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Guest eight

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Guest eight

I assisted a family member who had a shedload of debt problems a while back. Gradually we sorted them out and she's now pretty much on top of life again. However this morning she gets a letter from DG Solicitors (HSBC) regarding a debt she has to them. It was >£5000 but she has been paying it off at £80/month and there is now just >£2000 outstanding.

The letter states "Our instructions are to review the arrangement and ask whether you can increase your monthly repayments so that this debt is cleared more quickly. Please complete the attached questionnaire" (no questionnaire attached......) "and return it to this office with any increased offer of repayment within the next 7 days."

However I was wondering that, since this amount was set by a court, do these informal attempts to vary the arrangement constitute contempt of court?

Any legal advice gratefully received.

eight

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I assisted a family member who had a shedload of debt problems a while back. Gradually we sorted them out and she's now pretty much on top of life again. However this morning she gets a letter from DG Solicitors (HSBC) regarding a debt she has to them. It was >£5000 but she has been paying it off at £80/month and there is now just >£2000 outstanding.

The letter states "Our instructions are to review the arrangement and ask whether you can increase your monthly repayments so that this debt is cleared more quickly. Please complete the attached questionnaire" (no questionnaire attached......) "and return it to this office with any increased offer of repayment within the next 7 days."

However I was wondering that, since this amount was set by a court, do these informal attempts to vary the arrangement constitute contempt of court?

Any legal advice gratefully received.

eight

They ask, she says no.

Has she got one of those debt management things?

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Guest eight

They ask, she says no.

Has she got one of those debt management things?

No. We did it all between us. I should add the bailiffs were literally at the door by the time I got involved. I got a cancellation of the warrant and the £80/month arrangement was part of that. Should have let them in; she has nothing worth taking.....

eight

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I'm with a debt management company, and have been paying my debts at an arranged fee for nearly 4 years now.

4 out of the 5 creditors contacted my debt management company asking for an increase in payments, i had 4 payments left.

the amount they wanted was a combined £56 per month (about 7% of my payments), which would not have reduced the time to pay off my debt by any time at all, my last payment would just be a little bit lower. so i upped my payments by £200 and reduced it by a month.

my Debt management company told me tht they have received letter for ALL their customers from 90% of the creditors in the country all stating the same, and the banks just want to get personal/unsecurred debt paid off quicker.

i ask why and her response "they must be feeling there will be another recession, and they want as much money now as they can [legally] get.

some banks have threatend CCJ's, bailifs etc if they dont up the payments, which if there is (like in my and your family members case) a legally binding contract in place, they cant threaten, my debt mangement company are taking a creditor to court threatening, who did just this. (not one of mine)

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Guest eight

some banks have threatend CCJ's, bailifs etc if they dont up the payments, which if there is (like in my and your family members case) a legally binding contract in place, they cant threaten, my debt mangement company are taking a creditor to court threatening, who did just this. (not one of mine)

Thanks Monkey. I suspected they were on dodgy ground. I'd be very interested to know if it does actually constitute contempt of court, or not.

eight

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Thanks Monkey. I suspected they were on dodgy ground. I'd be very interested to know if it does actually constitute contempt of court, or not.

eight

I'd imagine that they can ask whatever they like, so long as they don't demand.

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When we have people who owe us money (theft/fraud etc.) and an arrangement is made for them to pay through the court (attachment to earnings etc.) we would have no contact with them whatsoever and simply receive cheques from the court. I presume the arrangement was for payments to be made directly to the claimant though.

Might be worth contacting the court about it. My guess would be it would be at least seriously frowned upon if not being explicitly forbidden in law.

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  • 284 Brexit, House prices and Summer 2020

    1. 1. Including the effects Brexit, where do you think average UK house prices will be relative to now in June 2020?


      • down 5% +
      • down 2.5%
      • Even
      • up 2.5%
      • up 5%



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