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Geplaatst: vr 15 apr 2016 18:33 Onderwerp: Money from a boyfriend- tricky issue- please advise |
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Hello,
because I do not know dutch law, I would like to ask anyone of you for advise.
In January my boyfriend gave me the money for the debts I had from the past. Amount 7500 euro.
In that moment everything was fine between us and he didnt consider that as a loan, just simple gift from which i needed to pay a tax already in Poland.
Even his bank transfer had in title simple "ass", instead of writing loan or similar.
Right now when we broke up he expects from me to give you that money immediately, and threat with lawyers and court.
First of all there was no loan, he changed his mind,because it was easier to him.
Secondly we created (in polish) a loan contract just to give to Tax Office in Poland, to have it clear and in line with a law. In this contract was only stated who is a party in it, what amount, and information that when i would start a job i would pay him monthly installments (no exact day of the month, neither sum of monthly installment). Contract was only signed by him. Not me.
Thirdly, I had a job in march, so monthly installment in march was paid.
Rest not.
In now moment he not only reports to that polish contract, but also he uses a services of non-lawyer who is writing me some "official" documents about new proposal of contract and who sings himself as a lawyer. Thing is that "lawyer" sends this papers via hotmail box, and letter I got was without any name of lawyer company, address, not even on official company letter. Simple word file.
Neverthless in this letter they give me some conditions i should follow till 30.4. If i would not react on that letter and not pay money (which i dont have, cause i dont have a job) they would send the matter to court and i will pay some fees of that....
My question is:
- is it fine that he defines his needs after clear giving a money?, first giving a money, after few months settlements
- is it valid this polish contract where only his signature is, without mine?
- is it in line with law that some person who is naming herself lawyer pretend a lawyer and threat me, giving some conditions?
-what is the value of such a fake letter? sent via email and ordinary post without confirmation of delivery
- despite the conscience issues (i would pay it when i would have possibility), what are my rights here and what are his rights?
I want to add that the amounts they put as a suggestion are something that i cannot afford. And i dont think that i would afford even having a job, cause i came back to poland where all of these economic situations are different.
Please advise |
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bona fides
Geslacht:
Studieomgeving (BA): UL Studieomgeving (MA): UL Berichten: 22889
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Geplaatst: za 16 apr 2016 0:32 Onderwerp: Re: Money from a boyfriend- tricky issue- please advise |
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kingkinga schreef: | My question is:
- is it fine that he defines his needs after clear giving a money?, first giving a money, after few months settlements |
Maybe you did not sign the contract, but you(?) gave it to the tax office, so it seems difficult to argue that that contract is only meant to deceive the tax office. Plus, you paid an installment in March. That might be sufficient for him to prove that he gave you the money as a loan.
Quote: | - is it valid this polish contract where only his signature is, without mine? |
At least according to Dutch law, and probably also according to Polish law, there does not even need to be a written contract for there to be a legally binding agreement. In this case there is a written contract and he might well be able to prove (to the satisfaction of the judge) that you agreed to it.
Even if this piece of paper did not exist, it would probably be up to you to prove that the money was given as a gift. Normally people don't just give away 7500 euro to pay someone else's debt. If nothing can be proven, then a judge would probably assume it is a loan.
I don't know what "ass" means. Assistance? Or something in Polish?
Quote: | - is it in line with law that some person who is naming herself lawyer pretend a lawyer and threat me, giving some conditions? |
Anyone can act as a legal adviser.
Quote: | -what is the value of such a fake letter? sent via email and ordinary post without confirmation of delivery |
What is the value of a letter from a real lawyer? The letter informs you of whatever is written in the letter. Whether he himself sends it, or a "fake" legal adviser, or a real lawyer, that does not really matter.
Quote: | - despite the conscience issues (i would pay it when i would have possibility), what are my rights here and what are his rights? |
If the contract is valid, then you are both bound by the contract.
Quote: | I want to add that the amounts they put as a suggestion are something that i cannot afford. And i dont think that i would afford even having a job, cause i came back to poland where all of these economic situations are different. |
It seems best to try to agree on a reasonable repayment scheme. _________________ Hanc marginis exiguitas non caperet. |
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kingkinga
Leeftijd: 37 Geslacht: Sterrenbeeld:
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Geplaatst: za 16 apr 2016 10:04 Onderwerp: |
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Ok. We have a contract that was submitted to the polish tax office. Valid even from that reason. What is stated there can or is something i decided myself upon. And he as well.
But what with now situation when he demands some new conditions, new rules? Does it mean that old contract is not valid anymore? |
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bona fides
Geslacht:
Studieomgeving (BA): UL Studieomgeving (MA): UL Berichten: 22889
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Geplaatst: za 16 apr 2016 18:31 Onderwerp: |
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kingkinga schreef: | Ok. We have a contract that was submitted to the polish tax office. Valid even from that reason. What is stated there can or is something i decided myself upon. And he as well.
But what with now situation when he demands some new conditions, new rules? Does it mean that old contract is not valid anymore? |
In principle the old contract is still valid.
It could be that the contract states that if this or that happens (e.g. you moving back to Poland), repayment of the full loan may be requested at once. Of course I don't know what is in the contract.
Since I don't know all the details I can only speculate, but I am guessing that your ex boyfriend is afraid that, now you've moved back to Poland, he is not going to see back any of the money. That might be why he is now threatening you with lawyers and law suits. If you can convince him that you really intend to pay him back as soon as is reasonably possible in your situation, then he might calm down. But again, I am not in a position where I can read his mind.
It does not really make sense for him to sue you in court if you don't have the money anyway. But if you accept that you have to pay him back at some point in time, then it seems best to try to agree on something that is acceptable to you both. Maybe you can already make a small payment to show that you are serious, for example. Of course make sure that you will be able to prove later how much you have repaid. _________________ Hanc marginis exiguitas non caperet. |
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kingkinga
Leeftijd: 37 Geslacht: Sterrenbeeld:
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Geplaatst: zo 17 apr 2016 8:46 Onderwerp: |
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Thank you very much for your help. |
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