Tweet
Hi all,
I am trying to help a my father who is struggling with debt. Due to unforeseen circumstances, he is unable to pay for the work the was carried out in his home. The sole trader's wife is now threatening him with legal action and a small claim valued at around £5,000.
My father was owed money, which hasn't been paid to him, so hence the difficult position he is now in. I do think, however, it was unwise of my father to agree to the work in these circumstances.
He has always been very engaging with the individual who has carried out the work, but they are demanding he pays the amount owing in full by early January or face legal action. It appears the other side have not complied with the pre-action protocol for debt claims.
I have told him to get some advice, which he has got - he was not told to pay anything due to his circumstances, or make token payments/repayments.
I am wondering how best to respond to the threatening e-mails he has been receiving. I have told him to respond by setting out his income and expenditure and his current bank balance. He is able to make a token payment of around £1,000, as his daughter-in-law has recently lent this to him.
If he makes a reasonable offer/repayment plan is it fair to say there is no cause for action, therefore giving him grounds to strike out any claim that brought against him by the sole trader?
Many thanks in advance.
I am trying to help a my father who is struggling with debt. Due to unforeseen circumstances, he is unable to pay for the work the was carried out in his home. The sole trader's wife is now threatening him with legal action and a small claim valued at around £5,000.
My father was owed money, which hasn't been paid to him, so hence the difficult position he is now in. I do think, however, it was unwise of my father to agree to the work in these circumstances.
He has always been very engaging with the individual who has carried out the work, but they are demanding he pays the amount owing in full by early January or face legal action. It appears the other side have not complied with the pre-action protocol for debt claims.
I have told him to get some advice, which he has got - he was not told to pay anything due to his circumstances, or make token payments/repayments.
I am wondering how best to respond to the threatening e-mails he has been receiving. I have told him to respond by setting out his income and expenditure and his current bank balance. He is able to make a token payment of around £1,000, as his daughter-in-law has recently lent this to him.
If he makes a reasonable offer/repayment plan is it fair to say there is no cause for action, therefore giving him grounds to strike out any claim that brought against him by the sole trader?
Many thanks in advance.
