Lending money to a friend.

[Consumer dude]

Interest was added to the amount when the original judgement was given, as regard to annual interest that I believe I will be allowed under the law, is it just a case of applying to the court to confirm that right.

[BazzaS]

The amount owed has increased from "just over £5k" to "£7k", (with payments received of about £400), and we STILL don't know how much of this increase is from interest and how much from cost of applications made post-judgement.

 

52 pages in and we still don't know if OP has a viable plan to enforce, or will just keep making applications that don't seem to create any short term benefit, and cost in the short term.

[How likely are they to be granted an order for sale? How much equity, if any, is there in the property?]

Sure, they might get the cost of applications back (when?) when the property is sold (but only if there is equity to realise!).

 

The OP described money owing from AT LEAST December 2012, and they need to have a clear and viable plan, or will still be posting about endless applications in another 4 years.....

[Bazooka Boo]

IMHO CD, how much time are you willing to spend on this issue?

 

He's a friend, or was at some point, he's a human being at the end of the day, with all of the rubbish life has to throw at him, it might seem that he has hurt you in some way, and that you feel you want to exact revenge, but will it really be worth it if your actions are the final straw to break the camels back?

 

I've been in your position, and yes, whilst it felt perfectly natural at the time to exact revenge, and having been on the other side of it, owing tens of thousands, being in debt has a very negative effect on those who find they're sinking.

 

Perhaps he is too embarrassed to accept your offer of help?

Perhaps he is ashamed that he has put a friend through all of this and can't bring himself to look you in the eye and admit it?

 

My sister took out a loan for £700, of which I was a guarantor, she, along with her now husband (who was working AND claiming) they defaulted on the loan, which had compound interest, by the time I got to find out about it, it was almost £2000!

 

I paid it for them, then asked 'nicely' in writing if they could begin paying me back, no answer, wall of silence.....ended up taking my own sister to the small claims, where she denied being married, and simply stated that she was a single mum living of the state and could only afford to pay me back at £10 a month.

 

The DJ wasn't interested in the copy of the marriage certificate I had, or evidence of her other half's, full time work, I was stuck receiving a measly tenner a month until it was paid off, and there were months were she wouldn't pay at all, it was more trouble than it was worth.

 

I would support you 100% if you were taking on a corporation or some company raking in profit, but I'm just not so sure with an individual, who was once a friend.

Has he got money???

 

Either way, I'm not in your shoes, so only you know what is best, for you!

 

If you're determined he pays back, in full, then lets look at what options you have.

[Consumer dude]

If he's happy for the charging order to stay for twenty years then the bonus is I could get more interest and at the moment there is no agreement on the amount to be paid and I think I have to pay again about £200 00 for another application and if I do then the cost of that application will be passed on to him, is this correct ?.

[Bazooka Boo]

Yes AFAIK any enforcement action you take is added to your claim.

[determindator]

Let us know how you get on CD, at least the charging order is there. You may feel he's trying to pull the wool over your eyes so I hope the truth of his finances is made transparent to you.

[Consumer dude]

How often can I request his income details to the court ?.

[BazzaS]

How often can I request his income details to the court ?.

 

How much do you want to keep spending, for no apparent benefit?

[Consumer dude]

Can't fees be waived or collected from the defendant ?.

[BazzaS]

Can't fees be waived or collected from the defendant ?.

 

Collected when?. In effect, you are loaning them more money, with no collection date in sight.

It is just they aren't getting to spend the new loan, it is just going on court fees.

[determindator]

Remind me CD if attachment of earnings has been explored.

[Consumer dude]

Remind me CD if attachment of earnings has been explored.

 

he is retired now.

[**Tilly**]

Hi CD try not to let this tie you up in knots and eat away at you, im not going to say i dont know how you feel like bazooka Boo been there in our case lesson learned. also like bazza said your spending more money and getting nothing back, but only you know which way to go...Dont shoot me

Tills x

[Consumer dude]

Under what circumstances can court fees be waived.

[BazzaS]

Under what circumstances can court fees be waived.

 

You may not have found the answer if you searched for "court fees waived", as they use the term "remission" instead.

 

https://www.gov.uk/get-help-with-court-fees

https://www.stepchange.org/Portals/0/Clients/EX160_form.pdf

 

However, I thought your judgment debtor is retired, and you have a charging order on his property?

Do you think his income has changed?

What are you hoping to achieve?

[Consumer dude]

Even though I have a charging order, I would like to be Paid More Per month so as to reduce the amount of time to pay off the debt.

[honeybee13]

Was the payment amount decided by the court, CD?

 

HB

[Consumer dude]

Was the payment amount decided by the court, CD?

 

HB

 

It was for a period of six months under a consent agreement, and then after the six months the debtor carried on with roughly the same amount and no agreement by the court is currently in place so perhaps I need to get to that position again.

[AndyOrch]

Why was the Consent Order only set at 6 months ?

[Consumer dude]

Why was the Consent Order only set at 6 months ?

 

The defendant and I agreed that at the time.

[AndyOrch]

Was that realistic given the amount of monies outstanding over that period....why not 12 or 18 months ?

[Consumer dude]

Was that realistic given the amount of monies outstanding over that period....why not 12 or 18 months ?

 

It was too generous on my part I agree but I needed him to start paying me and now I need him to increase the monthly amount.

[AndyOrch]

So if you set the 6 month deadline for total payments surely you knew what the monthly payments would be...why do you need an increase now ?

[Consumer dude]

An increase is needed to lessen the time to pay off the debt so with that an option is to put in an application for an up to date court order which no doubt will cost me money and will the court pass on those costs to the debtor ?.

[determindator]

Hi CD, I would ring the court tomorrow say you want to ask a question concerning your case, with case number at the ready. The defendant did not keep to the court order and you want to return to the court to get the defendant to prove his financial position and stick to the order given. What costs will I have to pay in advance? See what that throws up first tell us here what their reply is.

 

Going forward, whatever the costs this time around I think should be added to the amount owed. It's not right not to do so. This person has decided not to speak to you to explain his circumstances or apologise so you have limited choices to recover your money if there's no communication.

 

Would be ideal to get a more substantial amount paid to you per month and set for a longer time as you're being given the run around.