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Original poster

Urgent!!! Need Major Help???????

19 replies

Darciesmum · 28/05/2007 22:35

Hi

I've been seeing my boyfriend a couple of mths, and he told me tonight he's due in court in 10days for non-payment of a loan amount of £2500, he said he's written letters to the company offering a payment he could afford to pay them each month but they have refused. His Lawyer said he may get sent down for 3mths for non-payment and he's really worried about it i don't want him to go down, so Help please i've not got great credit score so can't get a loan out what can i do??

I thought if most companys had a letter adv how much the client can pay a month then they couldn't refuse as they are still getting some sort of payment.

Please help am really worried
Sorry for the long post

DM
x

OP posts:
shonaspurtle · 28/05/2007 22:38

Hmmm, this doesn't sound right. If it gets to court then he'll be made to pay in installments and iirc the installments will be based on his income - I don't think they can be more than 10% of his take home pay.

I'm pretty sure you would only be jailed for non-payment of a court fine.

Kaloo20 · 28/05/2007 22:39

I've been seeing my boyfriend a couple of mths ....

My Advice: don't get involved with this debt or the worry. I doubt he will get a custodial sentence. It is his issue not yours especially after a couple of months

Original poster
Darciesmum · 28/05/2007 22:40

Thats what i think shona, and as he offered to pay via instalments then they can't really refuse as he's paying of the loan albeit in smaller amounts.

OP posts:
lisad123 · 28/05/2007 22:41

Sounds odd to me. I wouldnt lend him money. I would let the court decide and most companies would rather have some money, and if he goes to prison they wont get any.

Good luck
L

Original poster
Darciesmum · 28/05/2007 22:42

Kaloo he's said its his problem but we are both worried he'll get sent down for something which he's already asked to pay in smaller instalments.

I've known him alot longer but started dating him a couple of mths ago.

OP posts:
tubismybub · 28/05/2007 22:42

there is nothing you can or should do, you have only known this guy a couple of months so please don't lend him money.

tubismybub · 28/05/2007 22:43

sorry x posts,

Original poster
Darciesmum · 28/05/2007 22:44

i won't lend him money i can afford to. besides haven't got the credit rating myself to do so.

Just worried about the Jail thing, he's not built for that.

OP posts:
Original poster
Darciesmum · 28/05/2007 22:58

BUMP

OP posts:
shonaspurtle · 28/05/2007 23:03

Here you go:

"13. When you can be sent to prison for your debts

Being sent to prison is a great fear for many people with serious debts. In most cases, it's very unlikely. A prison sentence is a last resort, and apart from fraud (see 'Fraud' below) it can happen only for specific types of debt. These include if you haven't paid:

  • Fines from the magistrates' court;
  • Your Council Tax or business rates: or
  • Maintenance for your husband, wife or children.

You can be sent to prison only if the magistrates believe that you 'won't pay' rather than 'can't pay' your debts (that is, you have deliberately refused to pay, or you have chosen to spend the money on other things you didn't truly need).

If this is the case, the court will probably make a 'suspended committal order'. This means that the magistrates will set an amount for you to pay each week or month. You will be sent to prison only if you miss any of these payments. If that happens, you will be sent a warrant to be arrested and brought before the magistrates. You cannot be sent to prison without another hearing, although you may be put in police cells overnight."

This information comes from this site which would be worth reading. It sounds like your boyfriend has had poor advice at best. I hope it sets your mind at rest if none of the above apply.

Original poster
Darciesmum · 28/05/2007 23:10

Thanks chick, will have a good read.

I did think it was odd when he said his lawyer sent a letter to the company regarding lower monthly payments and they refused. And then said he would go down.

OP posts:
BreeVanDerCamp · 28/05/2007 23:19

Is it possible, he is going to prison for something else ??

Do not lend him any money.

madamez · 28/05/2007 23:26

Be extra wary if he's said anything ab out you taking out a loan to "help" him here - it's a very common trick. Apologies if your chap is just sacared, naive and a bit finanically hopeless, but there are rather a lot of predators out there.

Original poster
Darciesmum · 28/05/2007 23:29

I've known him alot longer than i've dated him, i work with him. Know practically everything about him, he's not one to mess ppl up.

I can't afford a loan and couldn't get one anyway, we are just worried about the prison thing and the fact he would loose his job if he got sent down, which he can't afford to do.

OP posts:
mumblechum · 28/05/2007 23:32

This doesn't sound right, dm (I'm a lawyer). There's no way he can be sent to prison for non payment of a loan. No lawyer would ever say that that was the case.

Someone somewhere is telling porky pies.

Original poster
Darciesmum · 28/05/2007 23:35

Thats what he's been told hun, and he's really worried about it (so am i tbh). The company/bank have refused the amount he's offered to pay and issued a courts summons.

OP posts:
mumblechum · 28/05/2007 23:43

OK, he's had a summons. He needs to complete the form which will have come with it, called the Admission and Offer form. Admit the debt and offer to repay by instalments. He needs to return the form within 14 days of his receiving it. If the bank doesn't accept the offer of instalments the court sets the matter down for a brief, informal appointment when your partner needs to show evidence of his income and evidence. The court will then fix on an instalment plan, and as long as he doesn't miss any payments, that's the end of the matter (though he will get a CCJ).

I repeat, his lawyer (assuming it is a properly qualified person) WILL NOT have even mentioned the possibility of a prison sentence.

Prison for debts went out about 80 or even 100 years ago, well before even my time!

Original poster
Darciesmum · 29/05/2007 11:16

Thanks Mumble i've showed him the thread this morning and he feels abit more at ease. and glad the court will agree a payment plan with the bank as we didn't get anywhere.

OP posts:
TippiHedren · 21/06/2007 22:18

Any update, how did it go?

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