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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:
wowfudge · 20/11/2018 10:21

Omg - the GF wasn't the mother's guarantor. He, unfortunately, lent his daughter some money, which she hasn't paid back. This is not the OP's responsibility.

Blanchedupetitpois · 20/11/2018 10:26

Yes obviously we are fortunate that we could do this but we are by no means rolling in cash either.

If you can buy a flat in London for the purpose of giving your mother a second home she can use now and then when she’s finding it tough to live with your father, you have significantly more money than most people. It doesn’t matter that you could have used that money elsewhere. Most people couldn’t dream of doing what you did.

That doesn’t make you a better person. It doesn’t mean you love your mother more. You aren’t morally superior.

You’re just richer.

SumitosIsMyWall · 20/11/2018 10:30

Laughing your thread ended up being one of those story games children play where someone starts the story of a girl with a dog and it gets passed around until the girl is a child eating demon and the dog is actually a cat that controls all the money in the world.

Well done for keeping your cool I'm sure I would have sworn...a lot!

I think it's pretty clear your grandfather doesn't have a claim with you beyond the £300 that is already making it's slow digital footsteps over to his account. If you need to provide a mini statement to prove that it went, just redact all the non-essential information on there and provide it to him.

Best of luck with the grumpy grandad situation. I'm sure he'll come round when he's told he doesn't have a leg to stand on.

SalemBlackCat4 · 20/11/2018 10:42

I have just finished reading this entire thread, I cannot believe the disgraceful attacks on the OP, even a gutless coward of a grub making a racist comment and basically admitting they made it by ignoring the conversation around it. The OP has nothing to be ashamed of. She did nothing wrong. The Grand Dad lent his daughter some money. What she chose to do with it, how she chose to spend it, from the moment it left GD's hands is irrelevant. The debt was daughter-to-father. Not granddaughter-to-grandfather. If you had a brother, and you lent him money, and he defaulted, would you hound the people who he bought off, or would you go after your brother for the loan he got from you?

It is a very basic, simple premise. Very straightforward. What her mum spent money she got from her father on is of no concern to the OP, it isn't her business. It does not concern the end transaction. Only the person who lent the money, and the person who took the money. No middle man, no one else. Only the loaner and loanee. What the money was spent on was irrelevant, neither the furniture shop owner or the daughter of the person with the debt is responsible.

I think the solicitor will laugh your GF out of the office. Oh my God, I just thought of Judge Judy. Oh how she would have a field day with your GD. I would so love to see JJ have just 10 mins, even just 5 mins with your GD. He can't out-shout or out-scream her. It would be epic!

randomonhere · 20/11/2018 11:21

Blanche - it’s not about moral superiority or individual circumstances. I just think that, as a landlord, the odd vacant month is to be expected. Yes it’s an inconvenience, but it’s inevitable. Even when I decided to rent out this flat intended for my mum, it took months to find a tenant.
If the mother had taken a loan off a non-family member, then I totally agree that the OP should not concern herself at all. But it’s not some random, it’s her GD who, by her own admission, has generously helped her out in the past.
The mother is the one at fault here, obviously. But, I still believe, many people would not feel comfortable holding onto this money, knowing that it came from their GD.

Blanchedupetitpois · 20/11/2018 11:31

the odd vacant month is to be expected. Yes it’s an inconvenience, but it’s inevitable.

More fantasy concocted by you. If you can write you can read, so I don’t know how you are persistently getting this wrong. The OP didn’t keep the deposit to fund a vacant month because she was struggling to find a tenant. She kept the deposit to cover rental arrears. Arrears she needed to fund her mortgage payments.

I’m absolutely astounded that anyone is on the side of the grandfather aggressively hounding his granddaughter for money she doesn’t owe him and which she could ill-afford to give him, all because THREE YEARS AGO he lent money to someone who didn’t pay it back.

randomonhere · 20/11/2018 11:40

I do apologise if I have misread - are you saying the mother didn’t pay any rent at all?

Oliversmumsarmy · 20/11/2018 11:42

random have you recently sobered up and name changed.

Your reading and understanding of what is going on is remincent of my without the death threats

Blanchedupetitpois · 20/11/2018 11:44

How on earth did you manage to deduce that?

The OP specifically states in her first post that the deposit was used to cover rental arrears. And yes, if a tenant breaks the terms of their lease by leaving without notice, they do still owe rent for the notice period.

randomonhere · 20/11/2018 11:50

.” my next tenant wasn’t able to move in for six weeks, so I used the deposit to recover the unpaid rent for the notice period she should have served”

This is what I read. Fair enough. I guess some people might just have a different attitude when it comes to family and taking deposits etc. Nothing to get angry about - people are different.

Who on earth is “my” and what death threats fgs?

Fromage · 20/11/2018 11:58

Bloody hell. The lunacy, projection and fantasy on this thread.

Oh heck, it's too amusing, I'm going to join in.

OI OP. Angry

I'm fucking horrified you didn't pay for your mother's operation and bundled her on a plane to Lithuania to be treated there. I don't know what's worse, that or how you left her kittens in your penthouse to fend for themselves. And as for the Porsche - look, your Grandad clearly lent it to you, so yes you do have to return it to him, and also I'm proper astonished that you think selling drugs is the best way to raise money for the repairs after you drove it, drunk, into that bus queue.

Now let's see how long it takes for someone to assimilate the above fiction into the thread. Grin

PS OP you shouldn't have frauded the bank out of £300 either.

PPS It's ridiculous that you expect a unicorn hair sofa to last 5 minutes in a rented flat, no wonder your Grandad insisted on replacing it when your mother moved in.

Fluffycloudland77 · 20/11/2018 12:02

The moderators should use this thread for training “now here’s what to do when the professionally offended and batshit crazy come out at the same time”

Oliversmumsarmy · 20/11/2018 12:11

Sorry random if that wasn’t you but you seem to be reading this thread like a poster last night.

Also I hope you wouldn’t let a family member stay in your flat for free. I have heard so many horror stories. Including one where the mother was paying a really discounted rent which she then tried to take her dd to court because she said the money she had paid wasn’t rent (how could it be as it was so cheap) but a loan to help her dd out month on month.

Oliversmumsarmy · 20/11/2018 12:12

Sorry should have said

For free and without paperwork

randomonhere · 20/11/2018 12:13

If you’re referring to me (?), I wouldn’t say I was batshit crazy or professionally offended.
I think if you rent out property to family members it’s always a potential minefield tbh. For this reason, I would not do it.

Some years ago, we converted the basement of our then house for MIL because she was struggling in her own. I had a thread about her in here and mentioned this as an issue. As soon as the flat was completed, she informed us she couldn’t bring herself to move in after all because our house had too many stairs and her legs were now not up to it. Si we were left with this flat When we could have used the basement as a space for our growing DC.

Blanchedupetitpois · 20/11/2018 12:27

Some years ago, we converted the basement of our then house for MIL because she was struggling in her own. I had a thread about her in here and mentioned this as an issue. As soon as the flat was completed, she informed us she couldn’t bring herself to move in after all because our house had too many stairs and her legs were now not up to it. Si we were left with this flat When we could have used the basement as a space for our growing DC.

This is so crazy to me. You’ve been taken advantage of by your own shitty family, but you’ve still been critical of OP for protecting herself by making her own set up all legal, documented and above board. It beggars belief.

ittakes2 · 20/11/2018 12:33

speak to citizens advice if you want clarification. and maybe your mum - maybe your grandad is struggling.

Pemba · 20/11/2018 12:42

The Grandad is not struggling. At least not financially. RTFT.

Oliversmumsarmy · 20/11/2018 12:43

Why couldn't your DM use the flat you bought for your DMIL that she decided she didn't want rather than converting a basement.

If you had stamp duty of £40,000 then you must have spent £625000 buying it.

Oliversmumsarmy · 20/11/2018 12:44

Sorry that was in reply to random

LakieLady · 20/11/2018 12:46

Nor can a family member claim housing benefit for your property.

Not strictly true. If it's a genuine commercial arrangement, you can.

This is clearly a genuine commercial arrangement: provable rental history, proper legal agreement, deposit in a TDS, BTL mortgage, LL insurance.

I've had HB paid to people who rent from their parents with less evidence than that.

Miscible · 20/11/2018 12:49

OP, perhaps you should try meeting batshit with batshit. Invent a debt your mother owes you that's roughly twice what she owes your grandfather, then tell you grandfather that you're transferring the debt to him and that if he sues you will counterclaim.

MrsGideon · 20/11/2018 12:52

Some years ago, we converted the basement of our then house for MIL because she was struggling in her own. I had a thread about her in here and mentioned this as an issue. As soon as the flat was completed, she informed us she couldn’t bring herself to move in after all because our house had too many stairs and her legs were now not up to it. Si we were left with this flat When we could have used the basement as a space for our growing DC.

Random - none of your posts make sense either in relation to each other or in their own right... So you bought your mum a flat that she then never lived in, AND you converted the basement of your house for your MIL who also never lived in it? How do the flat mentioned above and the converted basement tie into each other? And why couldn't you use the basement but were left with a flat? So confusing!

You never thought of renting somewhere for your mum, or even just putting her up in your own house (seeing as she was only ever likely to need it on an ad-hoc basis), even though you previously offered the latter option to your MIL?

And yet even after being taken for a ride by two of the women in your family, you're still having a go at the OP for wanting to financially protect herself?

randomonhere · 20/11/2018 12:55

Oliversmum - We’ve since moved and we could have done with the flat money to help with that tbh, but DH said it wasn’t worth trying to sellitinthis market. Yes I know it all sounds crazy because it actually is and we’ve been messed around twice. I just know that in both mine and DH’s family it would literally be World War 3 if we ever suggested parents pay for lunch, let alone give us rent or deposits! Shock And there is no way in hell either of us could go to grandpstents for money for a holiday (well, we don’t have GPs, but we couldn’t go to them if we did). This is why the OP’s scenario sounds a bit odd to me.

Antigon · 20/11/2018 12:59

Some years ago, we converted the basement of our then house for MIL because she was struggling in her own.

And you made the same mistake with your mum.