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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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in 1999 a judgment was made for 50,000 and was ordered

Customer Question

in 1999 a judgment was made for 50,000 and was ordered to be paid buy instalments of 5,oo ever week, which has been paid, we have now been sent a letter inviting us to supply them with a substantial increase upon the payments that we make to them. if we fail to make suitable payment proposals they will enforce the judgment entered against us by way of the imposition of a legal charge over my property then seek the enforcement of charging order by way of order for sale.I no longer work as I now have parkinsons . please can you help. can they do this.
Submitted: 3 years ago.
Category: Law
Expert:  Alice H replied 3 years ago.
Alex Hughes : My name is***** and I'm happy to help with your question today. I need to ask you some preliminary questions to be able to help you.
Alex Hughes : How much of the original debt is outstanding? Have you made payments without fail?

I have made payment without fail.the de

Alex Hughes : And how much is outstanding?

I have made payment without fail.The debt now stands at 63,991 including interest of which I had no knowledge.

Alex Hughes : If you've been paying £500 per month then you would have paid £84,000 over 14 years. Why is £63,000 still outstanding especially if the original debt was £50,000. Please clarify.

this was £5 pound a week not £500

Alex Hughes : OK. But only £840 of the debt has been paid. The claimant is entitled to know how you will pay the balance. They will argue that the debt has to be paid one way or another. What is your income/assets/resources?
Alex Hughes : Sorry you've actually paid £3,640 which is less than 10% of the debt.
Alex Hughes : Please could you outline your income/assets/resources?

I am on employment and support allowance as I have parkinsons only asset is my home.

Alex Hughes : How much is the house worth? Do you have a mortgage?

no mortgage,£180,000

Alex Hughes : You should provide your income and expenditure details to the claimant. If you receive ESA and have Parkinson's then you should send them proof of this also. A letter from your GP will help. But there is nothing here to stop the claimant enforcing the judgment. If there is a substantial debt outstanding they could take enforcement steps including putting a charge of your house. This will secure the debt and result in payment of the debt when the house is sold.
Alex Hughes : I'm afraid that from a legal point of view the claimant is entitled to enforce the judgment where over £60,000 is outstanding and only about £3,500 has been paid so far.