Meet the Other Phone. Child-safe in minutes.

Meet the Other Phone.
Child-safe in minutes.

Buy now

Please or to access all these features

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:
LaughingGiraffing · 19/11/2018 21:34

After he rang I went into the bank to try and get a receipt for the payment to pop through his letterbox but they only do mini statements and I didn’t want him to be snooping into what I’ve been buying. He’ll just have to wait for it to clear, there’s nothing more I can do about that.

I think he expects me to go up tomorrow. I’m gonna call him in the morning and say I won’t be coming up as I feel bullied, but the money is on its way and I won’t be paying what my mum owes...then I’ll quickly hang up

OP posts:
Littleheart5 · 19/11/2018 21:36

He hasn’t got a leg to stand on! You had an agreement with your Mum, and he had an entirely unconnected separate agreement with your Mum. Take my absolute word for it- No judge in the land will as much as entertain his claim! Nor will any solicitor

Antigon · 19/11/2018 21:36

He's a nasty bully. I would go NC.

Nco more airport drop-offs or operation after-care. Cunt.

LaughingGiraffing · 19/11/2018 21:36

But in what universe does a landlord expect a tenant to gift them their furniture? You’re being ridiculous

When that tenant wanted to get rid of perfectly good furniture that was in the inventory to make way for something more suited to their taste. This has happened before and my response is always “that’s fine - as long as, when you leave, you leave or replace said furniture”....how is that ridiculous? It’s quite standard Hmm

OP posts:
AnnieOH1 · 19/11/2018 21:37

Do not put anything in writing about furniture or anything beyond the £300 repayment as it could be used as evidence you accepted his claims.

If he starts after the furniture simply state that he will have to pursue your former tenant. It would be no different to a neighbour lending a hammer to the person who used to live in your home and now demanding it back off you several years later.

Unfortunately the man sounds like an utter bully and you are probably better off cutting all contact, however hard that might be.

CrazySheepLady · 19/11/2018 21:37

Even if he just goes direct to money claim online (the small claims court) and doesn't use a solicitor, I imagine his case would be dismissed when he states he's transferring the debt from your mother to you.

Be prepared, though, in case his claim does proceed, and you need to appear at the court. Prior to this, I understand you would have to submit your case and any paperwork.

SirGawain · 19/11/2018 21:37

If he takes you to court and you present the facts as you describe them he will lose. I’m not a lawyer but I doubt if he has a case.

Antigon · 19/11/2018 21:37

Don't call him. Block the fucker.

RosieStarr · 19/11/2018 21:37

This sounds awful, I’m so sorry this happened. First of all, the debt it clearly with your mother - keep all records of everything that happened, and from now on insist everything is put in writing. It may be useful if you go to small claims court.

He may be doing this in order to force your mother’s hand because she is abroad, and therefore it’s difficult to formally chase her for the money she owes.

I would speak to Citizens Advice firstly, and then if need be you can contact a law firm and they should be able to provide a free consultation (normally a free 30 or 60 minutes).

OurMiracle1106 · 19/11/2018 21:40

You have no liability for possessions a tenant left. Get your Mum to write a letter confirming she left all and any possessions in the property at the end of her tenancy for you as a landlord to do with as you saw fit.

The only money you do owe would be the £300 you owed but as you’ve already paid that back I doubt he would have anything to claim.

CoughLaughFart · 19/11/2018 21:40

When that tenant wanted to get rid of perfectly good furniture that was in the inventory to make way for something more suited to their taste.

Have you heard of the word ‘no’? Even if you let the tenant bring in their own furniture, that doesn’t mean you have to chuck your existing furniture in a skip. There is such a thing as storage.

Jeanclaudejackety · 19/11/2018 21:41

Nasty old cunt

Cut all contact and stop engagjng

Lucked · 19/11/2018 21:42

The £300 will be repaid before he has the paperwork sorted and I am sure courts want you to give a reasonable opportunity to pay any debt. What the hell will the judge care if it was paid 48hrs later than he would have preferred. You are also absolutely right to have gone through the bank and made sure there is a paper trail.

As for the £1600 as everyone said above he has no contract.

CrazyOldBagLady · 19/11/2018 21:42

His grievance is with your Mum, the court will see this immediately, so you have nothing to worry about.

I wonder though if he has any receipts for the furniture? I’m guessing not and this was another monetary loan he gave your Mum. If he can produce the receipts I would be tempted to go and dump it on his lawn.

theworldistoosmall · 19/11/2018 21:46

Think about it for a moment.
If debts could be transferred by the lender, then lenders would be going after others for money owed instead of the original borrower.
The only way they can is if it involves a guarantor and at no point have you said that you were the guarantor for this loan between those two.

GabsAlot · 19/11/2018 21:46

what a strange man he doesnt have a leg sto sgtand on his agreement is with yoru mum doesnt matter how she got the furniture thats her problem

troodiedoo · 19/11/2018 21:49

Nasty bully! You've offered him the furniture and he didn't want it. Sounds like a nc job to me.

Wordthe · 19/11/2018 21:50

He won't do anything I'm sure he knows he'll be laughed out of Court
he just wants to vent his anger at you and make you feel bad ...make you feel as if you've done something criminal
He sounds really nasty
poor you😕

BettyBitchface · 19/11/2018 21:53

Even banks with their army of lawyers can't transfer a debt to a family member of a person who took out a loan, especially not by just saying "I can't get it out of your relative so now you owe it instead".
That is not how debt works, at least not in the UK.

Your grandfather is being bloody ridiculous and is nothing but a nasty bully. I also strongly suspect that he knows full well that he has zero grounds to sue you and is just trying to frighten you into giving him money. He sound absolutely horrible.

His dealings are solely with your mother. Stand up to the bully by telling him to sue you then. If he actually tries it, it would be via small claims and as a PP said, tell the court what you've told us.

LivininaBox · 19/11/2018 21:54

He doesn't have a leg to stand on, and that includes for the furniture. It was left in your flat! You would have been within your rights to throw it away. Don't put anything in writing, the onus is on him to prove that he lent you the money (which he didn't).

LaughingGiraffing · 19/11/2018 21:54

Have you heard of the word ‘no’? Even if you let the tenant bring in their own furniture, that doesn’t mean you have to chuck your existing furniture in a skip. There is such a thing as storage.

Hmm

As a landlord I want to be as accommodating as possible, and I give my tenants flexibility for things like decorating and new furniture. Usually if a tenant asks I’ll say yes, on the agreement they replace it or leave what they have. Some then change their minds, some are fine with it. It’s a fair as fair comes. Not that I have to justify my decisions to you of course, but thanks for the, er, advice

And I’m not sure you’re aware how much storing furniture costs? I don’t have a Tardis I can pop it all in so I’d have to store it - and why should I fork out for that if both the tenant and I are happy with the replacement arrangement?

Have you ever rented before? I hope not

OP posts:
Feefeetrixabelle · 19/11/2018 21:54

Is this out of character behaviour for Him? Or has he always been a nasty guy.

DianaT1969 · 19/11/2018 21:55

Do you have internet banking for your new account? You can print off a transaction report from there.

User02 · 19/11/2018 21:59

It does not appear to me from any of the posts that anyone has considered the Grandad's position. He is likely to be a retired person. We do not know his age. He could be on a limited low income. He had his daughter borrowing money from him for furniture. Then his grand daughter borrowed money for a holiday. From Grandad's point of view he has had money borrowed by two people and as yet has not had any money back. I did read that the Grand daughter's money is going through the Bank to be paid back to him but he does not have confirmation of that as yet.
He is now being called all sorts of names on MN and being assumed to be nasty. Is the old guy just there to provide money to other adults who should be providing for themselves. Then we have the usual "No Contact" cry from MN. That looks like a mass protest that even having provided the loans is not enough to be considered family worth being in contact with.
Does no-one think that Grandad should be getting his money back. I think he should. He might be fed up waiting for his money.

petbear · 19/11/2018 22:03

You poor thing OP!

Your family (mum and grandad anyway) sound like a couple of twats. Sorry to say that!!!

Give your grandad his money back that YOU owe (£300,) through bank transfer and then tell him to whistle for the rest that your MUM owes.

Then go NC on the pair of them!