News1 min ago
Not Disputing The Claim, Just Won't Pay Up!
To cut a long story short I am owed money from someone. He is not disputing it, I have legal proof of the loan and intention to repay,and he has actually paid back a small amount.
He has now stopped payments and says he cant afford to pay any more back and is no longer communicating. I have threatened court action but looking at it, it seems that the court is just for disputed claims and not debt recovery. Should I still go through this legal procedure or use a debt collection agency? I cannot let this go for financial and moral reasons. Any ideas?
He has now stopped payments and says he cant afford to pay any more back and is no longer communicating. I have threatened court action but looking at it, it seems that the court is just for disputed claims and not debt recovery. Should I still go through this legal procedure or use a debt collection agency? I cannot let this go for financial and moral reasons. Any ideas?
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For more on marking an answer as the "Best Answer", please visit our FAQ.It is a little more complicated and I think you should go for CAB advice
and if it is now called Relate go there then.
now if it is as you say - a loan with part repayment then there may be a few more hurdles. - does the loan involve interest for example ?
I am not sure if the very well intentioned correspondents have done any of this. I looked at this for someone who was dead and the exec just said I am not paying....and the solicitor peeped out from behind him and piped: he's not paying ! ( like with no dentures in)
and then added it wasnt a loan in the prescribed form......
and it seemed that there is a legal requirement to be registered before you give the loan with the council - but dont worry - there is a one off fee for one claim under such and such
and the loan agreement has to be in a prescribed form.
My council made it clear on their web site that it was a crime to give loans without registration ( = loan sharking) but seemed only to take action when the rate of interest was wonga proportions
Hence the need for advice.
Debt collection agency - debts are things called choses in action and cane be traded. You can buy and sell debts like used bicycles and so on. I think they buy the debt at a discount but I am not sure.
So if you are gonna go on with this - I think as number one poster said - - - it is off to CAB - or is that relate ? first....
and if it is now called Relate go there then.
now if it is as you say - a loan with part repayment then there may be a few more hurdles. - does the loan involve interest for example ?
I am not sure if the very well intentioned correspondents have done any of this. I looked at this for someone who was dead and the exec just said I am not paying....and the solicitor peeped out from behind him and piped: he's not paying ! ( like with no dentures in)
and then added it wasnt a loan in the prescribed form......
and it seemed that there is a legal requirement to be registered before you give the loan with the council - but dont worry - there is a one off fee for one claim under such and such
and the loan agreement has to be in a prescribed form.
My council made it clear on their web site that it was a crime to give loans without registration ( = loan sharking) but seemed only to take action when the rate of interest was wonga proportions
Hence the need for advice.
Debt collection agency - debts are things called choses in action and cane be traded. You can buy and sell debts like used bicycles and so on. I think they buy the debt at a discount but I am not sure.
So if you are gonna go on with this - I think as number one poster said - - - it is off to CAB - or is that relate ? first....
Not sure I understand all that, but I have checked on the CAB site and although not a legal loan in the normal sense, you can claim if it was a personal loan and have proof in writing of the loan and intent to repay, which I have. Not bothered about interest but apparently I could claim some. I just want the money back and wanted to know the best way. As I said, there are a lot of different forms and then apparently the court can say £1 a week which doesn't seem fair. Just wondered why they cant say pay up or will send in bailiffs/but I obviously want to do this legally.
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