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Response to 12 Year rule?
from gary cross (gary.cross@wynnster.co.uk)
MR GORDON BENNET.
All you say above sounds about right as far as i can see. The problem
is if someone has a debt of say £40,000 or less they have no reason
to go to court. This is due to the facts relating to the kind of
settlement you should be able to agree. This is normally around 10%
of the debt. I myself am in the middle of a case. My solicitor asked
for the claim to be set aside through the courts but the first judge
found against me which my solicitor found hard to understand. We have
now taken advise from a barrister who feels i am in the right. we
have now asked to have the debt set aside again. The main problem is
this case will cost me £5,000 + and if i loose i have to pay all the
costs. I think you can now see why no one has gone to court. The
creditors will just pull out of the case if it looks like it going
against them also. I have spent £1,000 just to get to the setting
aside stage. Also if i loose i have the whole debt of £15,000 to pay
in my case. If people are willing to cover my costS and the
possibility of me having to pay the debt i would take it all the way.
I do not think this will happen though, do you. Regards g.c.
(posted 8659 days ago)
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