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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:
cowfacemonkey · 19/11/2018 22:03

Send him the details to apply for Judge Rinder. You never had any agreement or contract with him so I can't see that he has any valid claim against you.

dawnacorns · 19/11/2018 22:04

There's ways of going about things and nothing excuses somebody shouting and intimidating someone else in this way user02 The grandad has behaved badly. OP has paid him what she owes him. Any other arrangement is with him and the OPs mother, except returning the furniture, which if it was me I'd arrange for asap.

BrieAndChilli · 19/11/2018 22:05

If a bank lends me money to buy a car, and I then buy a car from a garage and then don’t pay the bank, the bank can’t then go after the garage for the money!!!

BehemothPullsThePeasantsPlough · 19/11/2018 22:08

He doesn’t have a leg to stand on but of course he could tell his solicitor any old shit, so you might get a letter based on his dodgy version of events. Do you have landlord’s legal expenses insurance just in case? Unfortunately the bog standard legal expense cover you may get with your own household insurance is unlikely to cough up.

BarbarianMum · 19/11/2018 22:11

He cant sue you. You and the rest of your family need to stop tapping him for money, and you should have found a more timely way of repaying him the money he lent you for your holiday. I bet he didn't make you wait 3-5 working days for the loan.

CoughLaughFart · 19/11/2018 22:12

*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*

You don’t have to ‘justify’ yourself to anyone. But you did ask for opinions on a public forum.

I don’t know why you ‘hope’ I haven’t rented property - what is your issue? For your information, I have both rented out property and rented property from someone else. I specified that my flat was available as a furnished property - anyone who wanted unfurnished could rent somewhere else. When I rented a property I deliberately chose a furnished one. Had I wanted to use my own furniture, I would have chosen an unfurnished property. It’s really rather simple.

User02 · 19/11/2018 22:12

@Dawnsacorns Do you think that an old man should just hand out money and not be angry when he is not paid back? The money was lent in good faith and should be repaid by the people who borrowed it. It is not right to bring in the emotional distress of "No Contact".

Oswin · 19/11/2018 22:14

Op has paid him back. With a paper trail. The right thing to do.
His issue Is with the woman who actually owes him money. Not the op.

TemptressofWaikiki · 19/11/2018 22:14

@User02 Are you on glue?

Oswin · 19/11/2018 22:15

User the op has paid him, why is it to scream and shout when it's not her that owes him the money.

User02 · 19/11/2018 22:17

@TemptressofWaikiki I am not on glue. Are you in the habit of borrowing money from pensioners and thinking you are entitled

I have said that they money from the Grand daughter is going through the Bank processes but as yet the Grandad can not see that the money is coming.

skyesayshi · 19/11/2018 22:17

OP, of course your GF is owed the money, but NOT by you. He loaned it to her not you.

If he takes it to the SCC he will have to provide paper evidence as to why you owe it to him, which he hasn’t got.

He’s just trying to scare you. I know it’s hard but just don’t engage with him on this, it’s not your debt.

petbear · 19/11/2018 22:18

Oh FFS why is the the OP's responsibility to pay her MOTHER's debt? Fuck that for a game of soldiers.

Grandpa (who seemingly has more money than sense) lends money out - multiple 1000's it seems, to FAMILY.

HIS CHOICE ... He takes the risk, he sucks it up if he doesn't get it back.

Maybe he has learned his lesson now. NEVER lend money that you cannot comfortably afford to lose!

petbear · 19/11/2018 22:19

Oh FFS why is it the OP's responsibility to pay her MOTHER's debt? Fuck that for a game of soldiers.

Grandpa (who seemingly has more money than sense) lends money out - multiple 1000's it seems, to FAMILY.

HIS CHOICE ... He takes the risk, he sucks it up if he doesn't get it back.

Maybe he has learned his lesson now. NEVER lend money that you cannot comfortably afford to lose!

petbear · 19/11/2018 22:20

AND he has more chance of shitting a pineapple, than he has of getting the OP's MOTHER'S debt off her, in a court of law!

JuneFromBethesda · 19/11/2018 22:20

Why isn’t your mother taking any responsibility for this? It’s her fault he’s going after you.

I’m sorry OP it sounds very upsetting.

Jimjamjooney · 19/11/2018 22:20

(Misses point of thread) I’ve rented a lot OP and when I’ve wanted to furnish an already furnished apartment to my own taste, the landlord has never got rid of all their furniture and told me to either leave mine or replace theirs?! I know it’s the way you’re happy with but I wouldn’t say that’s a common way of doing things.

LaughingGiraffing · 19/11/2018 22:20

feefee he has a nasty side, but I never thought he was capable of this.

DianaT I don’t have internet banking access yet, I had to fill out a form, sign and return it and they’re sending me the details within 6 days, apparently! I only managed to do that at the weekend so it’ll be cleared by the Time I get access

User02 not that I think it’s especially relevant, as money should be paid back regardless of financial status, but my grandad receives £2,000 a month in pensions (ex army and civil service) plus numerous benefits. He’s not on the breadline, and in fact when I met him for coffee last week he asked after that I read his bank balance to him as he didn’t have his glasses - let’s just say he’s very comfortably off. Anyway, I imagine he is fed up but it doesn’t mean he has a right to “transfer a debt” to someone who had nothing to do with that debt

OP posts:
User02 · 19/11/2018 22:21

@Oswin It is not right to shout in a public place I am not saying that it is but what I am saying is that the Grandad is being borrowed from and he is having trouble getting the money back.
I know the money is going through processes but right now the money is not with Grandad.
The old guy is likely fed up with the borrowing and waiting for repayment. I don't see why he should be out of pocket. He likely sees the furniture being in OP's flat as being the reason why he is going after her. I don't see it that way exactly but her flat has benefitted from replacement furniture.
We don't know but this may be a series of such events or not but the Grandad is due to be repaid

hiddeneverythin · 19/11/2018 22:24

@CoughLaughFart IME it's standard that if you want to change the furniture you leave it.

@LaughingGiraffing he sounds horrible. You sound very lovely and very sensible xx

namechanged0983 · 19/11/2018 22:24

I was about to echo @User02's sentiments.

Is there something else going on in his life that's stressing him out and this is the final straw. Normally when someone behaves so irrationally there is a bigger, most likely unrelated reason.

Just offering a different perspective. x

LaughingGiraffing · 19/11/2018 22:26

Do you have landlord’s legal expenses insurance just in case?

Yes I do luckily

I bet he didn't make you wait 3-5 working days for the loan

Confused it’s hardly my fault that that’s the bank’s policy

CoughLaughFart I’m not sure what your issue is with my perfectly fair and reasonable terms of the tenancy agreement, and I’m still not sure how it is ‘ridiculous’, but I do wonder if you are physically able to post a MN comment without getting some snarky dig in. Like I say, I am a regular in these parts.

OP posts:
LaughingGiraffing · 19/11/2018 22:29

why isn’t your mother taking any responsibility for this? It’s her fault he’s going after you

TBF after I called her to tell her what happened she was going to ring him and set him straight but I told her not to, not today, she’s recovering from surgery and could do without being screamed at. But then he called her anyway and was kind, so 🤷‍♀️

I’ve rented a lot OP and when I’ve wanted to furnish an already furnished apartment to my own taste, the landlord has never got rid of all their furniture and told me to either leave mine or replace theirs?! I know it’s the way you’re happy with but I wouldn’t say that’s a common way of doing things.

I didn’t get rid of all my furniture, just the 3 things she asked to replace. Do you think it’s fair to take furniture out a rented house, leave without replacing a thing and then expect a landlord to for out for it themselves?

OP posts:
Bluntness100 · 19/11/2018 22:32

Op, have you given your mother back her deposit? This seems to be partly the issue from what I can see. He gave her the deposit. She gave it to you as part of thr tenancy, but it doesn't seem you've paid her back, and as such she hasn't paid him back as you still owe her th money?

So you owe thr 300 to your grandfather which is being paid, and possibly the deposit back to your mother, which she then owes him? Is this correct?

LaughingGiraffing · 19/11/2018 22:33

Grandad is being borrowed from and he is having trouble getting the money back.
I know the money is going through processes but right now the money is not with Grandad.

But what do you expect me to do, force the bank to make it quicker to appease his temper tantrums? Also, I only got back off holiday on Thursday, and I agreed to pay him back on our return. Which I have done.

her flat has benefitted from replacement furniture.

It’s not - that was furniture left by my mum as stipulated in the contract. I offered to give it back at the time, and again the other day, and he said no.

OP posts:
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