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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:
toddlepod · 21/11/2018 20:24

Fromage and Mrs CatE - Thanks for a bit more backstory on the OP. She's got some form! She's actually flashing her newly-bejazzled fanjo in 'Ello magazine this month.

She flogged her GF's antique furniture to Kirsty Allsop for her TV show 'Fill your House with Fleas' and laughed when he was wheeled up to the coffee shop in a rusty, rescued from the canal, three-wheeled Tesco trolley - the poor soul being proper poorly without his kidneys and liver and unable to walk. Her actual words were 'Every shroud has a silver lining'. The woman is heartless - probably why she doesn't care about her GFs vital organs.

I passed her in a pretty posh restaurant and I think she was just being served liver with a hefty serving of fava beans with what looked like a nice chianti in a crystal glass.

Made me wonder where the liver came from...

Anyway, can't say much more. She's only gone and hired the best criminal lawyers money can buy to have me served with a Cease and Desist notice.....

chronicplainjane · 21/11/2018 20:29

You can mumsmet from prison?

Blanchedupetitpois · 21/11/2018 20:41

can you not just accept that, regardless of money, for some people and in some families there are different expectations about these kind of issues and leave it at that?

I just can’t wrap my head around the fact that you seem to be suggesting that everybody should be willing to pay for their parents to have a free house regardless of whether or not they have the means to do so

Expectations are irrelevant if you don’t have the money to fulfil them! If you hadn’t had the money to buy a house for your Mum would she still has expected you to buy her one?! If your answer is ‘yes’ then I think you need to acknowledge that this is a quirk of your family, because most parents wouldn’t expect their kids to go into debt or risk their own homes to provide their parents with free houses.

I think it would help if you could answer this question:

If you simply did not have the money to provide your Mum with a free house, what would you do:

A) charge your mum a reduced rent which covered the mortgage payments and no more

B) refuse to rent to your mum because you can’t afford to let her live there for free but you don’t want to charge her rent, and instead tell her that she has to rent a different property from someone else (likely for a higher rent than in scenario A).

Those are your only two options. However much you want to give your mum a house, however much she expects you to, however much you feel obliged - you simply do not have the money to do so

Answer that question, please.

randomonhere · 21/11/2018 20:41
Grin
randomonhere · 21/11/2018 20:43

Blanche sorry the laugh was to the prison comment - haven’t read yours yet

LaughingGiraffing · 21/11/2018 20:56

You can mumsmet from prison?

I asked my mum and she said yes (I once framed her for embezzlement) Wink

On a serious note, even if I had a spare, say, £300k lying around, I wouldn’t spend it on my mum. I’d maybe treat her to a long weekend away going to the opera and spoiling her but I wouldn’t be buying her anything grand. Not sorry. And I would die before I let my kids buy me a house. I didn’t have them so they someone could take care of me in my old age (isn’t that the point of buying a house to pay off before you retire, so you have something to sell if you need to pay for care?). I think it’s an immensely depressing expectation. But then I think that’s a fairly normal stance.

OP posts:
randomonhere · 21/11/2018 20:58

Ok read it now Blanche.

I think you are misunderstanding me tbh and have got very fixated on this flat I bought for my mum - extrapolating from that that I’m unable to grasp people in different circumstances, making different choices, etc.

What I’m actually talking about, I guess is more of a cultural mindset. You ask me a direct question about this specific scenario - would I rent a flat to my mum because I needed the money and it was cheaper for her? My answer to you would be no, I could not do that, as I’ve already said. I would let the flat to someone else to cover my costs and have my mum live with me - anything else. This is not even about me. It’s more about expectations and attitudes within my family - ie. if I charged my mum rent, she and other family members would effectively disown me.

In the context of different expectations, people make different decisions. As an extreme example, you could go to the slums of India - you would be hard pushed to find anyone charging their parent rent. They get by some other way. It’s a different mindset and that’s what I was trying (probably badly) to explain.

I have apologised several times if I came across as judegemental to the OP, but I was giving a perspective and imagining how my family would behave in that scenario.

chronicplainjane · 21/11/2018 20:59
Grin
LaughingGiraffing · 21/11/2018 21:07

if I charged my mum rent, she and other family members would effectively disown me.

See I just think they sound awful. Short of them being a rapist or mass murderer there is nothing that could make me disown my kids.

Can I ask random - if your mum or dad were looking for a property, and you had an available one to rent, but couldn’t afford to cover their payments therefore refused (as you said you would) - how would they react? In my situation at the time, my mum could either live in my house, find a private landlord who didn’t do any credit or reference checks (highly unlikely) or live in a shelter while she went on the housing association waiting list. Do you honestly think it’s preferable to say “I know I have an affordable and ideal situation for your dilemma but I feel too awkward to execute it, sorry”?. You may be ‘shocked’ that I didn’t financially cripple myself for her but I find it shocking that people would actually consider not doing this.

you could go to the slums of India - you would be hard pushed to find anyone charging their parent rent.

That is, erm, a rather extreme example. However do people take mortgages out on slums? Doubtful. You’re comparing apples with oranges. It’s like saying to the bank “You want to charge me for my mortgage? Oh but in India no one pays for property”.

I think it’s also relevant to point out that, if we were in India, it’s women who ultimately care for their elderly relatives, even their IL’s, feeding them, wiping their arses, cutting their toenails and every bit of care while the men put their feet up. Not exactly a model I wish to replicate. Someone before mentioned the link between care for the eldelrely and young female family members. It’s interesting.

OP posts:
Blanchedupetitpois · 21/11/2018 21:31

would I rent a flat to my mum because I needed the money and it was cheaper for her? My answer to you would be no, I could not do that, as I’ve already said.

If this is true then you should accept that lots of people would judge you for refusing to help you Mum with an affordable solution and instead forcing her into something more expensive and inconvenient for her. Lots of people would judge you for prioritising your feelings of awkwardness over helping your mum out.

As an extreme example, you could go to the slums of India - you would be hard pushed to find anyone charging their parent rent. They get by some other way. It’s a different mindset and that’s what I was trying (probably badly) to explain

This is a nonsensical comparison. Nobody in a slum is making mortgage payments. Nobody in a slum faces losing a safe and secure home for their kids by housing their parent.

I think what you’re utterly failing to grasp is that there is more than one way to help a parent. You accused me of fixating on you buying a house for your Mum, but you’re the one who seems to think that the only way OP could help in this situation was by letting her Mum live in the flat for free, even though OP couldn’t afford to do that. The reality is, OP was helping her Mum hugely by giving her much cheaper rent with no credit checks. OP’s two choices were to offer cheap rent, or refuse to help. You’ve confirmed that in the same situation you would refuse to help. I don’t think it’s therefore fair of you to judge OP for helping out in the only way she could.

CoughLaughFart · 21/11/2018 21:39

Why you’re so weirdly over invested in this pretty minor and standard tenant issue is beyond me. Never be a landlord, you don’t have the right mindset for it!

This comment is insane. I’m in no way ‘over-invested’ - I’ve simply replied to comments addressed to me. Secondly, the idea that I don’t ‘have the right mindset’ to be a landlady is insane. I HAVE been a landlady - twice. I simply offered a furnished property for rental. One person asked me if I’d considering renting unfurnished. I said no. Two other people who want a furnished property made me offers. I took the best one. It was a perfectly normal transaction.

randomonhere · 21/11/2018 21:44

It doesn’t matter that there are no mortgages in the slums. The point I’m trying to make is that, in some families, you can’t ask / take money from your parents. So the whole context you make decisions in is different. For instance, if we go out out for lunch with my family or DH’s family, we can’t ask them to pay for anything, it’s unspoken, but that’s how it is. So if we couldn’t afford to pay for everyone, then we couldn’t go in the first place. As I said, the whole context you’re making decisions in is different. My DH can’t say no to his mother about anything really, because she is his mother and he’s her son.

LaughingGiraffing · 21/11/2018 22:02

if we go out out for lunch with my family or DH’s family, we can’t ask them to pay for anything, it’s unspoken, but that’s how it is.

See if I have never ever known this. In my family, DH’s family and everyone else the parents treat the (adult) children - thus ensues a very British “No I insist on paying” “Nonsense I’m not letting my child pay for my lunch”. Why are the children expected to pay?

My DH can’t say no to his mother about anything really, because she is his mother and he’s her son.

But surely he can say no within reason? Say he had an important meeting at work but she needed him to pop round with milk and bread - he would say no?

These are not healthy relationships.

OP posts:
VaselineHero · 21/11/2018 22:03

Firstly, I totally agree with how you handled the situation with your mum and the apartment.

Secondly, I do know people from a different culture who would be expected to (and want to) change their lives significantly to ensure their parents were living comfortably. There is the belief that parents are the responsibility of adult children should they need help. Particularly for sons. And I can think of one person in particular who has gone into debt to ensure his parents are comfortable, and he wouldn't have it any other way.

MrsCatE · 21/11/2018 22:05

@Toddlepod and @Fromage. I initially felt sorry for OP re Quality Street abuse but now Toddle highlights liver issue ... I'm sure I saw OP sign on the dotted line for one of those massive BigvYellow storage warehouse containers; I wouldn't be surprised if she's got more relatives locked up in those windowless boxes and charging us daily fail tax payers for the privilege.

@LaughingGiraffing you may have scared off others with your cease and desist but you WILL NEVER TAKE MY FREEDOM (or 3 bedroom semi in Finchley (outskirts) [hoiks up kilt - exposing best of MN; Loo brushes, penis beakers, twice used towels!!! Far into yonder horizon]

randomonhere · 21/11/2018 22:07

“You’ve confirmed that in the same situation you would refuse to help. I don’t think it’s therefore fair of you to judge OP for helping out in the only way she could”

Blanche - my mum would not be offering me rent in the first place. It wouldn’t even be my choice. I couldn’t present her paying me rent as an option. If the only alternative for her was homelessness, she would be staying in our home or, if this really was not possible, with other extended family. But we would have to sort her out in whatever way we possibly could.

TripTrapTripTrapOverTheBridge · 21/11/2018 22:07

OP, although your grandad doesn't have a leg to stand on with you, what I'm thinking of is also trying to understand his anger.

I do think the furniture thing is a bit nuts -you let her throw your property away!! But how much did the replacement furniture cost? How much of that 2 grand was for the deposit? Not saying you owe him or are responsible, but surely you could understand why he's so angry and thinking that he could possibly recoupe from you if say half of that 2 grand was spent on furniture that you're (well your tenants!) are now sitting on ,to replace stuff of yours that was for some reason deemed only worthy of being thrown away? Yes,your mothers fault really, but you could understand him being angry and wishing he could recoup that,right?

myrtleWilson · 21/11/2018 22:07

So random if your MIL said to your DH, cut off your children and your wife, leave them destitute, then he would do it? Extreme example so I'll soften it.
If MIL said to DH, you money you spend on your household food budget - for your children, halve it and give me half, and whilst you're at it, the money you would have spent on birthday presents for the children - don't spend it on them but on me instead?

You acknowledged up thread that the renovated basement was to the detriment of your children so I'm interested to see how far this filial duty goes?

Blanchedupetitpois · 21/11/2018 22:08

Random - I say this with actual sympathy, because from what you’ve said I feel really sorry for you and your DH - but you shouldn’t view your own abusive family dynamic as a blueprint for others to follow.

VaselineHero · 21/11/2018 22:11

But Blanche, you're now viewing Random's life through your own set of cultural beliefs/expectations and judging them. And that's exactly what you're accusing Random of doing to the OP.

randomonhere · 21/11/2018 22:18

Blanche - as I said, it’s different and I’m trying to put it into words. So for instance, in say, DH’s culture / norm, there is less of a concept of children “standing on their own two feet” at say, 18. If as parents, you can find them through uni, or get them on the property ladder, or buy them a car, let them stay at home free, then you tend to do so and DH would have planned for this accordingly for our kids. But the expectation is that the reverse will apply when you are an adult and established and they are the “elders.” There a certain expectations on sons for sure, it’s not only daughters who are beholden to parents. He has to be very patient with his mother - and so do I!!

LaughingGiraffing · 21/11/2018 22:30

TripTrap yes I understand his anger at being £2k down but it’s unreasonable and unfair to transfer that anger towards me (especially when he said he didn’t want the furniture back like I offered) and down right abusive to scream at me in a cafe and down the phone that he’s going to sue me.

OP posts:
LaughingGiraffing · 21/11/2018 22:31

But random surely he doesn’t have to do everything his mum demands?

Out of curiosity did your parents pay for their parents a lot? Could it be why they’re not so well off now?

OP posts:
ClaudiaWankleman · 21/11/2018 22:33

@VaselineHero
Random has consistently refused to accept that her unusual (and pretty extreme sounding in my opinion) cultural norms shouldn’t be applied to the OP’s situation. I think Blanche is just turning that back on random to try and get the point across.

It’s also very well random talking about slums and how she would act if she weren’t so well off - but she is! And from her responses I really doubt her ability to empathise with anyone else who isn’t loaded.

randomonhere · 21/11/2018 22:42

“If MIL said to DH, you money you spend on your household food budget - for your children, halve it and give me half, and whilst you're at it, the money you would have spent on birthday presents for the children - don't spend it on them but on me instead?“

Myrtle I’m not really sure how to answer that because it’s quite extreme Confused, but, no, he wouldn’t deprive his family, of course. His first obligation is to us. At the same time, he does expect me to be accommodating of his mother as he is of mine. So now that we’ve moved and she’s getting older, she’s making noises about possibly moving into this house. I can’t just put my foot down and say, “absolutely not” because that would put him in a very difficult position. Also, I’m annoyed because she goes to NYC to see her other son and his family a fair bit and every time she goes, DH has to fly with her (in case she has a panic attack Hmm) and then BIL has to bring her back and they’re both very busy and travel a lot anyway and it’s sttessgul to tske the time out. When he takes her next time he’ll miss pre-Xmas things we have on, so yes, it can be very annoying.

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