On Wed, 28 Jan 2004 00:09:32 +0000, Bob Brenchley
Post by Bob Brenchley. Post by Robbie Post by steve robinson
so that debt of £300 soon becomes £400 or £500 or more
a ccj will cause you no end of hassle if you want credit , mortgage etc you
will end up paying way over the odds
Indeed, get a CCJ at a young age and the OP will be stuffed until his mid-20s
for getting any decent credit.
To the OP: if the parents are paying the person £50 a month, can't they just
give him £300 to pay off the debt, get it out the way and then the person can
get on with the task of looking for a job without the threat of legal action
hanging over his head? And of course, earn enough to repay his parents!
There is no need. He is taking the responsible way out of his debts
and can only be commended for doing so.
There is no danger of a CCJ, or any court costs, as long as he makes a
regular payment. In this case anything above £30 will be more than a
court would order, so the court would kick the claim out.
You recently asked in uk.net.news.config for an example of where you
have given incorrect legal advice, and this is one such instance.
Companies can, and do, instigate County Court proceedings in
circumstances where debtors are making regular payments to creditors
which said creditors deem to be unacceptable; the original poster
stated that the creditor company are seeking a regular payment of
£70 per month in order to avoid the necessity for further action,
and it is likely that they may stick to that course, whether their
debtor is making regular payments of a lesser sum or otherwise.
It is also entirely incorrect to state that a County Court District
Judge would "kick out" a claim simply on the basis that a debtor
were making regular payments. If a debtor has defaulted on a loan or
credit agreement of whatever type and is unable to meet its originally
agreed terms, an action in the County Court by said creditor in lieu
of an amicably agreed settlement (and said creditor is entirely within
their rights to insist on full repayment if an agreement is in default,
if provided for in the original contract) is almost certain to succeed.
A District Judge may rule that the debtor's offer of a lower (than
the creditor would ideally like) monthly or periodic repayment should
be accepted as (at least initial) payment of the Judgement debt,
but a Judgement would almost certainly be issued.
[uk.net.news.config added, FU's set back to uk.legal]