Vulture Creditors

DavidLaGuardia

Not my field this one. I have a friend who is in debt to the tune of £70,000 a wishes to avoid bankruptcy. They are self employed in a new business so an IVA is difficult at the moment becasue of needing to prove income. They have successfully negotiated, with the help of the CAB, payments to all companies except GE Finance to who'm £6,000 is owed. They ignored all offers before passing the debt on to a third party who has very rapidly gone for enforcing a CCJ. My frined says she now can pay the money as a result of a windfall, but was advised by the CAB to treat her debtors equally so they should get 6/70 by rights. I am tempted to agree that the bullying creditor should not be favoured for their bullying. Two questions come to mind:
1. Given the situation already, is avoiding a CCJ really tha important when the court will just demand she pays an affordable amount and her credit file is already bad (or is having a CCJ really monstrous?)
2. As she behaved a responsible as she could once the debt could not be handled, the court will probably direct the same payments the CAB proposed, could it not be said that the company has behaved in a futile manner which could be deemed Vexatious . for example if I took a man to court knowing the outcome would not change and did it to blacken the person's name, th courts would take a dim view of their time be wasted in such a manner.

rog2

I think that your friend may receive more sympathy from a judge, than he has received from GE.