Lending money to a friend.

[honeybee13]

Hello CD.

 

How has it been going since the beginning of this month?

 

HB

[Consumer dude]

To be honest, I don't know what to do, I mean at the current rate it will take over 20 years to pay me back.

[honeybee13]

CD, could you remind us what you would like to happen please?

 

HB

[Consumer dude]

CD, could you remind us what you would like to happen please?

 

HB

 

Thank you for your reply and what I want and to which is reasonable is an increase in the monthly amount the defendant is currently paying me as the current rate will take many years to pay.

[AndyOrch]

Yes you use the n244 application notice and request a redetermination of the monthly amount...the fee will be £255 with a hearing.You should be prepared to disclose evidence of the grounds you are requesting the increase.

 

Andy

[BazzaS]

Thank you for your reply and what I want and to which is reasonable is an increase in the monthly amount the defendant is currently paying me as the current rate will take many years to pay.

 

What will matter more to the court when assessing "reasonable" is the ability of the D to pay, over and above considering the length of time it will take them to pay.

[Consumer dude]

Can the court fee be charged to the defendant ?.

[BazzaS]

Can the court fee be charged to the defendant ?.

 

What use is there adding fee upon fee?

Do you think you'll recover them & your judgment sum, if the D has limited assets and is paying a minimal sum each month?

Will you be waiting 25 years instead of 20?

 

Am I correct this has been going on since before December 2012, already?

[Ganymede]

Seems like the OP is throwing good money after bad.

[Consumer dude]

Yes, I get the point that it could be seen that I am throwing good money after bad so an option for me in order to get my money quicker might be to call in the charging order and force a sale, if I do, what chance do I have of success ?.

[Consumer dude]

Latest payment due has not been made.

[Bazooka Boo]

an option for me in order to get my money quicker might be to call in the charging order and force a sale, if I do, what chance do I have of success ?.

 

Unless this chap is rolling in money, I couldn't look myself in the mirror knowing I'd made him homeless, I mean come on, that's the mans home?

 

I'd fully agree if it were a bank.

[Consumer dude]

[QUO am my selfTE=Bazooka Boo;5039470]Unless this chap is rolling in money, I couldn't look myself in the mirror knowing I'd made him homeless, I mean come on, that's the mans home?

 

I'd fully agree if it were a bank.

 

I actually agree with you, however should an individual as I am have to wait over twenty years for the debt to be settled, all I have had to put up with is excuses and a denial that he even owes the money, I have even recently requested in a polite letter for a meet up to discuss the issue (not for the first time) and as a result he has stopped paying all together so with that 'what would you do' ?.

[Consumer dude]

So the current position is that after paying an amount with consent, the defendant has now stopped paying anything so I am now planning an N224 form requesting the court decide a payment plan and for interest to be added, I may also need to apply for help with the court fees. If I thought an application to force a sale would be successful then I would consider doing that but this is likely to be complicated, what do others think ?.

[determindator]

Hi CD, firstly I just wondered if you know anything about this person's personal financial circumstances. Is he working? Is the son working? Is it poss he has items which can be sold i.e a car. Without reading back I thought there was an order whereby you could exercise enforcement and the officers would ascertain the situation to see what is liquid from him for you. Is there an option of attachment to earnings?

 

Can you update the amount owed to you please.

[Consumer dude]

Hi CD, firstly I just wondered if you know anything about this person's personal financial circumstances. Is he working? Is the son working? Is it poss he has items which can be sold i.e a car. Without reading back I thought there was an order whereby you could exercise enforcement and the officers would ascertain the situation to see what is liquid from him for you. Is there an option of attachment to earnings?

 

Can you update the amount owed to you please.

 

It's about 7k currently and I've also been to court many times and the latest is to show his income which is vague to say the least, he is retired, the wife is earning very little or so it is claimed and no other income is declared.

 

The son is down as a dependant but I can't see how that can be as he is an adult with no special needs. I think in reality it will need to go back to court as this simply can't go on like this and it's not as if I haven't been fair and reasonable.

[determindator]

For over four years you have been very fair and reasonable. Clearly he's not engaging and as you say, it needs to be ascertained why. You could enforce and he must know that, so in denial until he has to, which as you mention, is court.

 

Maybe an idea to contact the enforcement dept to refresh yourself with the process and what you can hope to achieve. People tend to engage when lifestyle is disrupted. They will find out if there is a car and whether it's liquid funds. They will have the resources to look into their finances and items which could be sold.

[determindator]

For over four years you have been very fair and reasonable. Clearly he's not engaging and as you say, it needs to be ascertained why. You could enforce and he must know that, so in denial until he has to, which as you mention, is court.

 

Maybe an idea to contact the enforcement dept to refresh yourself with the process and what you can hope to achieve. People tend to engage when lifestyle is disrupted. They will find out if there is a car and whether it's liquid funds. They will have the resources to look into their finances and items which could be sold.

 

In 2013 the amount was just over £5k. Is the 7k figure incl interest? Is his wife still in the dark about the situation?

[Consumer dude]

Sorrydet ermindator040054]I1understanunt was just over £5k. Is the 7k figure incl interest? Is his wife still in the dark about the situation?

 

Interest was added in 2016 by the court and his wife is fully aware of the debt as she even attended one of the hearings.

He has no possessions of worth inside of his house but I do have a charging order on his house and to force a sale, I would need to be fairly sure of success, I have requested that we meet up to talk about it and following the last invite which I felt the need to put in writing, he has stopped paying anything.

[determindator]

Hi CD, what has been paid over the last 4 years? Does he have a trade(s) where even though retired, is still working. Can you find out this info by subtle means? Is there a car?

[Consumer dude]

Hi CD, what has been paid over the last 4 years? Does he have a trade(s) where even though retired, is still working. Can you find out this info by subtle means? Is there a car?

 

He doesn't drive, and he has paid just over £400.00 only, (four hundred pounds) and as much as some people might think it's cruel to force a sale, at the end of the day, he has been cruel what he has done to me, ( a friend of over twenty years) how long can I be nice for ?, I mean, if I write polite letters to him which I have done to try and arrange a meet up and all I get is no commitment or even no response then I simply am at a loss what else to do.

[BazzaS]

Since the judgment he has paid £400?

 

a) how much have you spent on (post-judgment) applications?

b) how much interest has been added since judgment?

[Consumer dude]

Since the judgement, about £400.00 only has been paid. I believe 8% statutory interest annually can be added, I'm seriously weighing up if to force a sale.

[determindator]

Since the judgment he has paid £400?

 

a) how much have you spent on (post-judgment) applications?

b) how much interest has been added since judgment?

 

original amount just over £5k, now £7k owed.

 

Maybe an idea now CD to ring a local solicitor as it's usual to give free advice on the phone before you want to proceed further, and get their opinion on charging order outcomes. I wonder if they have a mortgage? If so and it's a struggle the house maybe on sale quicker than you anticipated. I feel finding out more about their situation and the legal side of it will help to make the best decision.

 

I'm keeping up with you.

[BazzaS]

original amount just over £5k, now £7k owed.

 

I'm unclear how much (if any) of the increase is interest, and how much from applications related to enforcement.....

 

Since the judgement, about £400.00 only has been paid. I believe 8% statutory interest annually can be added, I'm seriously weighing up if to force a sale.

 

The 8% gets added, if it was asked for, and granted in the original judgment. Was it?.

If not, then interest won't have been added, unless you make (yet another) application, so I'm left asking again:

 

a) how much have you spent on (post-judgment) applications?

b) how much interest has been added since judgment?