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Is this the right forum for chasing debts?
mustafacatflap
Posts: 12 Forumite
Sorry if this is the wrong forum. There seem to be a lot of knowledgeable people on here and my question involves a debt. However, in this instance it involves money I'm owed, rather than owe.
I have sued a young lady for just over seventeen hundred pounds for unpaid rent over a protracted period and I today received a form N9a(cpc) Form of Admission, accepting that she owes the entire amount.
Along with the admission is a single page from someone called Zebra Money Management, which lists her other debts (some of which have Judgments awarded against them).
Also included on this form is a list of her Income and Expenditure. The first one is probably understated by about forty pounds per month and the second one, the expenditure, is overestimated by at least five hundred pounds.
According to this statement she can only afford to offer two pounds fifty per month in payment of the debt (a quick calculation indicates this would take sixty years to pay it off)!
Firstly: the form N9 and the Zebra statement are all that's in the letter, which I think, although I'm not entirely sure, came directly from the defendant. Can I also expect something from the court?
Secondly: what do I do now. Do I write to Northampton and advise them I can't accept the offer? If so, do I at this stage state my reasons, or do I wait for a determination hearing farther down the line?
Thirdly: I have come to the conclusion that this young lady lies through her teeth at every opportunity. How do I put her to proof that her statement of Income/Expenditure is true? From where I'm sitting it appears she can say just what she likes, as long as it neatly excuses her from paying her dues.
Any advice would be gratefully received.
TIA
Mustafa
I have sued a young lady for just over seventeen hundred pounds for unpaid rent over a protracted period and I today received a form N9a(cpc) Form of Admission, accepting that she owes the entire amount.
Along with the admission is a single page from someone called Zebra Money Management, which lists her other debts (some of which have Judgments awarded against them).
Also included on this form is a list of her Income and Expenditure. The first one is probably understated by about forty pounds per month and the second one, the expenditure, is overestimated by at least five hundred pounds.
According to this statement she can only afford to offer two pounds fifty per month in payment of the debt (a quick calculation indicates this would take sixty years to pay it off)!
Firstly: the form N9 and the Zebra statement are all that's in the letter, which I think, although I'm not entirely sure, came directly from the defendant. Can I also expect something from the court?
Secondly: what do I do now. Do I write to Northampton and advise them I can't accept the offer? If so, do I at this stage state my reasons, or do I wait for a determination hearing farther down the line?
Thirdly: I have come to the conclusion that this young lady lies through her teeth at every opportunity. How do I put her to proof that her statement of Income/Expenditure is true? From where I'm sitting it appears she can say just what she likes, as long as it neatly excuses her from paying her dues.
Any advice would be gratefully received.
TIA
Mustafa
0
Comments
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Sounds like she is already on some sort of debt managment plan?If you've have not made a mistake, you've made nothing0
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Does that make a difference to the basic concept of misrepresenting your income and outgoings?
Mustafa0 -
It means that she has an arrangment with Zebra to amalgate all her debts and they pay each creditor any money left after her essential expenditure each month.
If you want an idea of what would probably be accepted as reasonable expenditure look at the debt remedy on the CCCS web-site. Plug in her details and try it out.
or post them here and we will tell you our opinion of them.
However, I am not sure that this would always be accepted by a court. Northampton has a reputation for awarding incredibly high monthly payments that are usually reduce on redetermination.
I would suggest you go over to the housing and renting forum where they will have more idea about this, most reckon it is rarely worth the candle to chase tenants for arrears but they know how to.
If the case goes to redetermination, you could request that she provides evidence of the expenditure.If you've have not made a mistake, you've made nothing0 -
That's very kind of you to respond as you did. I shall move over to the suggested forum and see if there's any further help there.
Kind regards0 -
Hi
This is the debt remedy https://debtremedy.cccs.co.uk/start.aspx
If your lovely tenant's claiming her expenditure is very high, this will point it out, if you pretend to be her.
you can check the Registry Trust on-line for CCJs. Would advise doing that for all future tenants.If you've have not made a mistake, you've made nothing0 -
If it does goto redetermination hearing, the tenant may have to show the judge proof of your income/expenditure sheet, i.e. bank statements.
Its not uncommon for creditors to think the tenant can owe more money and request an increase, you need to justify why you think they can afford more. It is then upto the tenant to prove otherwise at the next hearing. If they fail to provide evidence or even a response it is awarded in your favour.Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.
There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies0
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