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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 34626
Experience:  Over 5 years in practice
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I have an enquiry i have a nephew with whom I have recently

Customer Question

Hello
JA: Hi. How can I help?
Customer: hi. I have an enquiry i have a nephew with whom I have recently become reacquainted with. I have just learned that four years ago he was involved in a civil court case. It ended with the other side demanding £25,000.00. He is the so,e he is the sole earner of hi household of 3young children and wife and he tries his best to financially support his parents abroad The solicitor who worked with him at the time managed to get the amount reduced to £12,000.00 But this meant securing the debt against his mortgaged home Each month he has to pay close to £80 in interest which means that all he can then afford on top of it up £50 max im not sure how much is left of this debt but my question is
JA: What steps have you taken? Have you filed any papers in family court?
Customer: if he were to pay a lump sum of the full remaining amount on the agreement that the debt be reduced by at least £3500.00. Would you be able to help with this R is this not something your firm deals with
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: I myself live in London. He and his young family live in huddersfield
JA: Anything else you want the lawyer to know before I connect you?
Customer: i just want to know if this the sort of case the lawyer deals with and if they are able to help remove the debt by being the go between lawyer to lawyer
Submitted: 3 months ago.
Category: Law
Expert:  JimLawyer replied 3 months ago.

Hello, my name is ***** ***** I am a qualified lawyer happy to help you today.

How was the £12,000 agreed? Was it assessed by the court or an agreement between your nephew and the other side?. His best bet is to use Step Change (a free to use debt charity who would speak to the other side on your nephew's behalf to come to an agreement - possibly with a view to reduce the monthly payments or to offer a full and final settlement figure of that £3,500).

Customer: replied 3 months ago.
As far as I’m aware it all went through the court
Customer: replied 3 months ago.
I really need someone who will help and not just be looking at their fee? Do you feel you can help before I agree to the call.
Customer: replied 3 months ago.
I will be the one paying your fee and the lump sum if it can be agreed upon.
Expert:  JimLawyer replied 3 months ago.

OK, the court has likely made a CCJ for that sum. It would be entirely up to the creditor (the person your nephew owes the money to) to consider proposals. I know of full and final offers being made in situations like this one - a lump sum is attractive to a creditor as it means they get a lump sum instead of several monthly payments.

It would come down to negotiation and it is not a legal question as such - lawyers like myself know how to apply to the court and vary orders but insofar as debts are concerned, the remit would be with someone such as Step Change (http://www.stepchange.org)

Customer: replied 3 months ago.
It seems the solicitor is acting on behalf of the other side. I’m more than happy to talk to you on the phone but can you tell me if this is within your expertise. And whether you think you can help
Customer: replied 3 months ago.
I have photos that have been forwarded to me pertaining to the case, I can forward them to you. I know it’s all a in a days work. I work as a surgical nurse so I know I clock off after 12and half hours, but during those hours I do everything in my power to do right by my vulnerable patients. I expect that seeing your ratings you too during your working hours care about what you do and help the vulnerable.
Expert:  JimLawyer replied 3 months ago.

Hi, I have said that it is not a legal question and is a debt-related issue. You can obtain advice here on court procedure and insolvency issues but I will have to opt out to let another expert assist you. Please do not reply as it will come back to me and there will be a delay. Thanks

Customer: replied 3 months ago.
What I would like to know have you dealt with something like this before and has been done before by yourself or a member of your team
Expert:  oleksandrav-mod replied 3 months ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Oleksandra-Moderator