions were between you and your mother. I wouldn’t call him tbh. At best I would send a brief text thanking him for the loan and stating you repaid as agreed on return from you holiday. State you transfered the £300 on x date and it will be in his account by the end of the working day on y date.

I’d ignore the rest tbh. It’s all irrelevant to you. If he takes you to court, you will be able to provide documentation from the TDS. He otoh will not be able to provide any paper trail between the two of you as there was none. I would try to get something in writing from your mother ASAP in case he bribes her with money to write something false about you.

My family is very money driven. It’s horrible. My brother is very competitive and used to track my finances - I didn’t know this at the time. I felt as though mother put me under constant suspicion of stealing as a child. I never took money from her. As an adult, she controlled me with money until I finally had enough.

SilkenTofu · 20/11/2018 06:37

You know this already OP but renting out flats to family doesn't work. I once let my SIL stay in my flat and just cover the mortgage. At the time she asked me to rent it to her, I was making a really good return on it. During the time she was there I had to replace a few things and in the long run made quite a loss. She moved her BF in who paid her rent.

This isn't the bad thing though. She lived there for 2 year and since then I have regularly been told that she owns some of my flat because she paid the mortgage for a couple of years.

NEVER AGAIN.

SchadenfreudePersonified · 20/11/2018 06:41

AcrossthePond and Olderbyaminute have summed the situation up perfectly.

People complaining that OP shouldn't have a legal agreement with her mother, or charge her rent - What? Can you afford to subsidise family members indefinitely to the tune of £000's/month?

Even with the best will in the world, it isn't always possible. Had it been a fortnight OP's mum needed the flat for, I would have thought, well, just let her stop there - but she intended to live there semi-permanently and the tenancy only ended because she changed her mind. She might have been there for years.

You've had good advice on here OP - let him do his worst. It isn't your fault that your mother is feckless - your GF is the one who raised her!

pigeondujour · 20/11/2018 07:10

It's absolutely disgraceful that that poster's account has been allowed to stand. MNHQ should be doing better.

Huge props to you OP for how graciously you've dealt with the actual situation and then the absolute horrors on this thread.

Baking101 · 20/11/2018 07:22

I actually laughed when I read what he was demanding from you. He hasn't even got a leg to stand on to get the money back from your mum, let alone you. I'm assuming here he was an idiot and got nothing in writing from your mum. He's lost £1600 and probably already got told that by a solicitor so took his anger out on you. He's an idiot.

MaisyPops · 20/11/2018 07:31

Poor OP.
I can't believe the grief she's getting.

She chose to have a formal tenancy agreement which offers everyone clarity on the situation and she needs the money to cover the mortgage.

Only on MN would you get people ridiculously claiming that they have spare thousands to give away and that they'd totally give away thousands because it's family (even if it meant hindering their own security).

Equally only on MN can an OP say that granddad is not unwell and is perfectly fit and then get a dozen replies guilt tripping her for borrowing from a confused old man.

Labradoodliedoodoo · 20/11/2018 07:33

Personally I’d checkout the second hand value of the furniture he bought and give him that. So keeping the actual items.

What items were they? List please.

Did you get a tennant in afterwards? Was all the deposit used for that purpose? Was there any cash unused?

Blanchedupetitpois · 20/11/2018 07:42

@HappyGoodHairBear your attitude is absolutely repulsive. You’re in the incredibly fortunate position of being wealthy enough to financially support another person, and you’re accusing people who aren’t so fortunate of loving their family less than you do because they can’t afford to bankroll them.

OP financially supported her mother as much as she was able by reducing the rent to only cover the mortgage. If she hadn’t done this, one of two things would have happened:

  1. OP would have been unable to pay the mortgage and the property would have been repossessed, wrecking OP’s credit score and leaving her mother homeless

Or:

  1. her mother would have had to rent a property elsewhere and paid (much higher) market rent.

You are confusing money with love. Not being able to pay for someone doesn’t mean you don’t love them. Poor people love their families just as much as rich people, even if they can’t pay their rent for them. Stop confusing being rich with being a good person.

Blanchedupetitpois · 20/11/2018 07:45

Also the number of people on this thread inventing completely fictitious details and then berating OP for them is astonishing. Please remember that you aren’t writing a collaborative morality play, here. It might be more entertaining for you to imagine a pantomime villain and then gleefully tip them to shreds, but you’re actually dealing with a real person on the other side of the screen, and you can’t pretend to know you aren’t being brutally cruel and unfair.

Gigglebrain · 20/11/2018 07:46

Unlike others, I HAVE read the full thread.
Op, I’m jealous of you, because you sound like you have good financial sense. You also sound like a lovely person, and are clearly patient too.
I also don’t think your GF has a case. Good luck.

WhateverHappenedToTheHeatwave · 20/11/2018 07:47

You did the right thing, especially with such an irresponsible mother. Your mum owes your gf the money and furniture, not you. I would be nc until this is sorted, he realises he has no case and he profusely apologises.

If this is ooc for him, i would keep an eye out but be lc in case its dementia coming. In which case horrible as the aggression is, its understandable.Tbh if this is more in character i would go nc for him being aggressive and abusing me in front my child.

Valasca · 20/11/2018 07:56

To answer your original query, no ... no one here has apparently been in this situation.

And your granddad isn’t suing you, as you’ve not received any court summons or notifications.

He’s just threatening to sue.

You’ve been told to ignore early on, so not sure why you’re still arguing with posters pages on.

WWYDhelpplease · 20/11/2018 07:56

OMG. I couldn’t stop reading this and I am now running late for work!

On your side OP. I have read the thread. Looks like many/most have not.

Grandad won’t get far with the solicitor.

Utterly bonkers comments from some. Was it a full moon last night?

ButchyRestingFace · 20/11/2018 08:01

Has @myforgiven been posting here long? I’m terrible with names but feel certain I would have noticed his/her pearls of wisdom before now. Smile

OP, it would stick in my craw that grandpa is being nice to your mum but kicking off at you about the mess she caused. Is she at least terribly apologetic?

wowfudge · 20/11/2018 08:03

Valasca by that logic the OP should just have let the nonsense from a couple of posters stand, unanswered? Of course not. One in particular showed her true colours with a nasty, racist post too.

ButchyRestingFace · 20/11/2018 08:05

And your granddad isn’t suing you, as you’ve not received any court summons or notifications.

I had the bailiffs turn up at my door once to serve a warrant.

The pursuer never actually executed it. I think he has 2 years left to decide to pursue it but I’m not holding my breath.

Antigon · 20/11/2018 08:06

And your granddad isn’t suing you, as you’ve not received any court summons or notifications.

He’s just threatening to sue.

Meh, semantics. Has Myforgiven had a name change?

wowfudge · 20/11/2018 08:07

Her grandad has only just told her of his intention to sue. He can't magic the papers up then and there!

SoupDragon · 20/11/2018 08:08

The demonstration of poor reading comprehension skills on this thread is truly outstanding.

wowfudge · 20/11/2018 08:12

However, some posters do have a gift for fiction...

Hoppinggreen · 20/11/2018 08:24

Bloody Hell, they were out in force last night
My reading of the situation for what it’s worth, you owe your Grandad £300. Once this payment has cleared that’s it. Anything your Mum borrowed off him is between them, even if it bought furniture that is now in your possession. What your Mum did with that money is irrelevant and he can’t decide that since he can’t/won’t pursue your Mum for the money he will go after you instead.

ResistanceIsNecessary · 20/11/2018 08:24

God this thread is bonkers. I see that the hard of thinking were out in force last night.

OP - three bits of advice:

  1. Don't rent to family (which you've learned in spades!). It's a recipe for disaster and bad feeling.
  2. Don't call or contact your GF - ignore him. Keep records of any nasty voicemails or letters he sends.
  3. If he is batshit enough to take it to the small claims court then you attend in person and present your evidence in the calm and patient way you have here. He stands no chance. You don't need a solicitor and the district judges are usually pretty pragmatic and understanding if you've got solid evidence to back you up (I was at the SCC recently and our judge was very good - we repped in person).
Miscible · 20/11/2018 08:32

Labradoodlie, OP has already answered your questions, apart from the one about the list of furniture which is utterly irrelevant and none of your business.