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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:
ToddlerTamerMumma · 20/11/2018 08:40

Just ignore him. Give him the £300 you actually owe him (which I believe you already have, it's just in the system waiting to go into his account at the mo) and then leave it. His other claims, if there are any given it looks like he could have gifted the £ for flat and furniture, would be claims against your mum - not you. You have no contract with him, you were never party to the lending discussions he had with your mum so he has no legal standing to pursue you. Nothing will go against you and your credit rating will be fine.

Wheresthebeach · 20/11/2018 08:54

Bloody Hell! Looked briefly at this thread last night and all was reasonable. This morning I see its gone ape shit.

Your Grandfather lent money to his daughter so I can't see how you're responsible in any way. Tell him to sue his daughter if he wants to. He's being a bully.

You've had some good info over small claims court. Ignore the rest of the froth. 'People' just having fun at your expense. As for the gifting houses idea...I suspect in real life they could only gift their place under the bridge.

makingmiracles · 20/11/2018 08:56

I think the crux of it is, you don’t owe gf anything once the £300 loan has cleared and that your mum still owes him the rent and deposit money as well as the cost of the furniture.

Although he shouldn’t be taking it out on you, I can understand why hes pissed and the onus Is on your Mum to start paying him back. Even if she were to set up a small standing order every month at least she would be seen to be attempting to pay it back. If she owns her house outright, I struggle to see why this is such an issue for her?
She is being a CF for not paying your grandad back. Can you not talk to her and ask her to set up some sort of repayment, which will prob get gf off your back.

GreenTeacup · 20/11/2018 08:59

The loan he gave your mum was not secured on the furniture and so he has no right to the furniture or the proceeds of the sale of such back. If he loaned your mum money, he cannot transfer that to you regardless of if she then forwarded the money to you. Well done for keeping the tenancy above board so that you have a paper trail.

As for the £300 it will be in his account long before a court sees his paperwork.

Nitpickpicnic · 20/11/2018 09:03

Ok, so Gramps has painted himself into a corner with you, and can’t get out. He’s proving that GF stands for goady fucker as well as grandfather, but he’s likely to be also wringing his hands about this whole thing. He knows he’s gone too far, I’ll bet.

As pps have said I don’t actually think you’ve got anything to worry about legally, but (as long as you’re sure he’s mentally well) I’d be very tempted to fire a volley across his bows, so he gets the picture that you’re not to be messed with this way again.

How about plonking a nice big piece of ‘his’ furniture at his front door? Frankly, he won’t know if it’s actually the real thing so any bog standard bit will do. Just make it bulky and as old/used as your mum’s would be. Leave a note on it saying the rest of the stuff is to follow, once you book a Van big enough. He’ll change his tune pretty damn quick. Once he starts flapping, tell him with Confused face that since he was so violent in the cafe, you felt you had no choice but to get the furniture out of the flat, since it was clearly causing him angst. Even though it left you seriously out of pocket. Leave that damn piece of furniture on his doorstep till kingdom come as a reminder.

Grin
GreenTeacup · 20/11/2018 09:03

The onus is on your grandad to prove the loan was made, not for you to prove that he didn’t. To even open a case he would need to show that he leant you money by either providing bank statements or by producing a contract.

I can understand that he is upset but wonder if he is totally alone? People can get into a bitter mindset when they find themselves alone for long periods of time. Maybe try and treat him with kindness to soften him and make him feel loved and wanted. Completely understand if you didn’t want to do this though.

MemoryOfSleep · 20/11/2018 09:04

My goodness, you got attacked on here, OP! For what it's worth, IMO YANBU. The solicitor will tell your grandad that too. WRT keeping the furniture, at the end of the day, it does not matter what typical tenancy agreements say, your mother signed your contract and thus is bound by it. She put the furniture there and left it there, thus it's your mother that your grandad ought to be chasing. Good luck with it all!

Wineandpyjamas · 20/11/2018 09:05

Well I’ve just spent an hour reading the whole thread and I’m amazed at some of the obvious troll posts (even though a lot of them have been deleted now). Well done OP for staying sane in the face of such rampant provocation!

I think you did exactly the right thing in renting all above board to your DM. Trying to do family favours in letting them stay for free rarely works out well in my experience.

Hope your GF was just having a bad day and soon realises he went way over the top.

randomonhere · 20/11/2018 09:11

OP, I admit to being confused by this, but these would be my thoughts.

  • Your GD does not sound as if he’s been a nasty, unreasonable man historically. Only recently, he lent you the £300 for your holiday. To be honest, most adults would not even feel able to ask an elderly relative for money in those circumstances. I know I wouldn’t.
  • You have no paid him back the £300. If you have online banking, can’t you just screenshot the transaction, print it out and put it through his door (if you can’t email it to him)? This seems like a whole hoopla over nothing.
  • Your mother sounds a bit unreliable, but surely you must have known this before you rented the flat to her?
  • I have to tell you, that most people would NOT keep the deposit from their own mother Shock. Yes you say it was all “above board and agreed” etc, but come on OP - really? What planet are you on here?
  • I can see why your GD can’t understand how you would insist on keeping the deposit. Especially now you know that it was his money used for the deposit. You may have not known initially, but you know now.
  • Yes I realise you lost money when your mother left the flat suddenly, but I think, in the circumstances (given that she was using an old man’s money in the first place), you have to suck it up and do the right thing.
  • I rent our flats and there are inevitably vacant periods.
  • If my mum or any family members stayed in any of our flats, I wouldn’t dream of charging them full stop, let alone request or keep their deposit!!! Shock Ifind this unbelievable, to be honest.
  • Did you spend her deposit in the holiday? Does your GD think you did?
  • I think you need to stop hiding in the whole “it was done legally above board” schizzle and face facts - 1) Your mum is flaky 2) She used an elderly man’s (and your GD who has helped you out financially in a time of need) money to pay you 3) You morally should pay him back because he has been taken advantage of.
Kko1986 · 20/11/2018 09:12

This has seriously gone weird op you have paid the money you owe get a letter from you mum outlining the onus was on her to pay your grandad back so he cannot try and get the money back from you hope it all gets better it does sound like your grandad is going after an easy target in you

INoahGuy · 20/11/2018 09:14

Maybe if people RTFT they wouldn’t be so confused. YANBU OP.

ResistanceIsNecessary · 20/11/2018 09:16

I have to tell you, that most people would NOT keep the deposit from their own mother

Someone who has a mortgage to pay and has been left with a vacant flat with no notice? Read the thread. Her Mum did not provide notice and agreed with OP that the deposit could be used to cover the rent for that period. OP has already dropped the rent for her Mum, meaning that she was paying a much cheaper rent than the market rate. Her Mum moved back to her own - owned - property abroad.

I really dislike the amount of passive aggressive virtue signalling that's appeared on this thread. Intense competition to see who can achieve most saintly child status and castigating OP for not offering up a property free of charge. Not everyone is fortunate enough to have income sufficient to support themselves, their family and a parent who already has a property of their own Hmm

SoupDragon · 20/11/2018 09:17

What planet are you on here?

A planet where she can't afford to lose that money!

I've lost far more to an unpaid loan but even I can understand that not everyone is in a position to write money off.

ResistanceIsNecessary · 20/11/2018 09:20

And as for a moral obligation to pay an old man back?

READ. THE. THREAD.

It was 3 years ago.
OP did not know at the time that her Mum had borrowed money from the GF.
The amount the Mum borrowed was also to cover buying new furniture, simply because she did not like the stuff that was already in the property.
When OP found out about this (after Mum had vacated) she offered the GF the furniture back. He said no.
GF has now decided that because he won't get any money back from his daughter, that OP should pay it instead.

But yes, by all means, OP should open up her purse. God people are bloody nuts on here.

randomonhere · 20/11/2018 09:21

Has the OP actually said she was desperate for that deposit to cover her own mortgage though?
Is she certain she could have even got another tenant to move in over this time period? They don’t just drop out if the sky.

Jengnr · 20/11/2018 09:21

I don’t think I’d bother speaking to him at all if I were you OP. You’ve paid him what you owe him and he sounds deeply unpleasant.

Ignore him. If it went to Court it would be laughed out.

randomonhere · 20/11/2018 09:27

The OP knows her mother won’t pay the GD back. The mother sounds like a lost cause unfortunately.
So someone has to lose out here -

it’s either the OP forgoes a period of rent being covered

or an elderly relative loses out in what could be a significant chunk of his life’s savings.

This GD is not a b***rd. He tried to help out his daughter, but she let him down. He helped out the OP when she needed his money.

BlooperReel · 20/11/2018 09:28

Honestly I would tell him to go fuck himself.

MawkishTwaddle · 20/11/2018 09:28

This has been one of the weirdest and most entertaining threads I've ever read. I particularly enjoyed it when a PP drove onto the thread in a Bentley and accused the OP of being in league with the devil.

Batshittery beyond belief Grin

OP, you've done nowt wrong. Your grandad will get his £300, and would be laughed out of court about the rest of it. He'll regret his behaviour in a few weeks when he's sat pulling a Christmas cracker with himself, the git.

ResistanceIsNecessary · 20/11/2018 09:30

4 weeks notice is enough to be able to arrange to have a look at the property and check for repairs needed, book those in and advertise it as available for viewings at the end of the notice period (when vacant).

Having no notice means that everything is delayed by a minimum of 4 weeks - including finding a new tenant.

Blanchedupetitpois · 20/11/2018 09:31

If my mum or any family members stayed in any of our flats, I wouldn’t dream of charging them full stop, let alone request or keep their deposit!!! shock Ifind this unbelievable, to be honest.

Another rich person who thinks that because they have hundreds of pounds to spare every month they love their family more than people who don’t.

Can everyone please wake up and realise that if you can indefinitely bankroll your family, it’s a sign that you’re incredibly privileged and NOT a sign that you’re morally superior?

BookwormMe · 20/11/2018 09:31

Why isn't your mum intervening to stop your granddad taking legal action against you? This is her doing, because she hasn't paid him back the money SHE owes him. Doesn't she care it's causing a massive rift?

One thing: presumably you put her deposit in a protected scheme and went through the due process to deduct the rent arrears? Obviously you should have done but it's also further proof you were treating your mum like any other tenant and therefore not liable to repay her debts.

mm8884448838 · 20/11/2018 09:32

On the face of it yanbu

ResistanceIsNecessary · 20/11/2018 09:32

or an elderly relative loses out in what could be a significant chunk of his life’s savings.

It's between £1600 - £2000. OP has already said that her GF is comfortably off and has significant pension income (verified because he asked her to check a bank statement for him).

But no, burn her! She's a landlord and therefore evil, wrong, and nothing she says, does or offers will be good enough.

randomonhere · 20/11/2018 09:33

“ He'll regret his behaviour in a few weeks when he's sat pulling a Christmas cracker with himself, the git.”

Yes and maybe he won’t be able to pay his heating bill either because his own daughter has taken him for a ride. Bloody hilarious.

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