Tell her to make sure (in writing) that the debt is not accrueing interest anymore. At 150 a month it will take about 6 years to pay off. If she's happy with that then let her go ahead. Regarding the court procedings, I presume the letter is a threat of court rather than anything else. Debt collection companies do this just to frighten people rather than actually carry through with it. They have got their wish you see.
MickeyG.
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Please ensure she can afford the 150. She is {old school} and I would hate if she withheld heating/food over this.
Suggest re-write to solicitors and ask for clarity.
She needs certainty.
Ensure all communications are in writing.
Ensure she is not too stressed over this.
Mickeyg.Based on advice/suggestions received on this website I actually got her to write to the solicitors after she had got a letter agreeing the monthly repayments, requesting them to confirm that indeed the payments would go towards the Capital and not towards further Interest. There was no response to this request even though it was specifically requested "Please Confirm". The next correspondence she received was the Claim Notice via Registered Letter. It strikes me that the left hand does not know what the right hand is doing in the Solicitors and the victim of this stupidity is my 70 year old aunt!!!
I'm slightly confused as to what a claim notice is as oppose a 'we are starting proceedings and have applied for a court date'. When you say 'doesn't file an appearance', do you mean she needs to turn up in court and state she is going to defend it ? As far as I can see she has no defence to actually not pay it because of something legal therefor there is no point in that as non-means to pay is not a defence as such.If her aunt doesn't file an appearance within 28 days of receipt of the claim notice ( intention to defend the claim ) the bank is entitled to apply for a default judgement. The bank still has to get the aunt to pay up which usually involves the claimant going back to the district court and getting an installment order against the aunt.
I'm slightly confused as to what a claim notice is as oppose a 'we are starting proceedings and have applied for a court date'. When you say 'doesn't file an appearance', do you mean she needs to turn up in court and state she is going to defend it ? As far as I can see she has no defence to actually not pay it because of something legal therefor there is no point in that as non-means to pay is not a defence as such.
Getting back to OP, if the solicitors/debt collectors get the slightest whiff that you aunt is desperate to avoid court, they will use this as an instrument so make sure you do not sound too desperate. As Gerry says make sure she can afford the 150 and as demoivre stated no judge will make you pay what you can't afford.
Hello,
I know this is an old post, I am in a similar position and was interested to know the outcome of your aunts case. Did she end up in court? I received a Claim notice yesterday but am trying to figure out if it is genuine as I believe Belgard have before issued dud documents to scaremonger. I am hoping this might be the case.
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