Author Topic: County Court Claim Form  (Read 667 times)


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County Court Claim Form
« on: Sep 30, 2010, 11:44:03 PM »
A member of the family is being chased by a Finance Company for repayment of an unsecured debt of £6k.
A County Court Claim Form has been received as no payments have been made for a number of months.
Her ex partner took out the loan and she signed up as guarantor.
She is now split from her ex partner who is refusing to make payments. The finance company have located him and he has apparently agreed to pay 50% of the monthly amount.  She is struggling with other debts but accepts a liability to the remaining half of the debt.  She cannot afford to pay the full 50% but is prepared to make an offer of a regular monthly repayment amount which she thinks she can afford.
What are her options given she signed as guarantor for the loan ? Will she be deemed totally liable for the debt if her ex partner refuses to contribute ?
She is completing the Admission Form (N9A) albeit she is offering to pay for the remaining 50%.  Is this likely to be referred to the courts and would she be better simply completing Form N9B and letting the court decide ?

Steven Jackson

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Re: County Court Claim Form
« Reply #1 on: Oct 01, 2010, 12:41:25 PM »
Hi llogan
Unfortunately as a guarantor of the debt, the member of your family is legally responsible for 100% of the outstanding balance. Unless the finance company concerned agrees that her liability will be limited to 50% and you get this in writing, then unfortunately you have to assume that the company will try and enforce payment for 100%.
If the ccj admission form is completed, there is every possibility that the court will agree to reduced payments but I think it is unlikely that a court will agree to limiting her liability to just 50% of the debt without the finance company's agreement.
If your family member has other debts that she is struggling with, perhaps she should consider a full blown debt management plan to manage all of her debts. If she owes more than £15,000 she could also consider an IVA which would over turn any county court judgement that is eventually put in place.
It is also worth remembering that Despite what the finance company or the ex-partner say, he is also liable for 100% of the debt and the finance company will normally continue to chase him for the full balance until it is settled.
Debt Expert