User Tools

Site Tools


legal:gift_vs_loan

Legal - Gift vs Loan

The legal definition of a gift is “the voluntary transfer of property from one individual to another made gratuitously to the recipient”. 'The individual who makes the gift is known as the 'Donor' and the individual to whom the gift is made is called the 'Donee'.

'The word 'gratuitously' means that the 'Donor' of the gift must be happy at the date they made the gift that they made it without receiving anything in return.

The Donor however may say that they were expecting to receive something in return. They must make their case in that regard but your reply to that would be that whilst you were together the Donor was receiving your love and affection and it is on that basis he was happy to make a gift to you gratuitously.

'In the absence of any written or oral agreement (such a loan agreement or other documentation such as emails, voicemails or texts), no court in the land would entertain a claim by your former boyfriend for him to be repaid with regard to the gifts which he made to you.

'It is perfectly normal for a boyfriend to give gifts to his girlfriend and the law would not support a former boyfriend seeking monetary compensation for those gifts after the relationship has ended.

Monies which the Donor transferred into your account may also be considered a gift from them unless there is any evidence to the contrary.

Cash can also be transferred as a gift and so for a person to claim that the cash was a loan there still needs to be evidence to that effect.

'Unless it was agreed between you that the money was transferred as a loan and there is some evidence to that effect then the Donor would not be successful in bringing a claim against you for the money to be repaid.

Recommendation is to write back to the Donor to say there is no evidence that any of the items or cash which they transferred to you were done so on any basis other than them being absolute gifts and that he had no claim for repayment.

'Also ask them to stop contacting you and tell them if they continue to contact you then it amounts to a potential criminal offence of harassment.

'The legal definition of harassment is “the act of systematic and/or continued, unwanted and annoying actions of one party or a group including threats or demands”.

'It is a specific offence under the Administration of Justice Act 1970 to harass a person with demands for a payment that are calculated to subject that person to alarm, distress or humiliation.

It would not cost you anything to make a report to the police and hopefully it would resolve the situation promptly.

legal/gift_vs_loan.txt · Last modified: 2020/07/15 10:30 by 127.0.0.1

Donate Powered by PHP Valid HTML5 Valid CSS Driven by DokuWiki