Employee in a pickle.
Discussion
Just had a phone call from a lad who works for me, well I say lad, hes about 49.
Reakons he has to go to court on thursday, and may go to prison for 2 weeks, according to the letter he has.
Turns out he has a loan, not paid it back, taken to court, judgment put on him, asked to fill in a "means" form, what ever one of those is.
Did so, but sent back to court 2 days late, hence now asked back to court.
Now im sure theres a bit more to this than he letting on, but my question is can they really send you down for non payment, think total outstanding is £2500 with all the fees added.
Ive said ill lend him £500-£1000 to offer to the court on the day, hopefully this will help.
To be honest im not fussed if he does go down, own bloody fault for not paying money back, I am however concerned who is going to run that van while he picking up soap in the prison showers., I know im a heartless b
d.
So, anybody any advice,tips,help
Cheers folks
Reakons he has to go to court on thursday, and may go to prison for 2 weeks, according to the letter he has.
Turns out he has a loan, not paid it back, taken to court, judgment put on him, asked to fill in a "means" form, what ever one of those is.
Did so, but sent back to court 2 days late, hence now asked back to court.
Now im sure theres a bit more to this than he letting on, but my question is can they really send you down for non payment, think total outstanding is £2500 with all the fees added.
Ive said ill lend him £500-£1000 to offer to the court on the day, hopefully this will help.
To be honest im not fussed if he does go down, own bloody fault for not paying money back, I am however concerned who is going to run that van while he picking up soap in the prison showers., I know im a heartless b
d.So, anybody any advice,tips,help
Cheers folks
I would have thought that the chance of going to prison for not paying a fine, even failing to complete a means form, is very very low. Has he perhaps done something worse and this is an excuse? Or perhaps somebody has told him the worst case scenario.
Edited by Gareth79 on Tuesday 8th June 10:24
Mate of mine was in a similar situation; moved, got CCJ, got found eventually when it got to this stage.
Turned up at Court, ordered to pay 50p per week, job jobbed.
If he has already completed the means form, and turns up to Court, then although the Court does have the power to imprison him for non-compliance, it can pretty much be guaranteed that it won't.
Oh and I wouldn't be lending him more than £100 myself.
Turned up at Court, ordered to pay 50p per week, job jobbed.
If he has already completed the means form, and turns up to Court, then although the Court does have the power to imprison him for non-compliance, it can pretty much be guaranteed that it won't.
Oh and I wouldn't be lending him more than £100 myself.
if this is unsecured debt (ie not a fine or council tax) then there is no way he will go to prison for non payment. Non payment of a CCJ is not a criminal offence, neither is it contempt. If he's lied on the court forms thats another matter............
In any case, lending him money will not be needed and he needs to make an offer to the court he can afford and/or he will be looking at an attachment of earnings, bailiff visit or at worst, if he has property, a statutory demand or charging order.
In any case, lending him money will not be needed and he needs to make an offer to the court he can afford and/or he will be looking at an attachment of earnings, bailiff visit or at worst, if he has property, a statutory demand or charging order.
Chances are he was summoned for an oral examination 
where the court wanted full evidence of his financial means and any assets, property or goods owed, in relation to an unpaid court judgment. Non-attendance is considered contempt of court and is usually followed by an order requiring attendance, in default of which he can be jailed for contempt. Sounds like he's actually missed a couple of appointments and has therefore severely pi$$ed off the court.
ETA - he is supposed to bring the form to an interview with a court officer who will go through the form with him and ensure all sections are completed. The creditor is also entitled to have someone in attendance to ask questions about the financial position and see if any kind of payment plan can be put into place.
where the court wanted full evidence of his financial means and any assets, property or goods owed, in relation to an unpaid court judgment. Non-attendance is considered contempt of court and is usually followed by an order requiring attendance, in default of which he can be jailed for contempt. Sounds like he's actually missed a couple of appointments and has therefore severely pi$$ed off the court.ETA - he is supposed to bring the form to an interview with a court officer who will go through the form with him and ensure all sections are completed. The creditor is also entitled to have someone in attendance to ask questions about the financial position and see if any kind of payment plan can be put into place.
Edited by Andy_GSA on Saturday 12th June 13:02
dewaltman said:
He could go down if he really has had every opportunity to pay (and it's been going on for ages).
The bonus for him is that the fine is extinguished in lieu of the time spent inside!
on what basis? We dont have debtors prisons anymore. You can go down for council tax but that is all. In this case he would only go down for ignoring a summons or lying on the court forms and I would think it very unlikely in both cases.The bonus for him is that the fine is extinguished in lieu of the time spent inside!
You can never go to prison for not paying your barclaycard etc!
Smartie said:
on what basis?.
THISWheelrepairit said:
may go to prison for 2 weeks, according to the letter he has.
Wheelrepairit said:
Ajourned until tues 15th for sentercing.
I recon there's more to this than meets the eye! You don't adjourn for sentencing for a simple CCJ. I think this chap may have more on his plate than he's letting on.Well, no prison for him this time round.
£250 fine for not sending his "means" form back in time, payable over the next 30 yrs or something like that, what a joke.
As his employer ive had a letter from court asking that I deduct said money and send to them each week.
Yeah, like I dont have enough to do runnig a small company in this country.
Bless them, thanks for all your pointers folks
£250 fine for not sending his "means" form back in time, payable over the next 30 yrs or something like that, what a joke.
As his employer ive had a letter from court asking that I deduct said money and send to them each week.
Yeah, like I dont have enough to do runnig a small company in this country.
Bless them, thanks for all your pointers folks
Wheelrepairit said:
Yeah, like I dont have enough to do runnig a small company in this country.
Bless them, thanks for all your pointers folks
reply back saying fine, but you will be charging a small admin fee each week due to the extra overheads they want to impose. they would do it to us. Bless them, thanks for all your pointers folks
dewaltman said:
Smartie said:
on what basis?.
THISWheelrepairit said:
may go to prison for 2 weeks, according to the letter he has.
Wheelrepairit said:
Ajourned until tues 15th for sentercing.
I recon there's more to this than meets the eye! You don't adjourn for sentencing for a simple CCJ. I think this chap may have more on his plate than he's letting on.
Re the attachement of earnings - you can charge the employee a £1 admin fee every time you make a deduction if you wish.
Edited by smartie on Monday 21st June 12:00
smartie said:
dewaltman said:
Smartie said:
on what basis?.
THISWheelrepairit said:
may go to prison for 2 weeks, according to the letter he has.
Wheelrepairit said:
Ajourned until tues 15th for sentercing.
I recon there's more to this than meets the eye! You don't adjourn for sentencing for a simple CCJ. I think this chap may have more on his plate than he's letting on.Re the attachement of earnings - you can charge the employee a £1 admin fee every time you make a deduction if you wish.
it should make it clear on the form the court will send to the employer, it's detailed here (just a google so not entirely relevant but makes the point): http://www.goingdebtfree.co.uk/stopping-wages-arre...
Well, 2 months on and at last a "Attachment of earnings order" has arrived.
Im to send in £25 a month, on his behalf until £2416.79 has been paid off, so just over 8 YEARS then, bloody hell, what a joke.
Hes only just had a £100 a month payrise, I say give em that.
Can deduct £1 fee, too right i will.
On me sending cheque to them, they send a receipt, along with next months payslip. Jesus christ, have they never heard of payment books and bacs.
Jobs for the masses me thinks.
Edited because I cant spell to save my life
Im to send in £25 a month, on his behalf until £2416.79 has been paid off, so just over 8 YEARS then, bloody hell, what a joke.
Hes only just had a £100 a month payrise, I say give em that.
Can deduct £1 fee, too right i will.
On me sending cheque to them, they send a receipt, along with next months payslip. Jesus christ, have they never heard of payment books and bacs.
Jobs for the masses me thinks.
Edited because I cant spell to save my life
Edited by Wheelrepairit on Wednesday 18th August 11:59
Wheelrepairit said:
Well, 2 months on and at last a "Attachment of earnings order" has arrived.
Im to send in £25 a month, on his behalf until £2416.79 has been paid off, so just over 8 YEARS then, bloody hell, what a joke.
Hes only just had a £100 a month payrise, I say give em that.
Can deduct £1 handerling fee, too right i will.
On me sending cheque to them, they send a receipt, along with next months payslip. Jesus christ, have they never heard of payment books and bacs.
Jobs for the masses me thinks.
Out of interest is there any form of interest on the fine? Will inflation help him pay off the fine?Im to send in £25 a month, on his behalf until £2416.79 has been paid off, so just over 8 YEARS then, bloody hell, what a joke.
Hes only just had a £100 a month payrise, I say give em that.
Can deduct £1 handerling fee, too right i will.
On me sending cheque to them, they send a receipt, along with next months payslip. Jesus christ, have they never heard of payment books and bacs.
Jobs for the masses me thinks.
Edited by Fittster on Wednesday 18th August 11:55
What a total joke.
It really P&sses me off that people who get into financial difficulty through their own fault (they are adults FFS) and then get to a point and dedicde to go bankrupt or some silly very low repayment plan.
I know credit score is ruined for a decade but in most situations they take 10 years to be wiped clean which is far shorter than the period to clear the debt.
It really P&sses me off that people who get into financial difficulty through their own fault (they are adults FFS) and then get to a point and dedicde to go bankrupt or some silly very low repayment plan.
I know credit score is ruined for a decade but in most situations they take 10 years to be wiped clean which is far shorter than the period to clear the debt.
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