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Can someone take back gifts or ask you to repay household bills after 7 years?

21 replies

Jehovah18 · 05/01/2019 08:19

I own my home my aunt put some money into me buying it but transferred it on the tr1 form for "no money or anything of a monetary value". We verbally agreed an amount I tried to pay her back. Now she wants 5 times that amount and 7 years worth of bill money. She has gone through her bank account and wants to charge me for things like a £5 transfer she made to my bank 5 years ago. Can she do this? I can't afford the legal fees to go to court. What can she claim from me? There's nothing in writing.

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cloudtree · 05/01/2019 08:20

You've posted about this before haven't you. You have apparently been told by your solicitor to settle. The solicitor won't have advised this unless they believe you are liable. You need to take advice from your solicitor who has the benefit of knowing all of the details of the case and reading all of the documents.

Ffsnosexallowed · 05/01/2019 08:22

If there's nothing in writing how can she prove anything was a loan and not a gift? I don't think she can claim anything back from you.

AJPTaylor · 05/01/2019 08:22

No I doubt she would be successful. Of course anyone can start court action. How much is involved?

Jehovah18 · 05/01/2019 08:45

We agreed £30k for the house (my mom had already put in £80). I tried to pay her this back. She wouldn't do it through a solicitor. Then got a solicitor letter asking for £150k. I've offered her the amount she paid in £59. But she's refused this. She's asking for things like £5 she transferred to my bank 5 years ago and money she paid for hair clips when I was 16 etc. Also the bills she paid for the house which she agreed would be paid by the money she got for renting out the bedrooms for the past 5 years. She's never told me or my solicitor how much she made from that. That money was to pay the bills. I do have a solicitor but every phone call and email costs loads of money.
I'm just trying to get other peoples views because I'm so stressed and it's good to t as talk about things. There are some very clever women on this site with good advice.

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Believeitornot · 05/01/2019 08:49

Re offer the amount in writing from your solicitor.

Is there someone advising your aunt??

RagamuffinCat · 05/01/2019 08:58

Does she own the property with you?

OhDearGodLookAtThisMess · 05/01/2019 09:04

Why was she renting out rooms in your house?

Jehovah18 · 05/01/2019 09:29

I lived with my aunt from 14 to 17 when she moved to spain. There was nothing in writing between us about the bills but she suggested renting the bedrooms out to pay for the bills. She wouldn't put them in my name and I never saw how much she's made on renting the rooms and she still hadn't given my solicitor a copy of this. The agency won't give me the details but it was £90 a week. Students came on short terms and I didn't keep track because I never thought she would go this. She always said the money more than covered the bills but now she wants 7 years worth of bills, gifts, anything she could find on her bank statement that she could pass off as being for me. She's got no receipts for anything.

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Jehovah18 · 05/01/2019 09:30

The property is in my sole name. She was supposed to transfer it to me when I was 18 but didn't until I was 22.

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Jehovah18 · 05/01/2019 09:32

My aunt has a solicitor. But they taje 2 months to reply to my solicitor letters.

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Jehovah18 · 05/01/2019 09:32

I own the property in my sole name.

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Jehovah18 · 05/01/2019 09:37

My solicitor already offered her the £59 she put into the property she rejected it and said we had a verbal agreement for £150k. We didn't. It was £30.

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MaisyPops · 05/01/2019 09:44

I'm no legal expert but it seems ludicrous that she could suddenly start asking for £150,000 & bills etc when you own the property.
What was the arrangement? You buy a property, she lives there for free and pays bills? If it's your property then was your name on the rental agreement for the rooms?
It all seems a bit of a mess but I've always thought if there's no evidence of a contract or actions to suggest a contract then it's hard to prove a loan vs a gift (obviously got some excellent knowledge from daytime TV Smile)

PattiStanger · 05/01/2019 10:06

Tbh it doesn't matter what any posters say, you need proper legal advice from a solicitor who knows the full details.

Please don't rely on Internet information.

RagamuffinCat · 05/01/2019 10:08

Do you have a mortgage on the property? If so is it in your name alone? I would imagine she would have had to have declared her interest in the property at the time of getting the mortgage, and have been asked by the bank to confirm that the money she gave was a gift not an interest in the property.

cloudtree · 05/01/2019 10:36

The OP has already received loads of "internet advice" about this in previous threads. Its a complex legal situation and not anything that anyone can advise you on over the internet without seeing all of the documents. You need to rely on your solicitor. if you're not happy with your solicitor then you need to find another one. if your solicitor genuinely didn't believe the aunt is due anything then she will not have advised you to offer her £59,000. Hmm

MaisyPops · 05/01/2019 10:43

cloud
That's why there has to be more to this than what is on the thread.

I can't see how else a solicitor would possibly argue OP has to pay out such sums of money if it's as simple as 'she gave me X and I've been paying her back but now she is demanding 3 times X'.

There's something to be said for being aware of legal arrangements you take on with family.

Ethel36 · 05/01/2019 10:44

Does your house insurance have legal cover? If so, you might be able to use this to help pay any legal fees. Is it worth paying her £100 just to make her go away?

Ethel36 · 05/01/2019 10:46

Sorry just realised you meant thousands!!!! Can you change solicitors?

cloudtree · 05/01/2019 11:12

I'm a solicitor. There is more to this. But even if you gave chapter and verse on this thread we would still need to review all documentation nd correspondence.

Jehovah18 · 05/01/2019 11:52

Thanks for all your advice. I will follow what my solicitor Says when I next see her.

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