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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:
Blanchedupetitpois · 20/11/2018 13:58

If all the grandfather was doing is feeling a bit hard done by that would be one thing, but what has actually happened is he has aggressively threatened to sue his granddaughter for a debt that she has nothing to do with. I can’t see how it’s possible to be on his side and not hers in this situation.

Your own family actually also sounds toxic and awful, and i’m sorry you have to deal with them. It can’t be easy. I think growing up around abusers warps your sense of what is normal behaviour.

randomonhere · 20/11/2018 14:00

I am still very upset about the card scenario tbh, but what can I do? I told my mum at the time I thought she was unreasonable. It was very stressful for me actually. But life goes on and I’m trying to focus on the wider picture and treat certain behaviours as moments of insanity.

myrtleWilson · 20/11/2018 14:00

after that update Random I do worry further about the impact this relationship with your parent(s) will have on your own children. You said earlier that the basement could have been used by the children rather than converting it for MIL and I would be worried about how you model relationships given the late card/no contact scenario...

Deadbudgie · 20/11/2018 14:02

he lost the plot - privity of contract means your contract was with your mum, whether there was a legally enforceable loan between your granddad and mum, I cant really tell from the info, but either way its nothing to do with you. Your £300 will show as being in the process of being transferred.

If this is out of character, he might be starting to suffer some sort of dementia, if not he's just a git (and now presumably a git without family support).

LakieLady · 20/11/2018 14:05

Was there a full moon last night? Or an accidental discharge of mind-altering drugs into the water supply?

I can think of no other explanation for some of complete insanity on this this thread. However, it did give me a laugh.

OP: for the avoidance of doubt - YANBU.

saveforthat · 20/11/2018 14:08

This thread is mad and cough is a bit thick

Jux · 20/11/2018 14:12

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

randomonhere · 20/11/2018 14:13

I admit I am in therapy and we’re talking about my family at the moment. I hope I won’t have unreasonable expectations of my own children. What I will most certainly not do is play mind games and set them against each other and I’ve told DH if he ever gets a whiff of me doing this he should shoot me.

Anyway - enough! This isn’t my thread and apologies.

Allergictoironing · 20/11/2018 14:22

Random try turning the situation round, and see if you think the same.

GF owns a property he is paying the mortgage on, and any excess he earns on the rental tops up a small pension. Rents it to his daughter for a low rate (meaning no top up to his pension), then 3 years later finds out his grand daughter loaned her mother the rent she was paying him - this grand daughter is well off with a husband in a good job taking home well over £2k a month, house paid off so no mortgage, and plenty tucked away in the sock. However grand daughter comes after grandfather for the debt her mother owes her.

Maybe it doesn't seem the same with the generations reversed? Because that's the situation here, the difference being that it's the oldest generation that's well off and the youngest who can't afford to keep the property without rent coming in.

Orangecake123 · 20/11/2018 14:38

Cut contact.He reminds me of my own grandfather.

He can't sue you for someone else's debt.

randomonhere · 20/11/2018 14:42

Allergic - I only came on this thread because I shuddered to imagine how this would go down in my family. If my dad had loaned me money (not likely)! and then I had decided to use it to rent a flat from one of my DC, he would not accept that. To his mind, that would not compute as a possibility. He would be straight on the case of the DC who rented me the flat, “What the hell are you playing at, taking rent from your own mother,” etc etc. He would still see the rent as his money because the GFC was outrageous in charging the mother rent as a point of principle which he would not accept. He would see it as criminal most probably. Plus he would probably disown me for frittering his money away. So in summary, it would not end well.

Now people are telling me that this is not normal and maybe you’re right. I still think that a lot of families just would not accept the principle of daughters charging mothers rent full stop. Maybe this is where the GD is coming from?

myrtleWilson · 20/11/2018 14:54

But the GD hasn't mentioned anything about the rent though has he? And to be honest I think as a mother I'd be mortified if I was taking away a resource from my child that they could ill afford to be without - i.e living rent free in a still mortgaged property...

Hefzi · 20/11/2018 15:01

Right: if someone would kindly post about loo brushes (for or against) I'll have a full house in MN Bingo. Who knew all the mad shit happens after midnight here?!

@LaughingGiraffe - you rock! Your humour and equanimity in the face of extreme provocation is incredible. Your GF will get nowhere trying to enforce your mother's debt on you, so please don't worry. But as this is out of character, like pp I would be having concerns about the onset of some kind of dementia: angry outbursts can be an early sign.

I hope your mother is enjoying the giant's pocket - and a big Flowers to you in this difficult situation.

Blanchedupetitpois · 20/11/2018 15:01

I still think that a lot of families just would not accept the principle of daughters charging mothers rent full stop.

A lot of rich families, maybe.

randomonhere · 20/11/2018 15:23

Blanche - why do keep implying that my attitude is down to money when it’s not? My attitude is due to my background and we were far far from well off when I was growing up.
DH was reasonably “well off” growing up, but the point is that when his DF died his mother became the “responsibility” (for want of a better word) of him and his brother. She has her own money, but this is not the point - he can’t charge rent to his mother. She is very difficult and paranoid and I once had a thread about her because when she flies anywhere (which is quite a lot), she insists DH or his brother go with her, among other behaviours. She has a key to our house and comes round whenever. It’s a nightmare, but she is still his mother. If he couldn’t afford for her to live where she does then obviously she would be in our spare bedroom and that would be that, but the principle would still be the same and we couldn’t be taking money from her for anything. Whatever the financial circumstances, the same expectation for him to support her would still be there within the context of the extended family as a whole.
Having said this, I would not live rent free in a flat owned by one of my DC if they could otherwise get rent for it and I completely accept this point. I’m just trying to say that some older people may take a different view and this may be where the GD is coming from in this case.

tenbob · 20/11/2018 16:21

random

I think you are confusing 'charging rent' with 'covering the mortgage'

OP wasn't making a profit from having her mother as a tenant. In fact, as she has said several times, she was making a loss because her mother was only covering the mortgage payment and not any of the other costs

Which goes back to the point OP has made about a billion times on this thread.
What is the difference between OP asking her mother to cover just the cost of the mortgage, and OP not handing her mother a £500 housing allowance every month.

Why is it so awful to say 'I can't afford to be £500 down a month' when that's asking for the mortgage to be covered, but not when saying no to giving her mum pocket money

There is a single right minded person who would argue that OP should get herself into financial shit to hand over a monthly cash allowance, yet she is expected to do it by handing over a free flat

Madness, and even with your very unhealthy family dynamics, not something to be encouraged

Grimbles · 20/11/2018 16:28

@randomonhere
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.

So you'd let your elderly mum live under a bridge and turn tricks to fund her smack habit then Angry

(this making shit up malarkey is fun, non?)

Blanchedupetitpois · 20/11/2018 17:20

Blanche - why do keep implying that my attitude is down to money when it’s not?

Because every criticism you have levelled at OP boils down to the fact that you blame her for not making choices she didn’t have the financial freedom to make. You’ve subsequently provided a lot of information about your own incredibly dysfunctional family which goes a long way to explaining why you’re able to sympathise with and excuse OP’s abusive grandfather, but none of that changes the fact that you were, fundamentally, suggesting that OP is morally inferior to you because she can’t afford to give her mother a free house.

SoupDragon · 20/11/2018 17:38

we couldn’t be taking money from her for anything

My parents would absolutely refuse to take anything without paying.

LadyFidgetAndHerHandbag · 20/11/2018 17:44

Honestly OP you're so selfish. I own so many properties that I let my friends and family live in for free and thousands in the bank. Admittedly my houses are those little green plastic ones and all my money has an M on it but I'm still far superior to you.

randomonhere · 20/11/2018 17:44

Ok, I take your point Blanche and I do apologise.

I was simply trying to offer a perspective as to where the GD’s sudden anger might be coming from.

The mother was only there two months as it panned out. Maybe the GD thinks his grand daughter could write the deposit money off and chalk the loss up to experience, given the flat may well have been vacant over this period anyway, the deposit was his money and they both know the mother is feckless? Maybe, maybe not.

Whatever his thinking, of course he would be unreasonable to take her to court and his first line of redress should be his own daughter. I’m in no way questioning that.

Jux · 20/11/2018 18:07

random, so say your brother were an only child, working for NMW, renting a one bed flat, sitting room so small it fits a couple of chairs pushed together, just managing to buy enough food to keep himself from hunger by bulking everything up with loads of rice and using the food bank as often as he's allowed.

What would he be expected to do for his mum in those circumstances?

Labradoodliedoodoo · 20/11/2018 18:29

I may have missed something but why isn’t Mum paying grandad

randomonhere · 20/11/2018 18:32

Jux, obviously if you have nothing you have nothing to give. You make choices within your means obviously.
In certain religions people feel obliged to given a petcentage of their income to charity. Obviously you can’t do this if you have nothing, but you know you would if you could iyswim?
Where there is a concept of a more “extended” family and associated obligations within that, there are pros and cons.

Anyway all this is by the by. It simply struck me that this GD was happy to give the OP £300 before her holiday and now, a week or two later, he’s suddenly feeling very hard done by. People don’t usually switch for nothing, so I was wondering why.

cookingonwine · 20/11/2018 18:49

Is he actually well? - question? What erratic behaviour he shows.

It's a civil matter and it would cost him more to come after you.

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