
A B.C. mother took legal action against her daughter and her daughter’s boyfriend in hopes of getting a $3,500 loan repayment back and for allegedly breaking a TV.
According to the BC Civil Resolution Dispute, the mom and applicant in the dispute lent her daughter (the respondent) and her boyfriend $3,500.
The B.C. mother told the tribunal that her daughter had not repaid the loan.
In the dispute decision, the daughter agreed that her mom lent her the money, but that she did pay a portion of it back.
It is undisputed that the mom lent the daughter $3,500 to help her purchase a vehicle. There was no written contract, so the tribunal determined that both parties had a verbal agreement.
The mom said that both her daughter and her daughter’s boyfriend agreed to pay the loan back in monthly installments of $500, adding that so far she’d only received $280 total.
“The respondent says she has paid $1,897 towards the loan. She provided a list of payments, written in a Notes application on a cell phone. I place limited weight on this document. The list does not provide any transaction confirmation numbers, and the respondent provided no other evidence such as bank records to confirm the payments actually occurred,” the tribunal decision reads.
“Also, the list includes payments for things identified as ‘A&W/Starbucks’ and ‘mom owed me.’ This indicates that not all the listed items were payments on the $3,500 vehicle loan,” the decision adds.
The tribunal said that the daughter’s evidence in the Notes app didn’t prove she paid $1,897 towards the loan.
The mom made another claim against her daughter, suggesting she broke a television, and that the daughter and her boyfriend agreed to pay $1,300 to replace it, but didn’t do so. The tribunal dismissed this claim over a lack of evidence.
There was one additional claim the mom made that was dismissed, where she claimed she lent her daughter $300 for a birthday party that wasn’t returned.
“For the reasons set out above, I find the respondent must pay the applicant $3,220 towards the loan. This is $3,500 minus the acknowledged payment of $280,” the tribunal said.
After factoring in tribunal fees, the daughter was forced to pay her mom $3,521.26 within 30 days of the decision.