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MIL taking us to court - Help please

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  • MIL taking us to court - Help please

    Hi,

    I will just start with a little bit about us and our situation.

    I've never used forums before but would greatly appreciate your advice. We have had an horrendous couple of years. My mother and partner got diagnosed with cancer at near enough the same time. My partner had a mastectomy and had chemo. My mum only had me to look after her and even though my partner had her family they didn't help much and to be honest were pretty useless. I was juggling between them both daily. Its been horrendous, my mum died in January this year and its been one thing after another. We bought and moved into a new house before the cancer diagnosis, a month later they got diagnosed. It was around Christmas time and my partner was going through chemotherapy, our house was quite cold especially the living room where our fire had been condemned and the cold air was rushing through the chimney. We have two little boys also. I decided to board where the fireplace was and decorate the room for Christmas and obviously for the warming aspect. My MIL suggested getting a log burner she has one and it's much better than gas. I explained we couldn't afford it and I would board it up until we can afford it at a later date. She said she would pay for the installation if I paid for the stove and it will be an early Christmas gift for the both of us. After deliberation we scrimped and bought the stove and she paid for the installation. This was in Nov 2017. We had fallen out with my mother in law as she was very controlling over our children and us and in the end became too much to deal with. Since then she then have sent nasty letters to me and my partner, who thankfully has recovered from cancer. We have received a court summons to go to court as she wants to money back for the installation of the fire. She has said now it wasn't a gift and it was in fact a loan. It wasn't a loan, it was a gift like I have stated above. We have signed nothing and agreed to nothing. My mother in law paid for the installation directly to the company from her bank. I went in with my money for the stove and paid in cash. My partner is very upset about it all and she can't believe after everything we have been through as a family they intend to do this to us.
    ​​​​​​
    Will the court think that we owe her the money back, even though it was a gift?

    What are our chances?

    Is that evidence of loan because she paid for it directly?

    I'm sorry if I've rambled on and I'm sorry if this is not in the right place.

    Please move if not.

    Would love to hear your advice.

    Thanks,

    Shaun.

    Tags: None

  • #2
    Oh dear, it is awful when family relationships breakdown, particularly over something daft when there is so much more important stuff you've been dealing with.

    My MIL suggested getting a log burner she has one and it's much better than gas. I explained we couldn't afford it and I would board it up until we can afford it at a later date. She said she would pay for the installation if I paid for the stove and it will be an early Christmas gift for the both of us. After deliberation we scrimped and bought the stove and she paid for the installation. This was in Nov 2017.
    That seems quite clear and you didn't enter into any agreement with her, and neither party intended to enter into legal relations.

    Could you post up her particulars of claim pls.

    How much was the installation ? ( and though probably irrelevant - how much was the actual stove you bought? )

    It was around Christmas time and my partner was going through chemotherapy, our house was quite cold especially the living room where our fire had been condemned and the cold air was rushing through the chimney. We have two little boys also. I decided to board where the fireplace was and decorate the room for Christmas
    Potentially you need to check dates.

    How long did it take to order the stove have it delivered, and then installed ?
    Can you check you bank statements for when you purchased the stove ?
    And did your MIL pay you the money for the installation then you pay it to the installers - or did she pay direct ? ( so can you check dates on that )

    Just as Christmas Decorations aren't normally up till December ( unless your my neighbour who did hers beginning of November lol ) and it was during a stressful time for you so you might have timings muddled a little bit - worth checking so your defence is accurate and evidenced xxx

    Okay sorry just re-read
    My mother in law paid for the installation directly to the company from her bank. I went in with my money for the stove and paid in cash.
    Did you get any receipt etc ? Guarantee/Warantee certificate for the installation etc ?
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    Comment


    • #3
      Hi Amethyst,

      Thank you so much for your speedy reply.

      I'm at work at the moment so I don't have the letters to hand but will post up her particulars as soon as I get home. I think the installation was around £2300 and the stove was £599. I bought the stove in cash about 4-5 weeks before the installation date. On the same day after the instating my mother in law paid for the installation via her bank directly to the company, we didn't receive any money. It was installed on the 1st Dec 2017 but was organised and stove bought in November, installation paid on 1st Dec 2017. In the court document she has stated that it was a loan and she can prove that it was because money from my partner has gone into her account and visa versa, but this wasn't for payment of the installation it was bits bought by her mother on behalf of us for our children for Christmas which in turn was paid back by my partner. It wasn't an exact payment each month for the Installation for example £100, it was more like £20 here and £40 there for Christmas presents.

      Thank you so much for your reply, feel as though everything is on top of us.

      Xx

      Comment


      • #4
        I have text messages from her stating " I hope you like the fire, I'm happy for you both, the room looks lovely" which I've replied thank you so much etc xx

        Comment


        • #5
          This article is interesting and highly relevant. The issue is whether an advance of money from mother to daughter is presumed to be a gift. If so, MIL will have to prove it was intended to be a loan and the burden of proof rests on her.


          https://www.inbrief.co.uk/property-l...relationships/

          Comment


          • #6
            Did you manage to get the particulars of claim ?
            #staysafestayhome

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

            Comment

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