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  1. #1
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    Default Anyone a lawyer?

    Hi I have a law question. My MIL leant us $50000 dollars about 2 months ago when we were trying to refinance our house as our property had list value.

    When we were unable to refinance as no one accepted us we asked if she would mind if we paid off our smaller debts and put some on the house to which we agreed.

    She has been living with us on and off which is very unsettling for my daughter who has major sleep issues as she is up coughing and smoking all night in a small small 1 1/2 bedroom house.

    Anyway this time she asked to stay I very politely asked if just for now she could find somewhere else as I'm about to start the process with my daughter at the sleep school ngala and I can't have any interruptions to her routine to start with as I have another baby on the way and I need her sleeping.

    She then rang my partner and exploded and said we have to 730 to think about what you want to do Coz your fat b***h of a partner said I can't stay they're and I'm gonna take you to court for that money so we better get a loan. Then she messaged me saying I hope you enjoy poverty sweet heart.

    The only paper work regarding the loan we signed was to state we allow a direct debit to come from our account.

    Sorry about the long post

    Any help would be greatly appreciated

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    Default Re: Anyone a lawyer?

    Bump

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    Default Anyone a lawyer?

    I think you need to speak to a community legal centre or the like - without paperwork setting out your agreement and the terms of repayment it sounds like it could get quite messy quite fast.
    Why does she come and stay with you? I'd be putting my foot down on the smoking at your house...... Thats not on.

  4. #4
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    Default Re: Anyone a lawyer?

    She works away and she lives with friends and such she meets at work then she starts fighting with them and she doesn't want to pay rent so she wants to come stay with us

  5. #5
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    What terms of repayment did you all agree to?

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    Default Anyone a lawyer?

    It will come down to what was actually agreed between you. With no documentation it will be a he-said, she-said matter. If it ever went to court it would come down to whose story is believed.

    I'd suggest letting your mil calm down, and then coming to an agreement about how the loan is going to be repaid, writing it down in detail and all parties signing it.

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    Default Re: Anyone a lawyer?

    Its through a bank over a ten year term at 153 per week which she signed we didn't need to but its direct debited every week from our account

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    If she is too tight to pay rent, there is no way she will pay to go to court. That being said, I think it would be important for you to pay the loan back asap and be rid of her toxic influence.

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    meesha87  (11-02-2013)

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    Default Re: Anyone a lawyer?

    I agree with baby cake. It is probably an empty threat as court cases are expensive.

    However she did loan you $50000, which is a huge amount of money. I think you owe it to her to have a proper sit down discussion about why she can't stay with you at the moment.

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    I just did the math and $50k over 10 years at $153 per week is just over 10% interest, which is quite hefty, so I dont think she is really doing you any favours. (Yes it is a lower interest than a personal loan, credit card, or car loan, but it is a higher interest than a home loan or term deposit.)

    If you do look at paying it off early, I hope that you wont have to pay the full $79,560 agreed (which is 520 x $153).
    Last edited by sweetseven; 11-02-2013 at 21:59.


 

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