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Family member threatening court over financial gift
Hi,
I've read this is quite common and have done a bit of research already but would love a fresh opinion on our situation please.
A couple of years ago a family member (step-MIL) of my partner's family (we're not married), asked us if giving us some money would help start my business. We were completely taken aback but yes, of course it would have helped, and they offered us the money which we accepted.
When the money was given, there was very little discussion over it and it was simply transferred to my account. I had said it would be used as start-up costs which at the time I was crowdfunding for. Once received, I sent a message to say thank you for believing in me, money received and order placed (order was for the start-up materials for the product.)
At this point there was no discussion about it being any form of investment or loan. No contract was drawn up and no repayment plan set up, not even the mention of it needing to repayed at any point. As we were already had some debt, we would not have added to it if we were aware this was the case, we're trying to become debt free and was the reason for crowdfunding and not looking at business loans.
The transfer into my account was labelled 'investment' but my partner and I assumed this was in reference to a joke made by my partners father 'well you can see it as a kind of investment in that when you make your millions you can look after us when we're old'.
since then, we had to move house temporarily staying with them at which point tensions began to build and my step-MIL was rather rude and continually criticised my parenting, and other things I did. I did however remain polite and never rose to it. After a while it became so unbearable I missed a couple of family occasions (once we'd settled into our own home). This seemed to cause a lot of problems with her with comments suggesting 'I clearly didn't like her' despite maintaining all courtesies.
Earlier this year year tensions came to a climax when she disagreed with us again and demanded to see the business books. This was a complete shock. In over 18 months she had never even asked how the business went let alone enquired about the finances. I didn't respond (my partner did, asking to to clarify assuming she was just being blunt but she assured us she meant what she said). His dad then tried to explain she was just being helpful but her comment was clearly rude.
we then didn't speak for a few months which upset my partner as his dad had also stopped talking to us and the children. To try and sort this out my partner and his dad were communicating but she got involved, blamed everything on me, and out of the blue demanded all the money back within one month or will take me to court and add interest per day.
I responded that we were never aware the money was anything other a gift and ensured I did not agree it was an investment/loan in all correspondence.
She also threatened us with removal of the last few items we had at their house unless we collected in less than 48 hours. My father had to do this as we were away, and she used this to try and turn my own father against me by telling him complete lies.
So, my question is - do we have a case in court?
The only evidence she has is the text message from me saying thank you for believing in me and my business, and the label of investment of the transfer. There is nothing else, and she can't even claim verbal agreement as repayment was never once discussed.
To me, it is clear she has decided she no longer likes us (simply because we pulled them up on their behaviour) and now wants all her money back. I'm hoping the court will also see this too. In her correspondence she has labelled me a cheat, a liar and even accused me of theft from my workplace, all of which is untrue.
Any advice would be greatly appreciated as we've read mixed reports - one that it on her to prove it was an investment, and on the other hand, it's on us to prove it was a gift.
Thank you in advance.
I've read this is quite common and have done a bit of research already but would love a fresh opinion on our situation please.
A couple of years ago a family member (step-MIL) of my partner's family (we're not married), asked us if giving us some money would help start my business. We were completely taken aback but yes, of course it would have helped, and they offered us the money which we accepted.
When the money was given, there was very little discussion over it and it was simply transferred to my account. I had said it would be used as start-up costs which at the time I was crowdfunding for. Once received, I sent a message to say thank you for believing in me, money received and order placed (order was for the start-up materials for the product.)
At this point there was no discussion about it being any form of investment or loan. No contract was drawn up and no repayment plan set up, not even the mention of it needing to repayed at any point. As we were already had some debt, we would not have added to it if we were aware this was the case, we're trying to become debt free and was the reason for crowdfunding and not looking at business loans.
The transfer into my account was labelled 'investment' but my partner and I assumed this was in reference to a joke made by my partners father 'well you can see it as a kind of investment in that when you make your millions you can look after us when we're old'.
since then, we had to move house temporarily staying with them at which point tensions began to build and my step-MIL was rather rude and continually criticised my parenting, and other things I did. I did however remain polite and never rose to it. After a while it became so unbearable I missed a couple of family occasions (once we'd settled into our own home). This seemed to cause a lot of problems with her with comments suggesting 'I clearly didn't like her' despite maintaining all courtesies.
Earlier this year year tensions came to a climax when she disagreed with us again and demanded to see the business books. This was a complete shock. In over 18 months she had never even asked how the business went let alone enquired about the finances. I didn't respond (my partner did, asking to to clarify assuming she was just being blunt but she assured us she meant what she said). His dad then tried to explain she was just being helpful but her comment was clearly rude.
we then didn't speak for a few months which upset my partner as his dad had also stopped talking to us and the children. To try and sort this out my partner and his dad were communicating but she got involved, blamed everything on me, and out of the blue demanded all the money back within one month or will take me to court and add interest per day.
I responded that we were never aware the money was anything other a gift and ensured I did not agree it was an investment/loan in all correspondence.
She also threatened us with removal of the last few items we had at their house unless we collected in less than 48 hours. My father had to do this as we were away, and she used this to try and turn my own father against me by telling him complete lies.
So, my question is - do we have a case in court?
The only evidence she has is the text message from me saying thank you for believing in me and my business, and the label of investment of the transfer. There is nothing else, and she can't even claim verbal agreement as repayment was never once discussed.
To me, it is clear she has decided she no longer likes us (simply because we pulled them up on their behaviour) and now wants all her money back. I'm hoping the court will also see this too. In her correspondence she has labelled me a cheat, a liar and even accused me of theft from my workplace, all of which is untrue.
Any advice would be greatly appreciated as we've read mixed reports - one that it on her to prove it was an investment, and on the other hand, it's on us to prove it was a gift.
Thank you in advance.
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