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Can anyone help, I believe there is some legislation which states that a creditor should not start court proceedings unless they have something to gain. A credito has accepted £20pm for a £25k debt in a without prejudice leter yet want to proceed toget a judgement for debt, we have no property or assets and can afford no more than £20pm so judgement will be of no benefit? Can anyone advise

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what legislation do you refer to?

what are the circumstances, have they issued a claim? more info needed. is 20/mth realistic re 25k in the long term? maybe they want the court to decide?

IMO

:-):rant:

 

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I wasn't sure on legislation that's why I asked. Its a brewery who issued a high court claim for rent/goods totalling £39k, currently stay in proceedings for negotiations we admit approx £14k of debt the rest disputed, we have no more to offer so why secure a judgement against us, what do they gain?

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a charging order on your property.

 

prob

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Can anyone help, I believe there is some legislation which states that a creditor should not start court proceedings unless they have something to gain. A credito has accepted £20pm for a £25k debt in a without prejudice leter yet want to proceed toget a judgement for debt, we have no property or assets and can afford no more than £20pm so judgement will be of no benefit? Can anyone advise

 

 

 

I've never heard of any such legislation. If you find it please let us know.

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a charging order on your property.

 

prob

 

dx

 

Looks like there are no assets or property dx.

 

becsimon, is this the only debt you have ? If you have no other debts then would it be possible for you to enter into a Debt Relief order ? You would be debt free after 12 months.

 

National Debtline would be able to give you more information.

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Uploading documents to CAG ** Instructions **

 

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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

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2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Has the creditor issued a claim, if so, can you let us know exactly what they say they are claiming for.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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yep

 

tell us abou the debt

 

I hope these silly threats aren't from talking to dca's on the phone

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites
..Its a brewery who issued a high court claim for rent/goods totalling £39k, currently stay in proceedings for negotiations we admit approx £14k of debt the rest disputed, we have no more to offer so why secure a judgement against us, what do they gain?

 

so, there is a current court claim against which is currently stayed re settlement negotiations, and they say that they will accept 25k @ 20/mth in settlement of the 39k claim (ie they won't accept 14k)? as suggested, maybe then for the court to decide if current negotiations aren't proving fruitful. also, with judgment comes any poss applicable high court enforcement options if any court judgment/inst order is not satisfied! and, in the future, circumstances may change eg you then have ppty where a variation/charging order could then be applied for?

a debt relief order may not be applicable, double check the requirements re a dro.

Edited by Ford

IMO

:-):rant:

 

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