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How much would the court find reasonable?


welshcakes
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Hi everyone,

 

Hoping your resplies will assist me in completing the N225 Small Claims Form.

 

Briefly I am acting for my friend who is the Claimant. He is owed over £2k from 2004 from a 'friend'. Did the MCOL claim and the Defendant has responded that he fully acknowledges the full amount but wants time to pay.

 

Well this is where we hit a problem. I have yet to see the Income/Expenditure Form he sent today however he is basically claiming a ridiculously low income and probably trumped up expenditure so that he can offer just under £20 monthly pay off installments.

 

Now with the court fee and 8% interest, I estimate it'll take him at least 10 1/2 years to pay off my friend who has his own mortage and debts etc.

 

The Defendant is shall we say to keep it anonymous, a well known footballer living in a very nice detached house, driving round in a BMW and buying rounds in the pub wearing top designer kit. My friend, the Claimant earns less than £12k and is having trouble keeping up with his mortgage payments as he is s/e and took time out to look after his invalid mother.

 

I say definitely refuse the poxy offer of £20 a month but need to know what attitude the court will take and what are the repurcussions of refusing the offer? As a footballer, I think he is sort of self employed (on Contract) so is there anyway the courts would be able to instruct proof of last year's earnings? He is currently claiming to earn a third of what he took home last year and he is now playing for a better team and scoring plenty of goals (my understanding is that there is a bonus scheme based on scoring)...can you tell I'm female?:eek:

 

So I would like to request on the form that he pay the full amount by 31st May 2007. He could sell up his car to begin with (his muppet wife has a lovely motor too). Would the court support this request or can he be allowed to continue the high life whilst the Claimant risks mortage default perhaps as soon as June?

 

:) ~~~~~~~~ :grin: Thank you :-D ~~~~~~~:)

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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Two options here.

1) you might be able to argue a forthwith judgment especially in lieu of the circumstances of the defendant, the court is there to do the reasonable (just) thing, it would be clear that £20 is a joke compared to the obvious income of the footballer

2) if they are being cagey about info, you could instruct an order to obtain information from the judgment debtor. The form is the n316. you would be liable for the debtor’s reasonable travel costs.

 

 

 

 

Hi everyone,

 

Hoping your resplies will assist me in completing the N225 Small Claims Form.

 

Briefly I am acting for my friend who is the Claimant. He is owed over £2k from 2004 from a 'friend'. Did the MCOL claim and the Defendant has responded that he fully acknowledges the full amount but wants time to pay.

 

Well this is where we hit a problem. I have yet to see the Income/Expenditure Form he sent today however he is basically claiming a ridiculously low income and probably trumped up expenditure so that he can offer just under £20 monthly pay off installments.

 

Now with the court fee and 8% interest, I estimate it'll take him at least 10 1/2 years to pay off my friend who has his own mortage and debts etc.

 

The Defendant is shall we say to keep it anonymous, a well known footballer living in a very nice detached house, driving round in a BMW and buying rounds in the pub wearing top designer kit. My friend, the Claimant earns less than £12k and is having trouble keeping up with his mortgage payments as he is s/e and took time out to look after his invalid mother.

 

I say definitely refuse the poxy offer of £20 a month but need to know what attitude the court will take and what are the repurcussions of refusing the offer? As a footballer, I think he is sort of self employed (on Contract) so is there anyway the courts would be able to instruct proof of last year's earnings? He is currently claiming to earn a third of what he took home last year and he is now playing for a better team and scoring plenty of goals (my understanding is that there is a bonus scheme based on scoring)...can you tell I'm female?:eek:

 

So I would like to request on the form that he pay the full amount by 31st May 2007. He could sell up his car to begin with (his muppet wife has a lovely motor too). Would the court support this request or can he be allowed to continue the high life whilst the Claimant risks mortage default perhaps as soon as June?

 

:) ~~~~~~~~ :grin: Thank you :-D ~~~~~~~:)

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welshcakes

 

I assume the defendant has admitted the claim on the N9A admission form they returned to your friend (the creditor). You can complete form N205A (the notice of issue) which the creditor should have received and at the bottom you can object to their offer or as you claimed online you can request judgement using MCOL and request payment in full.

 

Once judgement is granted then if it was me I would write to the defendant giving them 14 days for full payment and remind them that if the judgement is not settled within 28days they will have a CCJ registered against them and that you will send in the bailiffs.

 

Good Luck

_______________________________________________________________________________________________________

IANAL - Opinions offered are just my personal views and are not guaranteed to be correct. I have been known to be wrong (once or twice).

Claims in progress against:

Eldest - First Direct - Part Offer received - http://www.consumeractiongroup.co.uk/forum/first-direct/79619-eldest-fd.html

Eldest - Halifax - Cheque Received Full amount - http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/66254-here-we-go-eldest.html

Youngest - Halifax x 3 - Request for refund sent - http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/79617-youngest-halifax.html

Eldest - unnamed Mortgage Provider for Charges and incorrect maths.

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Thank you both for those thoughtful replies. Since he has acknowledged debt and made an offer, it looks like I am only permitted to continue by filling in N225 rejecting the offer and that I can't do this on line.

 

I will be asking for maximum of a month to settle full amount unless any further posts point out an obvious disadvantage to doing so :D

 

 

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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If there is any public information on the defendant that shows the potential lifestyle I would include it with the form to corroborate reasons for not accepting the defendants proposal.

 

There is also a process where you can ask for the court to ask for details of assets and so on. Not sure when you can invoke this. See http://www.hmcourts-service.gov.uk/courtfinder/forms/ex324_0405.pdf for info.

_______________________________________________________________________________________________________

IANAL - Opinions offered are just my personal views and are not guaranteed to be correct. I have been known to be wrong (once or twice).

Claims in progress against:

Eldest - First Direct - Part Offer received - http://www.consumeractiongroup.co.uk/forum/first-direct/79619-eldest-fd.html

Eldest - Halifax - Cheque Received Full amount - http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/66254-here-we-go-eldest.html

Youngest - Halifax x 3 - Request for refund sent - http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/79617-youngest-halifax.html

Eldest - unnamed Mortgage Provider for Charges and incorrect maths.

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Hi guys, been away from forum for a couple of days...

 

Ian - this particular footballer (trying to keep it anonymous) claimed he had no access to any of his bank cards etc as his missus had chucked him out of house and he needed spending money for a couple of days! I know the couple well and it is true he got kicked out and equally believable that a couple of thousand is what he would need just to keep up his rather wild spending habits.

 

My friend had just sold his house and this shoooot of a sportsman obviously thought friendship was an easy way to lean on someone who never says no to a mate...well, he is learning now lol.

 

Hal Ax, yes, I've now seen the income expenditure sheet and it's a hoot - according to it, he must be the worst paid successful pro footballer in the UK! He offered to pay the debt off within 3 months and my friend still has his texts making this offer less than a month ago. Is that sort of thing admissable?

 

It would seem this fame and money hungry fool has run up huge debts everywhere and claims on his balance sheet to already have a debt link managed pay out coming out monthly. But since he just upgraded his Merc a few days ago, I can understand why my friend feels so utterly betrayed by the lying little poo!:D Rant over, but I despise manipulators, they're so low in my book.

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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welshcakes

 

I'd guess text's could be evidence but not sure how you could show them in court papers. Maybe photos with negatives.

 

I'd bet that the Merc isn't actually owned by him, probably owned by a management company or something. I don't know how footballers structure their finances but could be worth searching to see if he is a director of a company and a shareholder, although I don't know what use such information would be.

_______________________________________________________________________________________________________

IANAL - Opinions offered are just my personal views and are not guaranteed to be correct. I have been known to be wrong (once or twice).

Claims in progress against:

Eldest - First Direct - Part Offer received - http://www.consumeractiongroup.co.uk/forum/first-direct/79619-eldest-fd.html

Eldest - Halifax - Cheque Received Full amount - http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/66254-here-we-go-eldest.html

Youngest - Halifax x 3 - Request for refund sent - http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/79617-youngest-halifax.html

Eldest - unnamed Mortgage Provider for Charges and incorrect maths.

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Hi guys

 

Am having terrible trouble with forums not updating so sorry for dealys in responding. Hal, I understand that the two family cars (both mercs) are on HP. His HP ecpenditure is put down as just under £800 pcm but he obviously felt he could afford to increase his monthly outgoings to HP company after he got served the papers from MCOL.

 

Do you think I should put in a covering letter with the N225 explaining my reasons why I feel he could pay immediately (if I just enclose his expenditure sheet, it wouldn't seem reasonable to want the money back straight away).

 

I'm also really suprised that no where on the forms did it require the Defendent to list his assets etc. Ha, ha, he put his bank balance down as Nil and also Nil for how much he's overdrawn. What an amazing person to be able to operate on a perfect zero account balance!

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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