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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:
hamblehumpty · 21/11/2018 22:45

LaughingGiraffing Wed 21-Nov-18 18:50:53
random I really don’t think you’re the troll referred to but you can’t seem to understand or accept that not everyone can afford to build/buy a house for their parents to live rent free and that not everyone can afford to let their parents live rent free in a house they already pay for

Sorry if I'm repeating this but this is spadefuls Confused

Coupled with the fact that my parents would be mortified if they had to be subbed by me or my sisters - especially knowing their nominal rent only covered the mortgage that OP had to pay - they just wouldn't allow it!

Just like I wouldn't leech off my adult son - surely as parents, if finances allow, it should be you supporting your children - certainly not the other way round!

Random your MIL and mother are not good parents - I feel so very sad that you feel responsible for their finances - they should be ashamed of themselves.

And OP - you're fab. Can only echo what most posters have said in that you hold no responsibility whatsoever for your mother's debt. I'd be bloody well ashamed to treat my son like she treat you - doing a moonlight flit and leaving you with the fallout Flowers

Blanchedupetitpois · 21/11/2018 22:49

His first obligation is to us.

Just like OP’s first obligation is to her own kids, whose home could have been put at risk if she hadn’t had rental income from her flat. Why is it one rule for you and another rule for the OP?!

NotMyFinestMoment · 21/11/2018 22:52

He has no grounds to sue you. He entered in to a contract with your mum (that's if he actually did). She entered into a separate contract with you. There's no overlap there. You and your grandfather have no contract. The only thing I could see a potential problem with is the TDS rental deposit and that is in relation to your mother only (not your grandfather). I hope you have it in writing or some kind of proof that she agreed that you would use the deposit to cover the shortfall in rent and that you had a signed and written tenancy agreement of some description which details that the deposit is lost if the tenant leaves the tenancy early to cover any shortfall in rent. If you consented to her leaving the tenancy early and she can prove that, but you have no proof that you had mutually agreed that under those circumstances that she will lose her deposit, then you may have a problem if she tries to sue you later. I hate to say this but your mum sounds like the dodgy one here. The impression I am getting (and I apologise if I am wrong) is that she borrowed money from him with the promise of repaying it, after she left the tenancy early, she had no choice with you but to agree to forfeit the deposit but I suspect she probably told your grandfather that she didn't get the deposit back from you 'yet' (and perhaps that you were going to repay it once you got it out of the deposit scheme - I suspect she said that to string him along and this is where the problem lies, she couldn't repay him and put it on you rather than admit she lost the deposit) and that's why she was not in a position to repay him at that time.

You could return the furniture for the sake of peace and good order and/or make a request that he collects it within a set time limit, but again this is not really down to you. Why should you operate at a loss, due to your mother and now your grandfather. One final way to get some clarity on who said what is to deal with this is on a 3 way call with your mum and grandfather on the line (I would also record it). You don't have to disclose it at court but you should have an accurate record of who said what. I would also ignore him and go no contact with him in the longer term. If he wants to take you to court, let him. Even more of his time, energy and money wasted chasing a debt that does not legally exist.

Disclaimer: I am not a solicitor so please do not rely on my opinion and please seek legal advice if you are uncertain of your legal situation - just thought I would add that in!!

VaselineHero · 21/11/2018 22:53

Claudia, I agree that Random is struggling to empathise with the OPs situation, due to wealth or culture - perhaps both.

However this doesn't detract from the reality that in some other cultures it just isn't possible for adult children to put those kind of limits on themselves where their parents are concerned. It has been bred in from day 1 what is the right thing to do and what is their responsibility, and it's very hard to remove cultural conditioning like this. And it has to be accepted that many adult children want to ensure their parents are comfortable, and cannot imagine behaving any other way.

Blanchedupetitpois · 21/11/2018 22:58

And it has to be accepted that many adult children want to ensure their parents are comfortable, and cannot imagine behaving any other way.

I don’t disagree with this, I just disagree with the perception that OP didn’t do this. She helped her mother as much as she was able. You can only do as much as you are able, regardless of how much money you have. You cant magic more money into existence, however much you would like to.

TripTrapTripTrapOverTheBridge · 21/11/2018 22:59

LaughingI get that. Just bare in mind, before you totally hate him, that usually when anger over losing money comes after such a period and unusual routes are taken,it often happens because the person owed is in a difficult situation.

randomonhere · 21/11/2018 23:03

Blanche - I’m sorry but I do think you’re being quite facetious now. Of course everyone’s first obligation is to their kids, but you can still make different choices. I accept the choice the OP made - of course I do. I did initially find it unusual, but she’s explained her reasoning and what can I say? It’s up to her. I’m just know that in that situation, I would have have a lot more than a shouting GD to worry about. Older people often see things differently and this GD obviously feels hard done by via his daughter and now, (rightly or wrongly) via his granddaughter. If she can try and understand where he’s coming from it might help her bridge the gap. It’s horrible to be in a standoff with an elderly relative at this time of year.

nightmares · 21/11/2018 23:03

@randomonhere I totally get you and bravo for standing your ground. I am from Asia and it would not even occur me, not in a million years, to charge my mom rent if she needed a place to live and I happened to have a flat. If I cannot afford to rent that flat for free, then I would have invited her to move in with me.

I don't understand this "relatives" comment either. My BIL is a relative. My third cousin is a relative. My parent - NOT a relative. I love my mom even though she drives me nuts often she has spent most of her life either financially or emotionally supporting me when I was a teen, I remember that and will and have given up stuff so that I can afford to buy some nice things for her. However, my mom doesn't have a penny to her name, has been an abused spouse all her life and have severe high-functioning MH issues, so I don't know what my stance would have been if she was independant like OP's mom.

It also depends on the relationship you have with your parent. I have always been very close to my mom. My father, eh, not so much, I am pretty sure I will charge him rent even if I afford to give my flat for free.

That said, OP, your GF is nuts. What a horrid man. He doesn't have a ground to stand on.

ilovekale · 21/11/2018 23:08

Fellow landlord here. He's got no case against you. Think of it as if it wasn't a family member. Would a relative of your tenants chase after you for their possessions? No and you wouldn't entertain the idea had he not been family. Relax and don't worry about it

hamblehumpty · 21/11/2018 23:13

I accept that some cultures take care of their elderly folk - Random twice took care of her 'elderly folk' and twice wasted thousands of pounds in the process. Taking care of your elderly relatives in my circle means visiting them, if room in your home and viable (i.e you don't work and are able to care for them) having them in your extra bedroom - of course I would do that for my parent in a heartbeat.

What I COULDN'T (for those of low intellect - COULDN'T does not equal WOULDN'T) do is finance their rent. Subsidised or otherwise.

Thankfully my parents planned for their future - would rather live in a tent than take off their children and hell would freeze over before they cut contact for 6 months over a card. Seriously, get some counselling Shock Your family dynamic is not one to berate OP with

OP doesn't have the finances to allow her mum to live rent free - she needed the rent to pay the mortgage on the property - needed the deposit to make up the short fall her mother left by not paying her (subsidised by her kind daughter's) rent.

SalemBlackCat4 · 21/11/2018 23:21

@user1457017537 Children didn't ask to be born, so don't need to be 'grateful' for a parent who chose to have them to provide them with the basics. Children are innocent. Parents and adults are not. Parents have a legal responsibility to provide a roof over their head. Parents are supposed to do things for their children, not the other way around. No wonder there are so many self-indulgent baby boomers who spend all their money on themselves and are not generous with their children, with attitudes like yours.

CarpeVitam · 21/11/2018 23:25

Reading this thread I feel like I have entered the twilight zone Hmm.

Well done OP on articulating and defending your position so well. I'm with the many others who think you've handled this impeccably 😉

hamblehumpty · 21/11/2018 23:28

*nightmares Wed 21-Nov-18 23:03:35
@randomonhere I totally get you and bravo for standing your ground. I am from Asia and it would not even occur me, not in a million years, to charge my mom rent if she needed a place to live and I happened to have a flat. If I cannot afford to rent that flat for free, then I would have invited her to move in with me. *

Guess what - I'm from England. I don't want to have a home repossessed or my son's inheritance flittered away because 'not in a million years' would I charge my mother rent. I've also said if I didn't have the finacial means to 'set her up' in flat, mortgage free, I would have my mum live with me - work and space allowed

The flat you own has a mortgage - that you need a tenant's rent to pay for (it's your investment for the future)

What do you do in your asian country in that case?

Nancydrawn · 21/11/2018 23:57

OP, ignoring all the batshittery, my only real piece of advice is, in the future, to make sure to put in writing anything you could possibly imagine ending up in small claims.

So, your mom wants to change the furniture and calls you about it? Tell her whatever you want over the phone, but follow up with a quick emails saying "Hey mom--Great to talk with you today. Just want to confirm again that I'm happy for you to replace the bed/sofa/goldfish bowl to one more your taste, as long as you're happy to leave your new items behind. Let me know if that doesn't work for you. See you Sunday! Love, Laughing."

Or, borrowing money from your grandfather, an email to say: "Hey Granddad, Thanks so much for the loan of £300. I can't believe we've been victims of a fraud! Anyway, I'll transfer the money over to you as soon as I get back. Love lots, Laughing." And when he rolls up being a dick about things, an email saying "Dear Granddad, As we discussed earlier today, I've just put a bank transfer in for £300 to cover the loan you made me due to the fraud. It may take 3-5 days to process due to bank procedure; if you don't get it by X date, please let me know. Laughing."

What this does is forestall all sorts of bullshit and batshit down the line. You have a record, and it's clear that these things are proper loans/arrangements.

It doesn't have to be grimmy father does it all the time when he's paying me back for something or I'm paying him back (NancyA quick email to say I've sent along the $150 for my part of your sister's present. Thanks for arranging it. Dad). It just keeps things clear--in his case, to make clear that these are repayments not gifts, in case he gets audited.

Email is your friend! (Not after the fact, but at the time.)

Alcina · 21/11/2018 23:58

OP, I'm one of the many who think you have done nothing wrong. With a bit of luck, your grandad has now come to his senses (or perhaps been advised by a neutral party) and realises he was in the wrong. Maybe he'll even apologise to you!

(In fairness to random, I understand she's viewing this from a different cultural expectation. She did say earlier: 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.)

tinstar · 22/11/2018 07:19

Well done OP on articulating and defending your position so well. I'm with the many others who think you've handled this impeccably 😉

^^ This

Blanchedupetitpois · 22/11/2018 07:28

I accept the choice the OP made - of course I do. I did initially find it unusual, but she’s explained her reasoning and what can I say? It’s up to her.

Well you haven’t quite gone so far as to apologise for being so judgmental before, but at least you’ve now come to an understanding of why OP had to make the choices she did.

I wish you all the best (genuinely!) because I think you must be under intolerable pressure from your relatives. I hope they don’t take advantage of you again, and I hope you’re able to recognise when their behaviour is abusive and not your fault (like going NC over a late card).

Jux · 22/11/2018 09:20

My vile alcoholic sil used to threaten dh regularly, "you'll be hearing from my lawyer!" she'd screech down the phone at him. Her lawyer never got in touch, I suspect she never even contacted a lawyer,nalmost certainly forgot all about it when she sobered up.

I think that your gf may have been really annoyed at how much your mum had 'borrowed' from him, abd perhaps wanted the money for something but didn't have it, blamed your mum and looked about for someone he could recoup it from.

He's done a lot of damage to your relationship, which is incredibly aad. Flowers

Niquitic · 22/11/2018 10:31

@Hamblehumpty and @randomhere

I am Asian & my DBrother, who was living at home with my parents when in his mid thirties, not working, decided that for his mental health, he couldn't live at home. He moved into my flat & agreed a reduced rental to cover my mortgage & council tax & bills. Later flew into a rage & screamed at me repeatedly, how could I take money off my own family!

But he was happy to do so - most of the cost would otherwise either be unincurred by me (gas, electric, phone) or covered by a proper tenant (mortgage, service charge).
And he was happy to cost MY family that much (DH & DC & me)...
I didn't hold a deposit as not required to by my mortgage & he left, still massively angry, having ruined the wooden floor and several appliances, 4 months AFTER he had married & moved in with his wife, still bitterly angry with me that I insisted he moved, due to my need to get renovators in & put the flat back on the market.

Lesson learned. Nothing financial with families or friends.

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