False accusations over "loan"

A question about : False accusations over "loan"

Hello

I am doing this on behalf of my mum who has just received a court letter about an unpaid loan (small claims).

My dad has claimed that she owes him over Ј4k for a loan she received off him in 2008 for a car, now time for some facts

It was never a loan, there was no pre-loan agreement or any paper work, we never received any money off him as he bought the car himself for my mum.

they were in a relationship at the time and split in 2009, since a new women has come on the scene we have had constant letters from him and his solicitors saying we owe money too him plus interest.

Today she has received a county court claim form, would you put this in as much detail or just brief?

Any help to know were we stand with this would be a great help

Thank you

Ste

Best answers:

• I would put in as much detail. keep it factual, because you Father will get a copy of her Defence and he will have to prove that it is indeed a loan with the supporting documentation to prove this.
  Did your Dad complete paper work to transfer the ownership to your Mum, or is your Mum the registered Keeper of the car with the DVLA?
  Your Dad may still be the legal owner of the car with your Mum as the Keeper of the Car. If you Mum went sell the car and she is only the keeper, it could cause problems, so maybe it is in your Mum's interests to get this sorted once and for all.
  Shame she has no paper work to say he gifted the car to her to prove that he is wasting the Court's time.
  I would let this go the full course with your Mum going to Court and telling her side to Judge. he might make your Dad transfer ownership of the car to your Mum. your Mum could then claim her costs, but it would be at the Judge's discretion if this was awarded.
• There was no paper work what so ever for this "loan" as it has only become a loan since he got with his current partner.
  My mum is registered on the log book, she used her old car as part-ex and he payed the rest of the money, so would this mean she is the owner because of the part-ex? how would we find out as we cannot find the receipt.
  thanks
• This would be the moot point, it does not prove she is the owner of the vehicle if he can prove he paid the balanace of the money owed.
  Without the sales receipt and whose name is on that receipt as the purchaser it is going to be his word against hers.
  If the car was bought through a dealership, you could trace a copy of the sale back that way and see whose name is on the puchase paperwork.
  Either way you Dad is going to have to prove this was loan and without a your Mum's signature on some sort of documentation stating she would repay him the money he spent, it is an uphill.
  So fill in the details regarding her Defence, in the meantime try to trace back a copy of the purchase receipt. I am assuming it was cash sale. if it was and your Mum's name is on the receipt copy, then it will case over without a hearing or a walk in the park if there is a hearing.
  Your Dad will still have to prove to the Court this was loan to your Mum. if he hasn't got any paper to prove this I would say he is stuffed.
• I agree, your Dad has to prove the loan was exactly that and not a gift.
  On a personal note, I'm sorry that you and your mum are going through this. My stepdad (who has been my dad since I was 3) did very similar things when he moved out of my parents' flat and in with his new girlfriend, so you have my deepest empathy. I'm raging at both your dad and mine!