Helping a friend in need with Court

barbarawright

Good luck in court - you sound a very good friend. However don't take it for granted that you will be able to speak up for her in court - it's entirely at the discretion of the judge.

http://www.hmcourts-service.gov.uk/cms/files/mckenzie_friends_note.pdf

shaven-monkey

Has she made any payments against the debt in the last 7 years?
If not then the debt may be satute barred.

I'm assuming she has seeing as they're taking her to court and very few experienced lenders would make that mistake... but it's possible.

barbarawright

Post 11 seems to suggest the illness only kicked in about 3 years ago, unless I'm misunderstanding?

Blitz01

shaven-monkey wrote: »

Has she made any payments against the debt in the last 7 years?
If not then the debt may be satute barred.

I'm assuming she has seeing as they're taking her to court and very few experienced lenders would make that mistake... but it's possible.

What has 7 years got to do with anything?

Tixy

mrb1 wrote: »

Its actualy 6 years, and if you have no contact for this period with a debtor for that time then yes the debt can be written off in full.

A statute barred debt is NOT written off - the debt still exists but cannot be enforced in court, and if you tell the creditor you don't intend to pay they have to stop chasing you for it. But it is inaccurate to say it is written off.
Except in Scotland - where the debt is legally 'extinguished' but then of course in Scotland its only 5years.

mdj1

Well, that was enlightening.

The letters I saw from nationwide before the hearing where regarding payments, although in court it was all about the disputed outstanding balance!

Nationwide got shot down in flames. They didn't even turn up with the correct papaerwork. They had a witness statement that was submitted to the court but in it there was two different outstanding amounts.

When the judge asked which one was correct the solicitor answered, I don't know. When asked to produce statements showing what had and hadn't been paid the solicitor again had to admit she couldn't.

Judge ordered Nationwide to go away and sort their act out and respond and supply all the relevant statements within two weeks of judgement. She (the lady judge) advised my friend that stating she couldn't pay anything was not an option. She didn't say anything at that time as it wasn't appropriate, but she told me this morning that although they refused her last offer she has still been paying them this offered amount every month.

It's like they take people to court in the hope they don't turn up and automatically win, and when confronted their not even prepared!

iolanthe07

Bloody incompetent idiots - glad I'm not a shareholder. If your friend has been paying them every month then the debt will not be statute barred, but she might get away with paying just a token amount, especially if the judge was !!!!!! off with Nationwide.

triticale

Just to clear up that MS is a neurological disease, not a mental illness as post#11 seems to be saying.

It can lead to things like depression and mood changes in some cases, but it's not a 'mental illness' in itself.

Anyway, hope things turn out ok, Nationwide sound like a right shower!