Law suit - Scotland while living in Canada

[5scot6]

Late 2010 I met an old female friend of mine who was going through a divorce (we hadn't met for around 30 years) and she decided that she wanted to come out to Canada from the UK to get a way from everything. Without much consultation with me she arrived and stayed for five weeks. At that time I was moving into a new apartment of my own and was about to purchase furniture on a rent to own basis. My 'friend' went out and bought a whole set of furniture and fittings against my wishes.

 

Over time she has insisted on me repaying the money back that she spent of the F&F. I told her often that I would sell and send her whatever I got as a result of the sale. Each time she insisted that I don't sell and agreed that I should make monthly payments to her Barclaycard. I made one payment which was rejected by her as she is now re- marrying and is demanding that I send her a lump sum in the amount of $20K (could be GBP - not sure) which I do not have.

 

She is threatening legal action to get her money back but my stance is that as she has said often 'I own everything in the apartment' and therefore the F&F are hers to sell and recoup some of what she spent on the items. It's not like I have sold the items for any profit -they are still in the apartment, they belong to her and I really want 'her property' out of here.

 

She willingly paid for me to fly to Scotland not long after we connected in 2010. When she asked me to come over I replied 'no' as I didn't have the funds to do so at the time but she insisted on paying to fly me over so that we could meet. She did send two money transfers for approx $2800 (rent payments) which I have continuously agreed that I should repay.

 

The 20k she claims is my debt to her includes the furniture, the two rent payments, flights and hotels amongst other undefined items.

 

Now she is threatening to sue for repayment.

 

If she files/sues in the Scottish court would I be required to hire a Scottish lawyer and fly to Scotland to fight the case or would the case be heard in Canada?

I believe there maybe a 'jurisdiction' issue with me not being a UK resident and have also heard that she cannot sue someone in Canada through the Scottish court.

 

She has been silent for over two months but today she indicated by text that she had a lawyer and the DSS (didn't think that department existed any longer)chasing me through my parents.

She also claims to have contacted a Canadian DCA to try and recover what she perceives as my debt to her.

 

What can the Canadian DCA do if as she says they have been hired to in an attempt to recover the 'debt'?

 

My apologies for the long-winded post but I wanted to relay the facts as accurately as possible.

 

Any comments or advice would be appreciated.

 

Thank you.

 

5scot6

[sir_gilmour]

5scot6 welcome to The Consumer Action Group community.

 

You haven't received any replies to your problem yet so you might be better off posting your story again directly in the sub-forum which deals with your kind of situation. You will get lots of support there.

 

Also, spend some time looking round the forum. Once you understand the layout, you will be able to get best use from this Consumer Community. It is a big forumm and may take some time. But it will be worth doing.

Good luck.

[citizenB]

Your query has been moved to the overseas forums, where you should receive some help soon

[citizenB]

What is the DSS ?

 

Your parents are not responsible for your debts and if they are harrassed in any way by this woman or her representatives then they can seek action of their own against her.

 

Your thread has been flagged for those who have more knowledge..

[unclebulgaria67]

Your female friend is a complete nut case. There is no basis in law for her to sue you anywhere in the world. She would need to be able to evidence that there was a contract between you, for her to buy the things mentioned and for you to repay her. Without any legal contract, any money or goods that she gave you, were simply 'gifted' and any payments you made to her would be voluntary.

 

If she wants the furniture and fittings back that she gifted to you, then let her arrange this. But if they have been in your possession for the relevant qualifying period in Canada, the items will be yours to do with as you wish. There is no legal reason to offer these back to her.

 

I would suggest that you write back saying that in view of her recent communications, you do not wish to stay in contact with her and feel that your friendship has been spoiled, as a result of gifts that she had made to you, which were now being recalled by her. Explain that you are not in a position to help her in regard to the kind gifts that she made to you.

 

As for the rantings in here emails to you, they are nonsense. No lawyer or debt collector would wish to deal with this for her, unless she could evidence a legal contract between you.

[cerberusalert]

She can't sue you in Scotland as you are not a resident & a Scottish court does not have jurisdiction, she would have to do it in Canada & even then would need to produce evidence that any monies she paid was not a gift. So unless she has some form of written evidence such as an agreement between you she is on a definite loser.

[5scot6]

Your female friend is a complete nut case. There is no basis in law for her to sue you anywhere in the world. She would need to be able to evidence that there was a contract between you, for her to buy the things mentioned and for you to repay her. Without any legal contract, any money or goods that she gave you, were simply 'gifted' and any payments you made to her would be voluntary.

 

If she wants the furniture and fittings back that she gifted to you, then let her arrange this. But if they have been in your possession for the relevant qualifying period in Canada, the items will be yours to do with as you wish. There is no legal reason to offer these back to her.

 

I would suggest that you write back saying that in view of her recent communications, you do not wish to stay in contact with her and feel that your friendship has been spoiled, as a result of gifts that she had made to you, which were now being recalled by her. Explain that you are not in a position to help her in regard to the kind gifts that she made to you.

 

As for the rantings in here emails to you, they are nonsense. No lawyer or debt collector would wish to deal with this for her, unless she could evidence a legal contract between you.

 

unclebulgaria67

 

Thank you for your response.

 

Your first sentence certainly reaffirms my sentiments on the matter.

 

Everything you have stated falls in line with my own thoughts on the matter and are also in line with some legal advice that I took from on-line lawyers both here in Canada and in Scotland.

 

There is no legal contract and the regarding the purchase of the furniture and any repayment of the money spent on the items the same as is there is no contract regarding the two payments that were made in respect of rent.

 

The purchase of the furniture and the sending of the rental payments took place prior to and in November of 2010.

In Ontario, the SOL is two years subsequent to the clock being reset.

It would appear as you have suggested that time may have run out on her.

 

I did as explained in my initial posting send one payment of $200 to her (as she had requested) for the furniture which she didn't accept so I'm unsure if that would be grounds for resetting the clock.

 

Taking the SOL aside I believe that she has no case with which to move forward on and that the 'threat' of having a Canadian DCA come after me is only that - a threat.

 

Again your views would be much appreciated.

[5scot6]

cerberusalert

 

Thank you for your response, again it's much appreciated.

 

Your response falls in line with the advice I was given from a Scottish lawyer.

The only thing he had to say was that if she did really want to go ahead and bring an action against me in the Scottish court then I'd have to agree to Scotland being the place of jurisdiction - and of course there's no way I'd agree to that!

 

As stated in my response to unclebulgaria67 - there are no written agreements - so I'd like to think that as you commented that she is on losing path with any action she may try to bring and enforce.

[cerberusalert]

She comes across to me as some kind of control freak who inveigles herself into 'friendship' and attempts to 'buy' attention. Personally I would ignore her bull & bluster because no doubt she'll move on to another victim sooner rather than later.

[5scot6]

I am impressed with your 'vision' as regards the type of person she is.

Your comments are right on the mark.

 

After returning to the UK after the weeks she spent in Canada she eventually found a guy that was going to move in with her into a new house that she had bought after her divorce agreement was finalised.

The guy bailed out a few days before they were due to move in but during the early days of their relationship she 'bought' him a car.

 

Last I heard she was chasing him with the intention of filing a law suit to reclaim the car.

 

Thanks again.

[stu007]

Hi

 

From what you have stated IMO she would have a very hard time proving it was not "Gifted" and another angle if she continues is how much does storage cost a day and how long has it been in your apartment mmm bloody big storages cost she will have.

 

I would also look at the harassment laws at your end in Canada as well.

 

I would also refrain for any correspondence with her whether by telephone (you dont know if she is recording the call) or written correspondence from her (if you respond in writing agreeing to something she may use that)or by email (she will keep copies).

 

Wonder when she will come back to earth

Edited December 17, 2012 by stu007