Advice please!!

[Gorang]

Re: Advice please!!

The AQ is just what it says really, a Questionaire about her POC and what is stated in it

So it should contain what is in her POC

Does that help at all? ?

[trumpetmaest]

Re: Advice please!!

The AQ is just what it says really, a Questionaire about her POC and what is stated in it

So it should contain what is in her POC

Does that help at all? ?

Thanks for responding.

We have been studying the form N150 that arrived and have the following questions.

Should the AQ refer to the defence letter she has received?
Does she need to attach a witness statement explainig the POC fully?
Should she attach the signed personal agreement as an exhibit (as this is to do with her POC). It's all very confusing !!

:eek2:

[Guest]

Re: Advice please!!

Perhaps the humourless twerp who removed my posting (to which the above was a response) might care to respond about mediation?

Hi sorry to but in, just a point,.
Whilst a claim can be referred to the lower track if over the limit, it has to be in agreement of both parties and the court can issue costs CPR 27 I think.(nope 26.7
Advice, if you where my daughter I would say, you associated with a W***er and S**t happens.
Get over it and get on with your life if the lesson costs you a few bob then so be it..
The bloke is obviously a waster; you are not going to get your money back even if you get a judgment. We all make mistakes this was one of yours unfortunately we all have to pay for them, this is how you pay for this particular one.
You have your whole life to live, put this behind you and concentrate on the good stuff
Court action In cases like this just benefits solicitors.
Good luck
Peter

[Caspar]

Re: Advice please!!

Peter,
I know little about court cases, so this is a genuine question. If she obtained a CCJ which the debtor then refused to pay, can she not appply for enforcement through the court, possibly through an Attachment of Earnings?

[Gorang]

Re: Advice please!!

can she not appply for enforcement through the court, possibly through an Attachment of Earnings?

Yes she can but it would cost her more money to enforce this I think

also

He did acknowledge that she had taken out a loan to clear his debts (although he states he would have prefered to have been declared bankrupt!)

If he quits his job and declares himself bankrupt, which he has already been willing to do, then she will get nothing, and she will be out of pocket even more with all of the court fees

I know it is harsh and totally wrong, but I am inclined to agree with peter, I think the reality is, she will end up getting nothing, and be out of pocket even more

[Guest]

Re: Advice please!!

Yes she can but it would cost her more money to enforce this I think

also


If he quits his job and declares himself bankrupt, which he has already been willing to do, then she will get nothing, and she will be out of pocket even more with all of the court fees

I know it is harsh and totally wrong, but I am inclined to agree with peter, I think the reality is, she will end up getting nothing, and be out of pocket even more

Hi
Yes it is harsh, and there is bound to be an element of justifiably righteous indignation here. Someone said that the best form of revenge is to be happy. Until this is behind her there is still a link to an unhappy past.
I say give him his stuff back, write him a letter saying, this is your mess, it seems that you are not man enough to clear it up so I will have to do it for you.
Contact the creditor or if that fails payplan and make an arrangement you can afford.
Only my opinion for what it is worth
Peter

[trumpetmaest]

Re: Advice please!!

Update

My sister gave him all his stuff back and got a judgement in her favour.
Her ex offered to pay an initial payment of just over £400 and then monthly payments of £220.
The judge issued an order and he set up a standing order and started paying her.
He has made 7 payments to her but this month... No payment...

She contacted him via email and asked if there was a problem... He replied yes I'm skint at the moment so im going to start paying you £100 per month now.... Probably starting next month!
She had not responded.

Can anyone tell me what her options are given that the judge made an order specifying the monthly payments that he had offered and has been paying.

Help please !!!

Thanks in advance

[Sapphire]

Re: Advice please!!

Hi can't help you but am bumping this till someone comes along who can.

[Guest]

Re: Advice please!!

Hi
Sounds like he is in breach of a court order, if he wanted to vary the payment he would have to apply to the court for a variation, she should seek an enforcement order, perhaps threaten him with an attachment of earnings.

D

[trumpetmaest]

Re: Advice please!!

Should she send a letter to him stating this. What would be a reasonable time to give him to make a payment?

[Guest]

Re: Advice please!!

Yes i would tell him that if he does ot comply with the court order you will have to apply for an enforcement order, its up to you how long you give him to comply.

D

[CleverClogs]

Re: Advice please!!

I doubt that he would declare himself to be (financially) bankrupt.

He's too cheap to do that.

[trumpetmaest]

Re: Advice please!!

I have helped my sister write a letter but we have just found out that he had moved address so we have sent a copy of the letter to his mums (adressed to him).

How could we proceed with enforcement if he doesn't re start? Could we ask his bank for his details?

Thanks in advance.

[trumpetmaest]

Re: Advice please!!

Bump

[trumpetmaest]

Re: Advice please!!

Bump