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Legal matters

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Original poster

Friends parents are threatening legal action for money they learnt her during uni any advice......

25 replies

Nointhemood · 09/05/2010 17:26

my friend completed 3 years at university studying for a degree her parents loaned her about 3k towards university costs and expenses. After finally finding a job she got made redundant a few months later and has been unable to make use of her degree. Since then she's taken on two low paid jobs.

She came out of uni with a huge overdraft which is interest fee at the moment plus other debts which aren't due to be repaid until she's earning the 18k plus or what ever figure. She's paying her parents off £30 pcm by DD. The problem is they want to increase it to £50 which she can't really afford. Her priority is trying to pay off her overdraft before she is charged interest.This has ended in a big family row and so they are no longer talking (but she is still paying the £30 amount) she has since had a text saying that they will take legal action if something isn't sorted.

Because it has caused resentment her attitude is fine do it (her parents get free llegal iad though). Where does my friend stand and can her parents take her to court?

OP posts:

HellBent · 09/05/2010 17:39

What lovely parents she has! Would they not end up with less per month if they took her to court? If she said she could only afford to pay 20p back a month they would be royally pissed off!

Surely this is a temporary arrangement though, and she'll get a job with the degree eventually?

ProfessorLaytonIsMyLoveSlave · 09/05/2010 17:44

Was there any written agreement about the loan? What was originally agreed about repayments or was that never discussed?

Pancakeflipper · 09/05/2010 17:46

was there a contract drawn up saying it would be upped to £50?

I doubt a solicitor will entertain this case because it's a family related matter and unless a contract has been broken then it really becomes an emotional issue. Sounds like something else is at the root of this.

And if she ain't got the dosh then she can't pay any more. So a solicitior won't see the point in chasing this.

Original poster

Nointhemood · 09/05/2010 17:49

No no written agreement what so ever-but they want her to sign a contract now!!!My friend has said at the moment £30 is the max she can afford. She has barely had a interview so it hasn't been lack of trying. She's a newly qualified secondary teacher and it been a year since she qualified-shes obviously regretting going to uni and luck at the police force now.What can they do if they take her to court or do you think they can't?

OP posts:

Miggsie · 09/05/2010 17:53

If there is no written agreement they will find it hard to sue.
They could go to court and try to claim that it was a verbal agreement, but it does not fall under contract law so I can't see how they could use that argument either.

I would also add that any parents that try to take their offspring to court for repayment of uni loans are mad, bad and worth avoiding.

My parents lent me money to buy my first car, I piad them back a bit each month, then I bought a house and as a house warming they wrote off the rest of the loan and said I could cease the repayments. Normal paretns would be offering a payment holiday if their offspring was in financial trouble, not threatening court.

I suspect a solicitor would find the case amusing and a judge would throw it out for wasting the court's time.

Make sure your friend does not sign anything!

AuntieMaggie · 09/05/2010 17:53

omg

i would try to pay them back as soon as i could and then have nothing to do with them

Original poster

Nointhemood · 09/05/2010 17:58

Thats what she wants to do-she wants to pay off her overdraft and take out a loan to pay them off asap but they dont want it back in one lump sum because of their ISA and possibly benefits.And i agree about them not being normal parents!!!

OP posts:

Pancakeflipper · 09/05/2010 18:00

They can take her to court. But most solicitors will not want this case cos' it is bonkers. They'll recommend mediation or family therapy!

I can't see them wanting to touch this with a barge pole because it was a family agreement verbally done and now the goal posts have been moved.... They won't win.

The cost of legal fees will be more than the extra £20 they are demanding.

I'd be tempted to get a copy of the contract - obviously don't sign it but be worth keeping in case it gets nastier.

Tell you mate to inform her parents that she will contact them in a weeks time. This gives the parents time to cool downand hopefully twig how silly this is. But get herself some legal advice e.g CAB or is she in a union because they sometimes have helplines for help e.g financial, legal, therapy etc...

Original poster

Nointhemood · 09/05/2010 18:06

At the moment she isn't speaking to them so she wont contact them-she's paying the £30 by DD and hopes to pay off her OD and take out a loan. Things have broken down so much she's unwilling to be in the same room now as the last phone she had with her dad got a bit nasty. But she recieved a text and hand written letten from them telling her to contact them or else they will take her to court etc so either they are bluffing or i don't know.My friend wants nothing to do with them she has told them before at the moment she cannot pay more then £30 like i said she has two jobs.

OP posts:

Original poster

Nointhemood · 09/05/2010 18:09

I think she is very pssied that they threatened to take her to court the last time they spoke when they said if you do-not increase it to £50 by april will will take you to court they have now written a letter as she is refusing to speak to them threating to issue leagal action if she doesn't contatc them with 10 days. The fact they are threatening and behaving the way they are is making her think fine go for it but obviously she's slightly worried that it may stand up in court.

OP posts:

sarah293 · 09/05/2010 18:10

This reply has been deleted

Message withdrawn

Original poster

Nointhemood · 09/05/2010 18:10

sorry my not wearing my glasses hope it makes sense lol

OP posts:

Original poster

Nointhemood · 09/05/2010 18:13

yes but not enough and yet she has said let me pay my OD off first as from the autumn she will have to pay interest on it. She wants to then take a loan out but the bank wont let her until she's cleared some of her debts but then they dont want it all to be paid back in one go because it will affect their ISA!!! Despite them not talking she is still making payments.

OP posts:

foreverastudent · 09/05/2010 18:18

legally they dont have a leg to stand on. there is a presumption in law that agreements between family members are NOT legally binding.

There is however a legal obligation for parents to financially support thier kids through uni, according to thier own financial situation. If they haven't done this, she could sue them.

azazello · 09/05/2010 18:19

I would strongly advise her to ignore them and let them take her to court if thats what they want. They would have to prove that there was a contract with a higher repayment level which they can't do. I would be astonished if a judge considered it for a moment.

It is perfectly standard for a judge to order repayments but these are not at a level which would be harmful to the payer. She should get to CAB or even see if she can have some free time with a solicitor and get a put up or shut up letter and maybe some suggestions for family counselling.

Jaybird37 · 09/05/2010 19:42

I'd let them call her bluff.

If she ends up in court she has all her bank statements etc to prove income and repayments. It would be useful if she had a file of efforts she had made to get a job.

If she wants to pay off in one go then that is up to her. Their tax situation is not her problem.

If they accepted £30 pm originally it will be difficult for them to explain to a judge why they want that increased, especially as, if they are investing in ISAs they clearly do not need the money urgently themselves.

AuntieMaggie · 09/05/2010 19:59

I personally would say feck em and get a loan now pay em back and have nothing more to do with em - if it's a choice between paying extra interest on my overdraft or putting up with this shite I'd do it just to get rid.

Or really struggle to pay the extra 20 quid a month - how much has she paid off so far? Because they could pull the same trick in 6 months time saying they want £100 a month so that's why I'd be tempted to just pay them off.

fedupwithdeployment · 09/05/2010 20:10

If her financial situation is as you state, I would guess that a court would order payments of £5 per month. That would be quite amusing.

fedupwithdeployment · 09/05/2010 20:10

If her financial situation is as you state, I would guess that a court would order payments of £5 per month. That would be quite amusing.

LoveBeingAHungParliament · 09/05/2010 20:10

Obviously i wouldn't sign anything now.

Can I ask is it defo both of her parents and not just one and the other doesn't know anything about how serious it has gotten?

Agree re calling bluff, if it were ever to actaully get that far i would be suprised.

Is there anything that she has done recently that has made them think she has more money than she does?

thatsnotmymonkey · 09/05/2010 20:16

BLIMEY! Shameful behaviour, I am snooping her, but what is the back story to this, I mean there must be more to this than just money.

Awful, your poor mate. I would tell the parents to sing for it!

thatsnotmymonkey · 09/05/2010 20:16

here

Original poster

Nointhemood · 09/05/2010 21:50

No no more to the storey as far as i know. Think they are just really petty and greedy with money-i know if my child went to uni i would do my utmost to help them out and if i had it i would give it to them.I think it hasn't helped that my friend isn't speaking to them but i can't blame her i mean they gave her an unltimatum fgs. They were even on about charging her for interest that they would of lost from it being in the bank seems crazy!!!!

OP posts:

thatsnotmymonkey · 09/05/2010 22:11

dear oh dear, I hope she gets it sorted soon

Jaybird37 · 10/05/2010 07:59

firstly, they mat not have noticed but interests rates are roughly zero.

Secondly, if they agreed an interest free loan they can hardly enforce a renegotiation now.

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