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Legal, pensions and money

never lend to family

(56 Posts)
Christinefrance Wed 03-Aug-16 08:34:59

Think it will be difficult to get the money back caz55 as it seems it was not in one loan but over a period of time. Try the High Court and Sheriff's office.
Not sure if I agree with giving rather than a loan as I think people should face up to their responsibilities and pay back money which has helped them out.

Newquay Wed 03-Aug-16 08:31:34

Oh dear, how sad.
I agree that a loan should really be viewed as a gift.
We've lent to different folks in the past, including DC, and most has been repaid eventually without our having to ask.
If you cannot "write off" the money and just accept (or indeed be able to afford) as a loss then you can easily take out County Court proceedings to recover the money. Presumably you know where he lives? Involving solicitors, IMHO, would be inflammatory-and unnecessarily expensive.

annsixty Wed 03-Aug-16 08:06:04

I agree about giving instead of lending although I realise it is not possible for some.
We have worked on the principle that they will get it when we die so would rather them have it at a time of need.
If I really needed it back I would set up a realistic repayment schedule and expect it to be kept.

absent Wed 03-Aug-16 07:57:42

Better to give than lend and, if you do lend, never lend more than you can afford to lose.

As far as legal recourse for repayment is concerned, I think you should consult a solicitor. If legal costs will be considerable – and they often are – you may be wiser to write off the whole experience, including your middle son if that's what you really want to do. Bear in mind also that just because there is a judgement that money should be repaid doesn't mean that it will actually happen.

Luckygirl Wed 03-Aug-16 07:50:43

How sad that you have this rift in the family - why did you lend him money if you did not get on with him?

caz55 Wed 03-Aug-16 07:44:24

I rather stupidly lent money to my middle son this as about 10 years ago and various amounts over a few years.
To start with he was good about paying me back with standing order sat up this would sometimes stop when he was between jobs but then set up again nothing was ever put in writing.
A couple of years ago I asked him for it back about £7000 he's in a well paid job and we noticed he was spending quite freely so felt he should make the effort .
He then cut all contact with us refusing to let us see his kids and telling everyone we were crap parents.
I have a load of text messages on my phone where he acknowledges that he owes this money .
Is there anyway I will be able to use this to take him to court to get this money back using this as proof.
I add that I really don't care if I never have contact again he's made it very clear what he thinks of us and has caused huge family rifts so better off without him.
Any advice please