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Debt

Postby Earl » Fri Oct 27, 2017 8:14 am

I owe money to somebody who I am unwilling to pay due to bad service. Other than going to the smalls claims 'court' is their any other method how they could collect this money?

I own jointly (tenants in common), property so I realise that ultimately a charge can be put on my property but was wondering if they could do this and by pass the court procedure?

I do not have a separate income from my husband, in fact it is his pension can they attach, 'something' to his pension is lou of the debt?
Thank you in advance.
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Re: Debt

Postby dls » Fri Oct 27, 2017 9:21 am

Different rules can apply for different debts, but generally no.

Nearest would be a statutory demand, but if they know that you disoute the bill, that would be risky (and wrong) for them.
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Re: Debt

Postby atticus » Fri Oct 27, 2017 9:31 am

The bankruptcy level is now £5,000. A statutory demand should not be served for a debt of a lesser amount.
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Re: Debt

Postby Earl » Fri Oct 27, 2017 10:29 am

Thank you.

One question following.
If it goes to the smalls claims, I know I can counter claim. Is a counter claim for damages limited to the same max claim figure of 10,000.
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Re: Debt

Postby atticus » Fri Oct 27, 2017 10:40 am

No. But a counterclaim for a sum greater than the small claims limit will mean that the case will not be allocated to the Small Claims Track, but to the track appropriate for the counterclaim.

And bear in mind that a court fee will have to be paid on the value of the counterclaim.
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Re: Debt

Postby Earl » Fri Oct 27, 2017 10:55 am

Thank you atticus, useful bit of info, didn't know that or thought of that.
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