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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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my husband signed a consent order as part of a financial order

Resolved Question:

my husband signed a consent order as part of a financial order when divorcing his ex-wife. The order was that he would pay £10k within 5 years (from Dec 2007). However, during this time he wasnt able to pay anything. He informed her on several occasions he was still not able to pay. Last Saturday, he received a letter from an HCEO company stating the debt was now 10k plus 10k interest accrued over the full term of the financial order plus the last 18 months.

|There is NO and never was at the time of him signing the order, information or detail stating that if he didnt pay then interest would be added right back to the date of signing. \\

Is there anything he can do ? He may be able to raise the initial 10k at a push, but the 20k is out of the question and most definitely by friday. He is aware that he can get a stay of execution, but its the matter of the interest thats really important for him to handle as it clearly doubles the original debt. Thank you.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What is the exact legal wording of the Order
Clare
Customer: replied 3 years ago.

Hi - I have attached a high quality photo of all three pages of the order.

Thank you.

Expert:  Clare replied 3 years ago.
Hi
Thank you for that
How did your husband intend to pay this sum when he signed the Order?
Clare
Customer: replied 3 years ago.

He already had a loan that finished at the end of the 5yrs the Order was going to be in place. The idea was that when one finished another would be taken out & the 10000 repaid in full. Owing to the fact he was made redundant twice in the 5 years & after the 5 years couldn't afford to take a loan on he spoke via email a couple of times to his ex wife and said he was still looking for ways to pay, but was still unable to. No mention was made by her that this course of action would be taken if he hadn't paid by a certain point, the Notice of Enforcement just arrived on the mat on Saturday 31/5/14 - complete with 10K of interest he didn't know would or could be applied.

Expert:  Clare replied 3 years ago.
Hi
Could you send me a copy of that as well please?
Clare
Customer: replied 3 years ago.
Yes but not for a couple of hours as I am out & about now. Thanks
Expert:  Clare replied 3 years ago.
Hi
Tonight will be fine!
Clare
Customer: replied 3 years ago.

Expert:  Clare replied 3 years ago.
Hi Ruby
May I ask who has written the extra figures on?
Clare
Customer: replied 3 years ago.

both of us ..

Customer: replied 3 years ago.

letter was "clean" on its arrival

Expert:  Clare replied 3 years ago.
Hi
Where did you get the figures from?
Clare
Customer: replied 3 years ago.

Figures on page 1 based on THEIR figures quoted from page 3.

Figures on page 2 calculated as 8% per year for 5 years + their compliance stage fee

Expert:  Clare replied 3 years ago.
Hi
Excellent reasoning - and exactly the figures I reached.
How soon can he raise the £10,000?
Clare
Customer: replied 3 years ago.

well definitely 5k within a week, the other 5k could take a couple of weeks ...

Expert:  Clare replied 3 years ago.
Hi
The lump sum was not due until 2012 and accordingly interest is only payable from that point - at the rate of £2.19 per day
Even if it had been die from the date of the Judgement it still would not be the figure requested.
He should apply for a stay of execution - and for an explanation of the Interest calculation
I hope that this is of assistance - please ask if you need further details
Clare
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