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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:
prh47bridge · 20/11/2018 09:34

His solicitor will tell him that he won't get his legal costs if he pursues this in the small claims court. So any solicitors fees would come out of anything he won.

He can't sue you for the £300 as you've already paid it back.

He can't transfer your mother's debt to you.

As others have said, he doesn't have a case. Unless you receive paperwork from the courts showing he has taken action you should ignore.

MawkishTwaddle · 20/11/2018 09:34

random you're making stuff up again. Gdad is comfortably off. RTFT.

myrtleWilson · 20/11/2018 09:34

Random - the grandfather asked the OP to read his bank statement out to him. The OP said he was comfortable do an not sure where you get "significant chunk of his life's savings" from?

ResistanceIsNecessary · 20/11/2018 09:35

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 I find this unbelievable, to be honest

Yes we all have multiple properties available to bestow to family members free of charge, don't we? What a pity your self-awareness doesn't match your staggering privilege.

Racecardriver · 20/11/2018 09:35

Don’t worry. He has no case against you. You have already wired the £300. I would suggest sending him proof of transfer to placate him if you feel inclined. And you are in no way responsible for your mother debts. Privity of contract would prevent him from chasing you for the money. If he does try to claim against you it will just be thrown out.

ResistanceIsNecessary · 20/11/2018 09:37

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.

If he can't pay his heating bill this Christmas (and it's highly unlikely to be the case because he is financially comfortable), it won't be due to the OP, seeing as the debt incurred between him and his daughter occurred THREE YEARS AGO.

INoahGuy · 20/11/2018 09:37

Serious déjà vu on this thread.

pigeondujour · 20/11/2018 09:38

I don't think imaginary flats cost much to maintain to be fair @ResistanceIsNecessary

Blanchedupetitpois · 20/11/2018 09:39

This thread is an absolute twat factory.

Mia1415 · 20/11/2018 09:41

Some of the comments on this thread are absolutely ridiculous. YANBU OP. He has no case against you.

MawkishTwaddle · 20/11/2018 09:41

Blanche IKR? Someone clearly left a gate open at the cunt farm.

ResistanceIsNecessary · 20/11/2018 09:41

Pigeon Grin

This thread has it all. The saintly virtue-signallers, goady fuckers, the hard of thinking, the creative types with their extensive property portfolios which are maintained rent free for family...

randomonhere · 20/11/2018 09:42

Well what does “comfortably off” even mean Mawkish? Who are we to say? £2k would be a lot of money to most pensioners, surely?

It’s probably not even about the money for him anyway - more that he has been let down by his own daughter. That would be very hurtful. And now his granddaughter would rather pull the legal / landlord card than take any responsibility. Most people would just say, “I’m sorry mum has let you down GD. We should both have seen that coming. I really can’t keep the deposit in these circumstances.” Or at the very least, agree to give him half back and write it off to experience.

Valasca · 20/11/2018 09:42

“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.”

Yes, you should ignore nonsense and goading because you will get someone on almost every thread offering some. It’s just a random opinion from a stranger, you don’t have to defend yourself. Hmm

Wowfudge, no shit. He’s literally made a threat. No solicitor is going to take on the case and I doubt he will get far trying to represent himself in small claims. Hence - ignore it. There’s nothing else you can do as there’s not been any actual paperwork Confused

wowfudge · 20/11/2018 09:46

Are some pp still peddling the ridiculous argument that the OP should pay her mother's debt to her GF? Un-bloody-believable. The world's gone mad.

Binglebong · 20/11/2018 09:49

I know the thread has moved on (for some people at least) but:

Well where does your Mum live now?

In the shirt pocket of a giant. It’s a bit cramped but she has lovely views

Best. Answer. Ever.

wowfudge · 20/11/2018 09:52

Valasca the OP can respond as she chooses - that was my point. Very easy to say she shouldn't argue with other posters when you are not involved.

Blanchedupetitpois · 20/11/2018 09:52

And now his granddaughter would rather pull the legal / landlord card than take any responsibility.

Because IT ISN’T HER RESPONSIBILITY. She isn’t responsible for her mother’s actions, or her grandfather’s decision to lend money to his flaky daughter. Her grandfather’s loan is nothing to do with her.

What we have in this situation is a man who chose to lend money to his daughter, who failed to pay him back, and now that man is aggressively and unpleasantly harassing his granddaughter to take responsibility for that debt purely because she was the one the mother gave the money to, in return for housing. If the mother had spent that money on another landlord would you also expect that landlord to take responsibility for the debt?

OP isn’t bloody Scrooge McDuck diving around in pools of cash here. The money she was paid in rent (and the deposit in lieu of rent when her mother left without notice) was needed to cover her mortgage responsibilities. OP is not a bad person because she can’t afford to bankroll her mother.

Literally the only person in this situation who hasn’t been a dick is OP. Her mother is reckless and selfish and fiscally irresponsible. Her grandfather is manipulative and aggressive and a bully. All OP ever did was let her mother live cheaply in her property while legally and financially protecting herself against the risk of losing her property.

Only on bloody Mumsnet would goady virtue-signallers manage to turn that act of kindness into evidence of unspeakable evil.

BottleOfJameson · 20/11/2018 09:55

And now his granddaughter would rather pull the legal / landlord card than take any responsibility.

What? OP has paid him back the money that she owes him and has no other responsibility. She has her own children to support and can't take on the debts of every other member of her extended family too!

WibblewobbleTum · 20/11/2018 10:01

I find it strange how there are so many rich people on here who would not even dream of charging family members rent. Why do we never meet such generous people IRL?Maybe because IRL even landlords and loving sons and daughters have mortgages to pay and food to provide. Most tenants are not CFs who will sponge off their DC longterm who are providing them with a property to live in. (Maybe a month or two's worth of rent as one-off if financial circumstances allowed it but no way long term). If my fit and well DM was a tenant and renting off me she would never allow herself to be treated like a charity case.

DH ane I rented from my sister and brother inlaw for a few years. Even when times were tough never once were we late with a payment despite them reassuring us a late payment would be fine. I made it a priority as I would have with a non family member landlord.

OP, it's unfortunate you have such piss taking relatives, you do not own your DGF a penny. Don't regret the business transaction, what's done is done and you can only learn from this. Ignore the trolls and wish your DH a speedy recovery.

randomonhere · 20/11/2018 10:05

Resistance - I am not a “creative type” at all. Here’s my experience. My DF has mental health problems which makes him extremely hard to live with. My mum said it was killing her and this was going in for years. We live in a different part of the country to her and decided to buy a flat near to us that she could use as a “bolt hole.” She chose the flat with me. I fully furnished it for her, down to towels and loo roll etc, etc. Yes obviously we are fortunate that we could do this but we are by no means rolling in cash either. It was cash that could obviously have been used elsewhere.

As it turned out, my mum has basically procrastinated and never actually used the flat. So all that money is now tied up for nothing - plus the stamp duty - gone. After about a year and realising she would never use it, I had to rent it furnished. The tenant didn’t want the furniture so I’m now having to pay storage for that. Property prices in London have stalled, so if I sold the flat, I would realise a loss of the stamp which we can’t afford to do because that was about 40k. So yes, this has been inconvenient to say the least, but I’m not about to go to my mum and ask for some form of compensation or for her to pay the furniture storage. It’s not virtue signalling. She is in her 70s, dealing with a very volatile husband and health problems. Who knows how long they have left? She has lost a lot of confidence, as people do when they get older and I’ve decided to put a lot of her behaviour down to this. And most importantly, I only have one mother and I’m not going to fall out over money.

MawkishTwaddle · 20/11/2018 10:10

random

May I very gently suggest that you've been taken for a ride and your mother has been very unfair?

wowfudge · 20/11/2018 10:13

Wouldn't it have made more sense to rent a bolt hole for your mother in those circumstances? Whether that be a flat on a six month AST or an Airbnb when she needed it.

prh47bridge · 20/11/2018 10:16

And now his granddaughter would rather pull the legal / landlord card than take any responsibility. Most people would just say, “I’m sorry mum has let you down GD. We should both have seen that coming. I really can’t keep the deposit in these circumstances.” Or at the very least, agree to give him half back and write it off to experience.

It is not her responsibility. And she can't give her grandfather the deposit. By law she has to return it to her mother. All she has kept is the rent arrears that her mother owes her. I don't think most people would give the money, or any part of it, to grandfather in these circumstances. If the OP did, she would not be able to recover the rent arrears from her mother and her grandfather would still be able to go after her mother for the full amount, so she would be out of pocket for no reason.

EdisonLightBulb · 20/11/2018 10:20

I came back to this thread just now, I thought it would have been pulled TBH.

I have never seen as many posts from people that haven't RTFT, coupled with some absolutely ridiculous comments.

I hope the OP has gone away and taken some migraine relief.

Swipe left for the next trending thread