Application in process and court judgment

[zamaha]

Dear members
I have applied for initial application 17 months ago and still nothing.
Now I am in middle of big problem that need your advice.
somebody blamed me for the money that owes to a company and as he knows my situation with visa that I try to keep all my records clean, he is not answering or replying me or that company. So, they want the money from me.
Lawyers say I need to go to the court and defend myself although there is a chance that court may not accept it.

So, If I go to the court and judge says I have to pay the money and get a court judgment, does it affect my current visa application or ILR?

It is really hard if I have to pay the money because he is British and I am affraid of my visa situation.

[marcnath]

It depends. Generally it is criminal convictions that are negative and it is unlikely that a civil judgement would impact your immigration status. But there is some leeway in terms of character, etc. that the case worker may look at any other judgements.
Though I have to say I don't get it. If someone is after you for money, it is up to them to go to court. Why would you go to court ?

[zamaha]

Thanks marcnath.
They are going to court and threaten for bankruptcy. I have two options: going to court and defend myself or pay them in full which is so unfair.
What about my current visa application? Does it get affected?
Thanks

[marcnath]

Refer to https://www.gov.uk/government/uploads/s ... -1-v28.pdf

It sets out the various conditions for refusal, whether it is your current application or future ILR.

[zamaha]

Thanks

[longwaitlist]

If somebody blamed you for the money that owes to a company. Firstly, you need to identify who is the "company", does the company is a private company?

If the company is a private company, I do not think you should be panic or whatsoever, like marcnath said, civil matter is unlikely to affect your visa application. However I want to add a few more points on top.

Regards to your so-called "debt", the creditor only has few way to collect those debt from you.
1, find a debt collector (they do not have any legal power to bring you to the court or enter your property, however some of them may claim they do, but this is not true.)
2, bring you to the court. (this is a tricky one, and most time, debt collector use this as a effective way to threaten you. They may say if they win the case, the cj may against you, and will affect you credit scored, and stay with you for 6 years or etc. My answer is depends)

Ok, here is my advice,

if they ever threaten you to bring you to the court, you need to ask yourself,do you really owe their money, if you do, you need to talk to them directly and find a solution together. You said that " he is not answering or replying me or that company. So, they want the money from me." I am confusing here, if you can not make an contact with them, how you know they want the money from you? But my suggest is if there is a debt or dispute between you and the company, write to them and post it. Make sure you keep a copy yourself, also do send it through record delivery, and try to reach a deal with them. I never seen a creditor refuse to talk to debtor, and it is unusual.

anyway, lets continue, if like you said, they refuse to reach a deal with you privately or they demand the full amount which is unfair to you, and threaten to bring you to the court, let them do so, you should gathering all the evidence and try to defend yourself through the court.

the worst situation is you lost your case, and the cj against you, all you need to do is payback the debt within a certain period of time (the court will send you a letter regards to the time frame to pay back and amount to pay back), if you do follow the guideline from the court, the cj will not affect you credit score or whatsoever. In general, the time frame is one month, in some cases, it may longer, however if you paid with in a month, your cj will not affect your credit score at all. In the other word, it will not affect your visa application at all. Unless your case is not civil matter.

I am working in finance industry, and been dealing things like yours all day long, situation like you described is no way to affect your visa application, it will never ever happened.

Last advice, do not 100% trust solicitor, if you want to have a solicitor to get involved in your case, you need to be pro-active, and provide as much evidences as possible. Many solicitor may accept any case without a proper research, so you need to be careful with their advice.

[zimba]

Unpaid CCJ or a debt without any payment plans will affect your ILR application The guide above clearly shows this.

[zamaha]

Thanks for your replys dear Zimba and longwaitlist.

[zamaha]

If somebody blamed you for the money that owes to a company. Firstly, you need to identify who is the "company", does the company is a private company?

If the company is a private company, I do not think you should be panic or whatsoever, like marcnath said, civil matter is unlikely to affect your visa application. However I want to add a few more points on top.

Regards to your so-called "debt", the creditor only has few way to collect those debt from you.
1, find a debt collector (they do not have any legal power to bring you to the court or enter your property, however some of them may claim they do, but this is not true.)
2, bring you to the court. (this is a tricky one, and most time, debt collector use this as a effective way to threaten you. They may say if they win the case, the cj may against you, and will affect you credit scored, and stay with you for 6 years or etc. My answer is depends)

Ok, here is my advice,

if they ever threaten you to bring you to the court, you need to ask yourself,do you really owe their money, if you do, you need to talk to them directly and find a solution together. You said that " he is not answering or replying me or that company. So, they want the money from me." I am confusing here, if you can not make an contact with them, how you know they want the money from you? But my suggest is if there is a debt or dispute between you and the company, write to them and post it. Make sure you keep a copy yourself, also do send it through record delivery, and try to reach a deal with them. I never seen a creditor refuse to talk to debtor, and it is unusual.

anyway, lets continue, if like you said, they refuse to reach a deal with you privately or they demand the full amount which is unfair to you, and threaten to bring you to the court, let them do so, you should gathering all the evidence and try to defend yourself through the court.

the worst situation is you lost your case, and the cj against you, all you need to do is payback the debt within a certain period of time (the court will send you a letter regards to the time frame to pay back and amount to pay back), if you do follow the guideline from the court, the cj will not affect you credit score or whatsoever. In general, the time frame is one month, in some cases, it may longer, however if you paid with in a month, your cj will not affect your credit score at all. In the other word, it will not affect your visa application at all. Unless your case is not civil matter.

I am working in finance industry, and been dealing things like yours all day long, situation like you described is no way to affect your visa application, it will never ever happened.

Last advice, do not 100% trust solicitor, if you want to have a solicitor to get involved in your case, you need to be pro-active, and provide as much evidences as possible. Many solicitor may accept any case without a proper research, so you need to be careful with their advice.

Thanks for your complete answer.
Can I send you a message and describe the situation in detail?
Yes it is a private company. And yes it is unusuall but I sent them emails and posted the letters but they are not interested in talking or negotiating!!!

[CR001]

If somebody blamed you for the money that owes to a company. Firstly, you need to identify who is the "company", does the company is a private company?

Thanks for your complete answer.
Can I send you a message and describe the situation in detail?
Yes it is a private company. And yes it is unusuall but I sent them emails and posted the letters but they are not interested in talking or negotiating!!!

The user does not have PM access as they are a newly registered member.

[longwaitlist]

If you send emails and letters, but did not get any response back. Here is a few tips:
1. make a record of when and how you contact them.
2. make sure you send the letter to the right address. (A private limited company: you need to be careful with their trading address and correspondence address, if you are unsure, check from the company house)
3. do not ignore their message and keep them update with your latest contact address. (please note: do not reply an private email which send from them or send letter to a private address, everything discussed must in written format, no phone calls).

If you did all three points above, there is nothing you need to worry about. Just wait for them to contact you. If they do not, it is their problem not yours.

I think I do answered most questions regards to debt collecting and deal with debt. As long as you do not avoid to get in contact with them, and I do not think you will have any problem. Of course, regards to the amount of the "debt". If you can not reach a deal with them, why not let the court to decide.

If you have any questions, just drop them to the forum, it will help others in the future.