A British Columbia mother borrowed money to help her daughter buy a car but was owed money and the court battle turned out to be a dramatic affair.
A mother in British Columbia has taken legal action against her daughter and her boyfriend to recover $3,500 she lent them and has accused them of smashing a television set. According to the BC Civil Resolution Tribunal (CRT) ruling, the mother (the plaintiff) lent her daughter (the defendant) and her boyfriend $3,500.
The mother told the court that her daughter had not repaid the loan. During the court hearing, the daughter admitted that her mother had indeed lent her the money, but that she had already repaid part of it. Both parties agreed that the mother lent her daughter 3,500 to help her buy a car.
Since there was no written contract, the arbitration tribunal determined that there was an oral agreement between the parties. The mother said the young couple agreed to pay off the loan in monthly installments of 500 yuan, but she has only received 280 so far. However, the court ruling stated, “The defendant claimed that he had repaid 1,897 and provided a payment list recorded in the phone’s memo application.”
The arbitration tribunal had reservations about this document because the list “did not provide any transaction confirmation numbers, nor did the defendant provide other evidence, such as bank records, to prove that these payments actually occurred.” “In addition, the list also includes some items marked ‘A&W/Starbucks’ and ‘Mom owes me money.’ This indicates that not all items on the list are for paying off the $3,500 car loan.” The court stated that the evidence provided by the daughter in the memo app was insufficient to prove that she had paid the $1,897 loan.
The mother also accused her daughter of breaking a television set, for which the daughter and her boyfriend agreed to pay $1,300 but failed to do so. The arbitration tribunal dismissed the accusation due to insufficient evidence. Furthermore, the mother had another accusation, claiming that she lent her daughter 300 for her birthday party, but the daughter did not repay it, which was also dismissed by the court. The arbitral tribunal concluded: ”
Based on the above reasons, I rule that the defendant must pay the plaintiff 3,220 for the loan. This amount is 3,500, minus the 280 already paid.” After deducting the arbitration tribunal’s fees, the daughter must repay her mother 3,521.26 within 30 days of the ruling.
