friend panicking need help arrears

[Rymitch]

Just got a call from a friend he had stoped paying a court order to a lawyer over a debt he owed on a failed business long story short his shop went under lost everything was homeless for a time was still making payments says he got it mixed up with one of his other bills and thought it was paid off.

Sheriffs officer arrived at his new house told him he still had to pay up he admitted it was his fault phoned the lawyer said to them all he could afford was £x per fortnight(hes on income support) said they wouldn't except that that he must fill in an income expenditure forum when he replied but only a judge can ask for that he was told no that's not true.

they have the right to insist he comply as their client has wait for his money or they will take him back to court

hes trying to do his best to pay everybody he owes.

 

The bill is now double what it was due to interest and charges which he accept as it was his fault for defaulting in the first place.

 

Now I say he should let them because as soon as a judge sees that they claim they have the right to ask for something only he can ask for plus what he's got coming in and what hes trying to pay out he will probably award a lower payment than what hes offering and may cut some of the expenses back lowering the total. The problem is he & his wife don't keep well and might not be able to handle the fight he's willing but his wife is not.

 

should he fill it in and see what they say or refuse and let them take him to court.

[IdaInFife]

Anyone can ask you for and income and expenditure sheet but you only 'need' to provide this to relevant bodies.

 

I advise if you want to make a payment arrangement and get them to accept it , it is always best to do so but your are under no obligation to do so.

 

Normally sheriff officers only attend the house to serve a 'charge for payment' and if so this needs to be dealt with as this is court docs.

 

This you will need to ask your friend and get back to us.

 

Ida

[Rymitch]

Right got my friend to bring the letter over its from a Sheriff officer in Livingston (thought it had to be from your local sheriffs officer ie the one the original court hearing was held in or can a S,O from anywhere issue one)

 

Its two pages first one plain page no company letter head

CHARGE FOR PAYMENT OF MONEY

 

denoting the original case and its decree the next paragraph gives the sheriff officers name and address and then reads

by virtue of the extract decree in Her Majesty's name and authority and in the name and authority of said sheriff, CHARGE you to pay the total sum due as set out below(together with any further interest) within 14 days after the date of charge to (name & address of Solicitor )

next part is a break down of costs

principal sum

interest to date

Principal sum(2)

Expenses

Sub total

Less paid to account

agents fee

expence of officer of court

charge fee

other outlays in connection with service of charge

total sum due (almost double the original amount)

(interest on the principal sum will continue to run until the date of payment) now if I read that bit at the bottom right that mean if he sets up a payment plan for £x.00 it will continue to add interest and he will be paying the thing for ever.

He has now received the income expenditure form what must he include on it(how much for say food heating clothing etc) hes on income support and gets dla

Forgot the second page was just a photo copy of debt advice and information pack

why have i been giving this debt and listing things that could happen ie arrestment of bank account etc plus advice to contact cab.

Edited May 6, 2010 by Rymitch

[IdaInFife]

Hiya,

 

 

You have 2 options :

 

1 . You can complete a court form for a time to pay order in hwich you would need to do a full i and e and and send it to the issuing court. This may be rejected and you may have to attend court to please the case.

 

2. D nothing and then they can apply for a wages or bank arressment (they can take anything over £370 from a bank account) and if nothing happens there then then would apply for a ttachment of goods order but this is very rare now a days unless they own their own home or bankruptcy.

 

If you dispute them amount then this would be done after applying for a time to pay order as this would be the priority at the moment.

 

It can be served by any sheriff officer that the council have passed the account too.

 

Here is some info and the forms you would need if you wanted to apply for a time to pay order: ( this must be done within 14 days of the date of the charge for payment)

 

http://www.consumeractiongroup.co.uk/forum/dealing-debt-scotland/185249-have-you-received-charge.html

 

here is also some additional infor re councilt ax arrears and also debt arrangement schemes etc:

 

National Debtline Scotland | Debt Advice | Factsheet 03 Recovery Of Council Tax

National Debtline Scotland | Debt Advice | Factsheet 22 Debt Arrangement Scheme

National Debtline Scotland | Debt Advice | Factsheet 20 Debt Management Plans

National Debtline Scotland | Debt Advice | Factsheet 01 Bankruptcy

National Debtline Scotland | Debt Advice | Factsheet 21 Trust Deeds

 

Ida x

[dundeelaw]

Not really sure here, maybe someone else can help, but I was under the impression that Interest cannot be added on to a Court Order once it has been issued. Usually interest is only added until the day of judgement then the only amount payable is the balance at that date. Even with a Time to Pay Order.

 

I would get your friend to check the original court judgement agaisnt him. If I am right, then the interest is being added unlawfully and any interest already paid could be recovered to reduce the debt or get the case back in court.

 

can anyone out there help on this?

[Rymitch]

They are now asking for copy's of documents vouching for present level of income this would be the letters he got from the income support are they allowed to see these as they where issued by the government and should be protected by the data protection act.

[IdaInFife]

only if he gives his permission but if he is looking to try and make a payment arrangement this would be the best way but it is his decision but they prob won't agree to one without a declaration and will procees with the court actions

[Rymitch]

Hes all ready sent them the income expenditure form that they asked for

all he has is benefit no other source of income if they accept what hes offering it will probably be more than what a judge would set.

He also went to see a debt manger who told him that the best course for him would be bankruptcy it would cost him a £100 to set up and due to him being on state benefit he would probably not have to pay any more and his debts would be wiped in a year but he doesn't want that he would like to clear his debt himself but just can't afford what they are asking it looks as if they are forcing him down a road he doesn't want to go.