Daughter with disputed loan from parents speaks out

Marian Warin and husband Trevor took their daughter to court over unpaid loans of more than $360,000. Photo/Facebook
Marian Warin and husband Trevor took their daughter to court over unpaid loans of more than $360,000. Photo/Facebook

The woman taken to court by her parents over an unpaid debt is considering an appeal, in the wake of widespread publicity about the disputed $368,000 loan.

Elderly Tauranga couple Trevor and Marian Warin took their daughter Colleen Warin, a chartered accountant, to the High Court in Wellington over the outstanding debt.

In a Facebook post, angry mother Marian Warin said she had "slaved picking tomatoes and worked all my life" for her money.

"My daughter Colleen told me after taking our money that 'I am not her mother'."

On Thursday morning, Colleen Warin's lawyer James McLennan told the Herald there was still time to appeal the judgment and that she never denied the money would need to be repaid.

"The only dispute is over when they were repayable. Colleen is disappointed with the judge's decision, and the time for Colleen to appeal the judgment has yet to expire at this time," he said.

"Colleen would like it known that the loans arise primarily out of the circumstances following the breakup of her marriage and that she is supporting a child."

In an earlier Facebook post on the day of the decision, Marian Warin trumpeted the fact that they had won, telling her daughter to "get a job and earn your own money".

"Please respect me and do not ask for any money off your parents or grandparents," she wrote.

"You know who you are that have borrowed off us and have all these excuses as to why you [can't] hold a job down and can't pay your loans.

"You need to get jobs and borrow off the bank like normal people. Trevor and I are not a bank."

In the High Court decision the Warins said they lent their daughter $367,903.90 plus interest but she had failed to meet demands for repayments made on May 3, 2012 and August 7, 2015.

They first transferred her part of their property for a debt of $100,000. Later they lent her more than $141,000 to cover a GST liability she could not pay after the sale of part of the property. On top of those they lent their daughter more than $126,000 by way of 23 separate advances between 2010 and 2014.

Colleen Warin did not deny she received the money as a loan but argued the loans were not repayable on demand and that, even if they were, no valid demands had been made for repayment.

The judge found in favour of Trevor and Marian Warin and agreed to add interest of 5 per cent to the debt from September 7, 2015 to the date of the judgement.

Ms Warin posted "people need to be aware even of their own children".

Parents who lend to their children would also be advised to get the terms in writing.

- NZ Herald

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