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As a result of a failing business over the last 2 years, I

 
F E Smith's Avatar
  • Answered by:F E Smith
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As a result of a failing business over the last 2 years, I have incurred massive debts which has resulted in having to sell our house. From the proceed of the sale I have paid off numerous loans from family totalling £34,000.00 business and second mortgage loans totalling £88,000.00. My wife and I have also decided to separate and I have given her 50% of the sales proceeds as her share totalling £169,00.00. I am left with a capital sum of £33,000.00 and whilst I am trying to create a new business venture, my only income at the moment is my pension totalling £1,150 per month. I have outstanding debts to 4 credit card companies and a business bank loan totalling £46,000.00. I am trying to negotiate with each of these creditors a one off final payment amounting to around 50% of the debt in full and final settlement. One of the card companies has now decided to take out a county court action.Is the judge likely to take into consideration all the debts before making a judgement or will he just focus on the action taken by this card company and my ability to make full payment to them despite the fact it reduces my ability to negotiate and pay settlement figures with my other debtors

 

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System of Law: England-and-Wales

Already Tried:
I Have had various conversations with the card company who finally agreed to a settlement figure of £10,000.00 against a debt of £17,595.57. I accepted this figure and offered to pay £8,000.00 immediately and a further £250.00 per month for 8 months which they rejected. they wanted a one off £10,000.00 payment or full payment actin through the courts

Submitted: 306 days and 21 hours ago.
Category: UK Law
Value: £43
Status: CLOSED

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Expert:  F E Smith replied 306 days and 20 hours ago.

Good day,

I always strive to reply in the shortest possible time,I may be delayed answering other questions, attending a meeting or in court.

The judge will focus on this claim as an individual claim but will of course take into account your own personal circumstances as you have outlined. The offer that you have made is eminently reasonable and should be accepted. I'm sure that the judge when he hears your circumstances will agree and will make the order on the basis of the offer that you have made.

Please remember to only rate my answer when you are fully satisfied. If you feel the need to click either "Helped a little" or "I expected more" please stop and reply to me via the REPLY or CONTINUE CONVERSATION button with the issue that you have. I will be happy to continue further and do everything I can to provide you with the service that you seek.

Best wishes FE

Expert TypeSolicitor
Category: UK Law
Pos. Feedback: 98.9 %
Accepts: 6400
Answered: 7/12/2012

Experience: 30 years in General Practice

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