Debt advice

[Simon Finnigan]

Hi everyone,
just a quick qeustion for a friend. Basically they owe a company slightly
over £300, and are currently unable to pay the full amount off. They have
an income of £50 a month, and they are currently looking for a job They`ve
contacted the company they owe the money to, offering to make monthly
payments of £50 per month until the debt is paid off. The company have
turned round and demanded at least £70 a month.

What is the situation here? They can`t afford to pay any more than £50 a
month unless they find a job (and they ARE looking). The offer was made
verbally today. I`ve suggested they write to the company recorded delivery
making their offer again, and then send a cheque for £50 each month to the
company to show good faith. Is this the best advice do you think?

The person is not interested in trying to weasel out of paying the debt,
they want to pay it off, but they just can`t afford to do it in one lump sum
right now.

Any help would be greatfully received.

Thanks!

[NorwichLad]

Post by Simon Finnigan
Hi everyone,
just a quick qeustion for a friend. Basically they owe a company slightly
over £300, and are currently unable to pay the full amount off. They have
an income of £50 a month, and they are currently looking for a job

They`ve

Post by Simon Finnigan
contacted the company they owe the money to, offering to make monthly
payments of £50 per month until the debt is paid off. The company have
turned round and demanded at least £70 a month.
What is the situation here? They can`t afford to pay any more than £50 a
month unless they find a job (and they ARE looking). The offer was made
verbally today. I`ve suggested they write to the company recorded delivery
making their offer again, and then send a cheque for £50 each month to the
company to show good faith. Is this the best advice do you think?
The person is not interested in trying to weasel out of paying the debt,
they want to pay it off, but they just can`t afford to do it in one lump sum
right now.

If your friend doesn't object to a CCJ - then he should tell the company he
owes it to, to take him to court. You can't be made bankrupt for £300, so
the county court will ask the debtor to tell them how much he can pay. He
should also submit a statement of his finances, to prove how much he earns
and has left over - and the court will decide if he can make the payment he
has suggested or not.

[Simon Finnigan]

Post by NorwichLad

Post by Simon Finnigan
Hi everyone,
just a quick qeustion for a friend. Basically they owe a company
slightly over £300, and are currently unable to pay the full amount
off. They have an income of £50 a month, and they are currently
looking for a job They`ve contacted the company they owe the money
to, offering to make monthly payments of £50 per month until the
debt is paid off. The company have turned round and demanded at
least £70 a month.
What is the situation here? They can`t afford to pay any more than
£50 a month unless they find a job (and they ARE looking). The
offer was made verbally today. I`ve suggested they write to the
company recorded delivery making their offer again, and then send a
cheque for £50 each month to the company to show good faith. Is
this the best advice do you think?
The person is not interested in trying to weasel out of paying the
debt, they want to pay it off, but they just can`t afford to do it
in one lump sum right now.

If your friend doesn't object to a CCJ - then he should tell the
company he owes it to, to take him to court. You can't be made
bankrupt for £300, so the county court will ask the debtor to tell
them how much he can pay. He should also submit a statement of his
finances, to prove how much he earns and has left over - and the
court will decide if he can make the payment he has suggested or not.

They`d rather not get a CCJ, certainly not for a piddling £300 :-) They
HAVE no job, live at home etc, the only income is from their parents, the
£50 a month.

[j***@junk.com]

On Mon, 26 Jan 2004 18:21:07 -0000, "Simon Finnigan"

Post by Simon Finnigan
They`d rather not get a CCJ, certainly not for a piddling £300 :-) They
HAVE no job, live at home etc, the only income is from their parents, the
£50 a month.

If the parents wish to avoid having there own credit records tarnished by this,
they should complete a notice of disassociation
<URL:http://groups.google.co.uk/groups?hl=en&lr=&ie=UTF-8&threadm=4015bf47%240%2423464%24cc9e4d1f%40news.dial.pipex.com&rnum=1&prev=/groups%3Fhl%3Den%26lr%3D%26ie%3DISO-8859-1%26q%3D%2522Debt%2Bof%2Bson%2522%26meta%3Dgroup%253Duk.legal>

Daytona

[Gordon Brown]

Post by NorwichLad
If your friend doesn't object to a CCJ - then he should tell the company he
owes it to, to take him to court. You can't be made bankrupt for £300, so
the county court will ask the debtor to tell them how much he can pay. He
should also submit a statement of his finances, to prove how much he earns
and has left over - and the court will decide if he can make the payment he
has suggested or not.

Or his friend could seek advise at the local citizens advise burea. They
should be used to dealing with this kind of matters.

[steve robinson]

Post by Simon Finnigan

Post by Simon Finnigan
Hi everyone,
just a quick qeustion for a friend. Basically they owe a company slightly
over £300, and are currently unable to pay the full amount off. They have
an income of £50 a month, and they are currently looking for a job

They`ve

Post by Simon Finnigan
contacted the company they owe the money to, offering to make monthly
payments of £50 per month until the debt is paid off. The company have
turned round and demanded at least £70 a month.
What is the situation here? They can`t afford to pay any more than £50 a
month unless they find a job (and they ARE looking). The offer was made
verbally today. I`ve suggested they write to the company recorded

delivery

Post by Simon Finnigan
making their offer again, and then send a cheque for £50 each month to the
company to show good faith. Is this the best advice do you think?
The person is not interested in trying to weasel out of paying the debt,
they want to pay it off, but they just can`t afford to do it in one lump

sum

Post by Simon Finnigan
right now.

If your friend doesn't object to a CCJ - then he should tell the company he
owes it to, to take him to court. You can't be made bankrupt for £300, so
the county court will ask the debtor to tell them how much he can pay. He
should also submit a statement of his finances, to prove how much he earns
and has left over - and the court will decide if he can make the payment he
has suggested or not.
not particularly good advice , the company may well send it to a debt

collection agency that will spike up the costs considerably also with the
court costs which are allowable ( cost of action ,bailiffs , etc) more
added cost

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

[Robbie]

Date: 26/01/04 19:39 GMT Standard Time

Post by Simon Finnigan

Post by Simon Finnigan
Hi everyone,
just a quick qeustion for a friend. Basically they owe a company

slightly

Post by Simon Finnigan

Post by Simon Finnigan
over £300, and are currently unable to pay the full amount off. They

have

Post by Simon Finnigan

Post by Simon Finnigan
an income of £50 a month, and they are currently looking for a job

They`ve

Post by Simon Finnigan
contacted the company they owe the money to, offering to make monthly
payments of £50 per month until the debt is paid off. The company have
turned round and demanded at least £70 a month.
What is the situation here? They can`t afford to pay any more than £50

a

Post by Simon Finnigan

Post by Simon Finnigan
month unless they find a job (and they ARE looking). The offer was made
verbally today. I`ve suggested they write to the company recorded

delivery

Post by Simon Finnigan
making their offer again, and then send a cheque for £50 each month to

the

Post by Simon Finnigan

Post by Simon Finnigan
company to show good faith. Is this the best advice do you think?
The person is not interested in trying to weasel out of paying the debt,
they want to pay it off, but they just can`t afford to do it in one lump

sum

Post by Simon Finnigan
right now.

If your friend doesn't object to a CCJ - then he should tell the company

he

Post by Simon Finnigan
owes it to, to take him to court. You can't be made bankrupt for £300, so
the county court will ask the debtor to tell them how much he can pay. He
should also submit a statement of his finances, to prove how much he earns
and has left over - and the court will decide if he can make the payment

he

Post by Simon Finnigan
has suggested or not.
not particularly good advice , the company may well send it to a debt

collection agency that will spike up the costs considerably also with the
court costs which are allowable ( cost of action ,bailiffs , etc) more
added cost
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!

Robbie


To reply by e-mail REMOVE the obvious!

[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!
Robbie

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.

[Anthony Edwards]

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!
Robbie

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]

[Bob Brenchley.]

On Wed, 28 Jan 2004 00:26:45 -0000, Anthony Edwards

Post by Anthony Edwards
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!
Robbie

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.

No it is not.

Post by Anthony Edwards
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.

The can instigate all they like, given the case were are talking about
there is no way they will get a CCJ - the amount offered is well above
the amount a court would order and therefore a judge will not issue a
CCJ and may well award costs to the defendant.

Post by Anthony Edwards
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.

That is NOT the claim made. The court will kick out a claim if the
payments are reasonable for the income of the defendant and already
above those that the court can order.

Post by Anthony Edwards
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.

No it is not. Courts do not kick someone who is already making
payments above those that the court could reasonable set.

Post by Anthony Edwards
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.

No it would not. And I am not the only one pointing out that fact.

Post by Anthony Edwards
[uk.net.news.config added, FU's set back to uk.legal]

[Benedict White]

Post by Bob Brenchley.
On Wed, 28 Jan 2004 00:26:45 -0000, Anthony Edwards

Post by Anthony Edwards
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!
Robbie

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.

No it is not.

Post by Anthony Edwards
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.

The can instigate all they like, given the case were are talking about
there is no way they will get a CCJ - the amount offered is well above
the amount a court would order and therefore a judge will not issue a
CCJ and may well award costs to the defendant.

Post by Anthony Edwards
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.

That is NOT the claim made. The court will kick out a claim if the
payments are reasonable for the income of the defendant and already
above those that the court can order.

Do you have a reference for that?

As I understand it the creditor can go to court, and get a judgement, but then when
the court finds that the offer of instalments made is higher than it would award may
well award costs against the creditor and may also take the view that they are being
unreasonable ( though that is a shot in the dark) and consequently the creditor will
not only have to wait months to get to court by which time large parts of the debt
will be paid off, they will get some costs against them which will help clear the
rest of the debt, and then if the debt is cleared within 14 days of order, there is
no CCJ registered.

But please note that as far as I can tell, the creditor is entitled to go to court,
and will get (assuming they have the evidence to prove the debt, and an agreement to
pay it looks like evidence to me) judgement in their favour. The problem they will
have is that the victory will be pointless, they will loose out financially in terms
of costs and will achieve nothing.

Kind regards


--
Benedict White
Is there any need to add insulting signatures?

[Bob Brenchley.]

On Wed, 28 Jan 2004 11:02:27 +0000, Benedict White

Post by Benedict White
But please note that as far as I can tell, the creditor is entitled to go to court,

Anyone is entitled to go to court.

Post by Benedict White
and will get (assuming they have the evidence to prove the debt, and an agreement to
pay it looks like evidence to me) judgement in their favour.The problem they will
have is that the victory will be pointless, they will loose out financially in terms
of costs and will achieve nothing.
Kind regards

I refer you to answers already given.

[Benedict White]

Post by Bob Brenchley.
On Wed, 28 Jan 2004 11:02:27 +0000, Benedict White

Post by Benedict White
But please note that as far as I can tell, the creditor is entitled to go to court,

Anyone is entitled to go to court.

Post by Benedict White
and will get (assuming they have the evidence to prove the debt, and an agreement to
pay it looks like evidence to me) judgement in their favour.The problem they will
have is that the victory will be pointless, they will loose out financially in terms
of costs and will achieve nothing.
Kind regards

I refer you to answers already given.

I see. There is no reference there to the rules or law that would back your claim.

Kind regards


--
Benedict White

[Bob Brenchley.]

On Wed, 28 Jan 2004 14:21:01 +0000, Benedict White

Post by Benedict White

Post by Bob Brenchley.
On Wed, 28 Jan 2004 11:02:27 +0000, Benedict White

Post by Benedict White
But please note that as far as I can tell, the creditor is entitled to go to court,

Anyone is entitled to go to court.

Post by Benedict White
and will get (assuming they have the evidence to prove the debt, and an agreement to
pay it looks like evidence to me) judgement in their favour.The problem they will
have is that the victory will be pointless, they will loose out financially in terms
of costs and will achieve nothing.
Kind regards

I refer you to answers already given.

I see. There is no reference there to the rules or law that would back your claim.

I'll just work from experience on this one.

[Benedict White]

Post by Bob Brenchley.

Post by Benedict White

Post by Bob Brenchley.
I refer you to answers already given.

I see. There is no reference there to the rules or law that would back your claim.

I'll just work from experience on this one.

I see. Well, I would agree a judge is likely to be very unhappy about it, but I can't see
him refusing to give judgement.

Post by Bob Brenchley.
--
Bob.
If brains were taxed, you would get a rebate.

Is there any need for insults?

Kind regards

--
Benedict White

[Bob Brenchley.]

On Wed, 28 Jan 2004 17:46:03 +0000, Benedict White

Post by Benedict White

Post by Bob Brenchley.

Post by Benedict White

Post by Bob Brenchley.
I refer you to answers already given.

I see. There is no reference there to the rules or law that would back your claim.

I'll just work from experience on this one.

I see. Well, I would agree a judge is likely to be very unhappy about it, but I can't see
him refusing to give judgement.

I can, and have.

[Richard]

Post by Bob Brenchley.
On Wed, 28 Jan 2004 17:46:03 +0000, Benedict White

Post by Benedict White

Post by Bob Brenchley.

Post by Benedict White

Post by Bob Brenchley.
I refer you to answers already given.

I see. There is no reference there to the rules or law that would back your claim.

I'll just work from experience on this one.

I see. Well, I would agree a judge is likely to be very unhappy about it, but I can't see
him refusing to give judgement.

I can, and have.

Ahh you have seen a judge throw a similar case out? Was it the same in
general circumstances to the o/p? and there were no material
differences?

Richard

[Bob Brenchley.]

Post by Richard

Post by Bob Brenchley.
On Wed, 28 Jan 2004 17:46:03 +0000, Benedict White

Post by Benedict White

Post by Bob Brenchley.

Post by Benedict White

Post by Bob Brenchley.
I refer you to answers already given.

I see. There is no reference there to the rules or law that would back your claim.

I'll just work from experience on this one.

I see. Well, I would agree a judge is likely to be very unhappy about it, but I can't see
him refusing to give judgement.

I can, and have.

Ahh you have seen a judge throw a similar case out?

Yes - and more than once.

Post by Richard
Was it the same in
general circumstances to the o/p?

One example. What was then the Midlands Electricity Board threatened a
person I knew with CC action to recover money (IIRC about £200) they
claimed he had underpaid on an electricity account at a small workshop
he rented. He had left the workshop nearly a year earlier. He was at
the time off sick following a major operation. He offered to pay at
the rate of £20 per month and started making payments by transfer from
his bank. They issued a CC Summons claiming the £200 + interest +
costs. By the time it reached court he had already paid £80. District
Judge Ing dismissed the case on the basis that the plaintiff had not
acted in a reasonable and responsible way. He did not award costs.

Post by Richard
and there were no material
differences?

I can't see any.

Post by Richard
Richard

I've also witnessed a possession order dismissed for a similar reason
- the repayments of the arrears were already being made.

From my experience, courts will not issue a CCJ when a repayment
scheme is already in place which exceeds the level at which they would
be able to set payments under a CCJ.

And if you note, I'm not the only one who seems to agree with that.

HTH.

[Benedict White]

Post by Bob Brenchley.

Post by Richard

Post by Bob Brenchley.
I can, and have.

Ahh you have seen a judge throw a similar case out?

Yes - and more than once.

Post by Richard
Was it the same in
general circumstances to the o/p?

One example. What was then the Midlands Electricity Board threatened a
person I knew with CC action to recover money (IIRC about £200) they
claimed he had underpaid on an electricity account at a small workshop
he rented. He had left the workshop nearly a year earlier. He was at
the time off sick following a major operation. He offered to pay at
the rate of £20 per month and started making payments by transfer from
his bank. They issued a CC Summons claiming the £200 + interest +
costs. By the time it reached court he had already paid £80. District
Judge Ing dismissed the case on the basis that the plaintiff had not
acted in a reasonable and responsible way. He did not award costs.

Post by Richard
and there were no material
differences?

I can't see any.

Post by Richard
Richard

I've also witnessed a possession order dismissed for a similar reason
- the repayments of the arrears were already being made.
From my experience, courts will not issue a CCJ when a repayment
scheme is already in place which exceeds the level at which they would
be able to set payments under a CCJ.
And if you note, I'm not the only one who seems to agree with that.

Ah, so you can provide some sort of reference.

Many thanks.

Kind regards



--
Benedict White

[Bob Brenchley.]

On Thu, 29 Jan 2004 10:04:21 +0000, Benedict White

Post by Benedict White

Post by Bob Brenchley.
I've also witnessed a possession order dismissed for a similar reason
- the repayments of the arrears were already being made.
From my experience, courts will not issue a CCJ when a repayment
scheme is already in place which exceeds the level at which they would
be able to set payments under a CCJ.
And if you note, I'm not the only one who seems to agree with that.

Ah, so you can provide some sort of reference.

Yes - experience.

If you mean case numbers and the like, then no.

[Bob Brenchley.]

On Mon, 26 Jan 2004 19:39:57 -0000, "steve robinson"

Post by steve robinson

Post by NorwichLad
If your friend doesn't object to a CCJ - then he should tell the company

he

Post by NorwichLad
owes it to, to take him to court. You can't be made bankrupt for £300, so
the county court will ask the debtor to tell them how much he can pay. He
should also submit a statement of his finances, to prove how much he earns
and has left over - and the court will decide if he can make the payment

he

Post by NorwichLad
has suggested or not.
not particularly good advice , the company may well send it to a debt

collection agency that will spike up the costs considerably also with the
court costs which are allowable ( cost of action ,bailiffs , etc) more
added cost

If he starts to make regular payments then there will be no extra
costs - he can ignore debt collectors (best thing to do anyway) and
the court will not issue a CCJ is payments are being made.

Post by steve robinson
so that debt of £300 soon becomes £400 or £500 or more

No, at most they could add a little bit of interest.

Post by steve robinson
a ccj will cause you no end of hassle if you want credit , mortgage etc you
will end up paying way over the odds

If he makes regular payments, such that the debt is cleared in under a
year (for this level of debt) then there will be no CCJ. No court is
going to kick someone deeper into debt when they are clearly already
paying more than the court would order them to pay in the first place.
The likelihood is that the court would not order a payment higher than
about £20 per month, with a review when the person gets a job.

[Benedict White]

Simon Finnigan <***@therealm.freeserve.co.uk> wrote:
| Hi everyone,
| just a quick qeustion for a friend. Basically they owe a company slightly
| over £300, and are currently unable to pay the full amount off. They have
| an income of £50 a month, and they are currently looking for a job They`ve
| contacted the company they owe the money to, offering to make monthly
| payments of £50 per month until the debt is paid off. The company have
| turned round and demanded at least £70 a month.
|
| What is the situation here? They can`t afford to pay any more than £50 a
| month unless they find a job (and they ARE looking). The offer was made
| verbally today. I`ve suggested they write to the company recorded delivery
| making their offer again, and then send a cheque for £50 each month to the
| company to show good faith. Is this the best advice do you think?
|
| The person is not interested in trying to weasel out of paying the debt,
| they want to pay it off, but they just can`t afford to do it in one lump sum
| right now.
|
| Any help would be greatfully received.
|
| Thanks!
|
|

Well, I agree that you want to put it in writing and recorded delivery, preferably with the first cheque, as a sign of goodwill.

They then may take it to court, but are unlikely to get anymore than that so are going to end up loosing on costs.

However, you may also ask:

http://www.nationaldebtline.co.uk/

Who seem good.

But then I am not a lawyer.

Kind regards

Benedict White

[Bob Brenchley.]

On Mon, 26 Jan 2004 17:24:41 -0000, "Simon Finnigan"

Post by Simon Finnigan
Hi everyone,
just a quick qeustion for a friend. Basically they owe a company slightly
over £300, and are currently unable to pay the full amount off. They have
an income of £50 a month, and they are currently looking for a job They`ve
contacted the company they owe the money to, offering to make monthly
payments of £50 per month until the debt is paid off. The company have
turned round and demanded at least £70 a month.
What is the situation here? They can`t afford to pay any more than £50 a
month unless they find a job (and they ARE looking). The offer was made
verbally today. I`ve suggested they write to the company recorded delivery
making their offer again, and then send a cheque for £50 each month to the
company to show good faith. Is this the best advice do you think?
The person is not interested in trying to weasel out of paying the debt,
they want to pay it off, but they just can`t afford to do it in one lump sum
right now.
Any help would be greatfully received.
Thanks!

Start paying the £50 as soon as possible - this shows good faith.

If they then take your friend to court he can explain his situation,
show his calculations that allowed him to pay £50, and the court will
almost certainly accept that he has acted properly.

However. Warning. If £50 is the max he can pay I do hope you have
allowed for the odd emergency. I say this because the first time he
defaults it will put him in a bad light.

If £50 leaves him without a penny, then I would offer £40 - it still
pays the debt in 8 months, far quicker than the court (in my
experience) would normally expect clearance by someone who is
unemployed.

[Ian S]

Post by Bob Brenchley.
On Mon, 26 Jan 2004 17:24:41 -0000, "Simon Finnigan"

Post by Simon Finnigan
Hi everyone,
just a quick qeustion for a friend. Basically they owe a company slightly
over £300, and are currently unable to pay the full amount off. They have
an income of £50 a month, and they are currently looking for a job

They`ve

Post by Bob Brenchley.

Post by Simon Finnigan
contacted the company they owe the money to, offering to make monthly
payments of £50 per month until the debt is paid off. The company have
turned round and demanded at least £70 a month.
What is the situation here? They can`t afford to pay any more than £50 a
month unless they find a job (and they ARE looking). The offer was made
verbally today. I`ve suggested they write to the company recorded delivery
making their offer again, and then send a cheque for £50 each month to the
company to show good faith. Is this the best advice do you think?
The person is not interested in trying to weasel out of paying the debt,
they want to pay it off, but they just can`t afford to do it in one lump sum
right now.
Any help would be greatfully received.
Thanks!

Start paying the £50 as soon as possible - this shows good faith.
If they then take your friend to court he can explain his situation,
show his calculations that allowed him to pay £50, and the court will
almost certainly accept that he has acted properly.
However. Warning. If £50 is the max he can pay I do hope you have
allowed for the odd emergency. I say this because the first time he
defaults it will put him in a bad light.
If £50 leaves him without a penny, then I would offer £40 - it still
pays the debt in 8 months, far quicker than the court (in my
experience) would normally expect clearance by someone who is
unemployed.

Excelent advice here.

Indeed if you pay something, this demonstrates that you are being reasonable
(something the court will value highly). Should the company decide to take
you to court, the court will normally only issue a formal Judgement against
you if they decide that you are not paying enough. There is no need to
issue a judgement (effectively an instruction) for something that you are
already doing. As Bob points out, £40/month will clear the debt quite
quickly by nomal County Court repayment scheme standards.

Ian S

[Benedict White]

Post by Simon Finnigan

Post by Bob Brenchley.
On Mon, 26 Jan 2004 17:24:41 -0000, "Simon Finnigan"

Post by Simon Finnigan
Hi everyone,
just a quick qeustion for a friend. Basically they owe a company

slightly

Post by Bob Brenchley.

Post by Simon Finnigan
over £300, and are currently unable to pay the full amount off. They

have

Post by Bob Brenchley.

Post by Simon Finnigan
an income of £50 a month, and they are currently looking for a job

They`ve

Post by Bob Brenchley.

Post by Simon Finnigan
contacted the company they owe the money to, offering to make monthly
payments of £50 per month until the debt is paid off. The company have
turned round and demanded at least £70 a month.
What is the situation here? They can`t afford to pay any more than £50 a
month unless they find a job (and they ARE looking). The offer was made
verbally today. I`ve suggested they write to the company recorded

delivery

Post by Bob Brenchley.

Post by Simon Finnigan
making their offer again, and then send a cheque for £50 each month to

the

Post by Bob Brenchley.

Post by Simon Finnigan
company to show good faith. Is this the best advice do you think?
The person is not interested in trying to weasel out of paying the debt,
they want to pay it off, but they just can`t afford to do it in one lump

sum

Post by Bob Brenchley.

Post by Simon Finnigan
right now.
Any help would be greatfully received.
Thanks!

Start paying the £50 as soon as possible - this shows good faith.
If they then take your friend to court he can explain his situation,
show his calculations that allowed him to pay £50, and the court will
almost certainly accept that he has acted properly.
However. Warning. If £50 is the max he can pay I do hope you have
allowed for the odd emergency. I say this because the first time he
defaults it will put him in a bad light.
If £50 leaves him without a penny, then I would offer £40 - it still
pays the debt in 8 months, far quicker than the court (in my
experience) would normally expect clearance by someone who is
unemployed.

Excelent advice here.
Indeed if you pay something, this demonstrates that you are being reasonable
(something the court will value highly). Should the company decide to take
you to court, the court will normally only issue a formal Judgement against
you if they decide that you are not paying enough. There is no need to
issue a judgement (effectively an instruction) for something that you are
already doing. As Bob points out, £40/month will clear the debt quite
quickly by nomal County Court repayment scheme standards.
Ian S

I also suspect that they would not get their costs either, as it is they who are
being unreasonable.

How did this debt arise?

By the way I am not a a lawyer.

Kind regards

--
Benedict White

[Simon Finnigan]

Post by Benedict White

Post by Simon Finnigan

Post by Bob Brenchley.
On Mon, 26 Jan 2004 17:24:41 -0000, "Simon Finnigan"

Post by Simon Finnigan
Hi everyone,
just a quick qeustion for a friend. Basically they owe a company

slightly

Post by Bob Brenchley.

Post by Simon Finnigan
over £300, and are currently unable to pay the full amount off.
They

have

Post by Bob Brenchley.

Post by Simon Finnigan
an income of £50 a month, and they are currently looking for a job

They`ve

Post by Bob Brenchley.

Post by Simon Finnigan
contacted the company they owe the money to, offering to make
monthly payments of £50 per month until the debt is paid off. The
company have turned round and demanded at least £70 a month.
What is the situation here? They can`t afford to pay any more
than £50 a month unless they find a job (and they ARE looking).
The offer was made verbally today. I`ve suggested they write to
the company recorded delivery making their offer again, and then
send a cheque for £50 each month to

the

Post by Bob Brenchley.

Post by Simon Finnigan
company to show good faith. Is this the best advice do you think?
The person is not interested in trying to weasel out of paying the
debt, they want to pay it off, but they just can`t afford to do it
in one lump sum right now.
Any help would be greatfully received.
Thanks!

Start paying the £50 as soon as possible - this shows good faith.
If they then take your friend to court he can explain his situation,
show his calculations that allowed him to pay £50, and the court
will almost certainly accept that he has acted properly.
However. Warning. If £50 is the max he can pay I do hope you have
allowed for the odd emergency. I say this because the first time he
defaults it will put him in a bad light.
If £50 leaves him without a penny, then I would offer £40 - it still
pays the debt in 8 months, far quicker than the court (in my
experience) would normally expect clearance by someone who is
unemployed.

Excelent advice here.
Indeed if you pay something, this demonstrates that you are being
reasonable (something the court will value highly). Should the
company decide to take you to court, the court will normally only
issue a formal Judgement against you if they decide that you are not
paying enough. There is no need to
issue a judgement (effectively an instruction) for something that
you are already doing. As Bob points out, £40/month will clear the
debt quite quickly by nomal County Court repayment scheme standards.
Ian S

I also suspect that they would not get their costs either, as it is
they who are being unreasonable.
How did this debt arise?

Running a kung fu school :-) I`ve just heard that the company have now
decided to accept the offer of £50 a month. Maybe it was something to do
with my friend reminding them that the debt would be repaid in 6 months with
no other costs incurred, and a court would be most unlikely to order the
friend to pay any more than this sum (it would essentially be impossible to
pay more than that anyway - the person has no assetts nor income apart from
the £50 monthly).

Thanks for the advice. I was basically suggesting the same thing, but it
was nice to have the confirmation that I was giving the "best" advice in the
situation.

As for any emergencies - there are no emergencies that could cause a problem
like this, although I`d rather not go into details of why :-) Basically
they are in a situation where living with zero income is perfectly possible
and manageable. Jammy bugger! ;-)

[Benedict White]

Post by Simon Finnigan
As for any emergencies - there are no emergencies that could cause a problem
like this, although I`d rather not go into details of why :-) Basically
they are in a situation where living with zero income is perfectly possible
and manageable. Jammy bugger! ;-)

Well good luck to the jammy bugger.

I just hope he is prepared to help others as well.

Kind regards

--
Benedict White

[Simon Finnigan]

Post by Benedict White

Post by Simon Finnigan
As for any emergencies - there are no emergencies that could cause a
problem like this, although I`d rather not go into details of why
:-) Basically they are in a situation where living with zero income
is perfectly possible and manageable. Jammy bugger! ;-)

Well good luck to the jammy bugger.

It`s not a permanent thing, just for the next year or two. Still a jammy
bugger though!

Post by Benedict White
I just hope he is prepared to help others as well.

They`re a really good person, hence me doing my best to help them out of a
sticky situation :-)

[Ian S]

Post by Benedict White

Post by Ian S
Excelent advice here.
Indeed if you pay something, this demonstrates that you are being reasonable
(something the court will value highly). Should the company decide to take
you to court, the court will normally only issue a formal Judgement against
you if they decide that you are not paying enough. There is no need to
issue a judgement (effectively an instruction) for something that you are
already doing. As Bob points out, £40/month will clear the debt quite
quickly by nomal County Court repayment scheme standards.
Ian S

I also suspect that they would not get their costs either, as it is they who are
being unreasonable.

You suspect correctly.

Ian S