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It's not me, it's family members which makes it extra difficult because whatever the morals (and I know there are plenty that'll read this and say it's a problem of their doing, let them sort it) - I can't. It's long but I really need sensible practical advice - even though a spade and a new patio is a compelling alternative.
It started ages ago when my BiL who has a decent job (prison officer) got himself into trouble with a girl and ended up having to pay child support. As a result he got into debt. He came to me and asked me to be a guarantor for a loan with one of the Wonga-a-like agencies and naturally I told him to get stretched - as per other threads I don't share a mortgage with my wife and partner of 21 years because she doesn't have a good credit rating and there's no way I was going to tie my rating to his!
Instead, I took out a bank loan and gave him the money with him repaying me the repayments. May even have been against advice on here at the time - but there you are. It went well for a few months, with money coming in on the nail and then it started being a bit short and I'll pay you extra next month and ...... and then stopped. He still owes me £7.7K and I don't think I'll ever see it although his Mum (my MiL) has apparently made that provision in her will.
But he then asked his Mum the same question and against my advice she agreed. You can imagine the rest - loan defaulted, and they are both jointly liable. But because he hasn't a bean and she has a house and a car and things, they are pursuing her for the money. Yes, I know that's what a guarantor's for.
Right, scene set - she came to me with the 'they won't pursue a 73 year old widow will they?' and I told her absolutely, they'll hound you. But she won't communicate with me properly about it, so I'm giving her advice without any facts or paperwork about what they're actually asking for. She (supposedly) went to the CAB and they gave advice on how to deal with them, but whatever steps she took it resulted in court papers. Which she (again apparently) filled in and sent back to them. I say apparently because I haven't seen either of the CAB advice or the court papers because (facepalm) she didn't keep a copy. And now the court has issued judgement and a chance to pay promptly and have judgement set aside. I have seen this judgement (although she then took it off me again) and it says that it is issued against her +1 (which is obviously the BiL) but the order to pay and document is all then in her name and sent to her address, etc. She says she wrote to the court along with the papers explaining the situation and giving full contact details for the BiL but again get this - no copy kept, and even better she sent it just via regular mail and the court says they received nothing. No Proof of Posting, certainly not signed for. Facepalm again - but I'm suspicious.
Right - here's the issue.
1/ Owing £4.5K to the loans people via the court. Is it too late to ask for a repayment schedule now or do the court still give that alternative?
2/ If no alternative, what can the court allow to be done? eg: bailiffs, and if that happens what are her rights about access / what can and can't be taken. Example - car? She lives in a remote hamlet 120 miles from us so I can neither get there when the bailiffs come knocking nor can she really do without a car.
3/ Do they have any financial rights to her house - in the grand scheme it's a small debt so forcing the sale of a house is probably impractical but could they. It's been equity released so she doesn't own it all anyway.
4/ She claims to have no savings and lives off state and a widow's pension month to month. I don't know if this is true or not.
5/ What would happen if she declares bankruptcy - is that an option?
6/ Bottom line is that I can very easily (decision in 5 mins stuff) get another loan and pay it off. Which i think is what she wants me to do. Whether she pays it back slowly, or makes another will provision or what, I don't know. And while every sinew says 'once bitten' - as I said at the start it's family stuff and hence I can't just wash my hands of it.
Anyone got any sensible advice or do i just grab the spade and start digging?