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Brother's ILR- CCJ and civil dispute

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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sm12
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Brother's ILR- CCJ and civil dispute

Post by sm12 » Tue Jul 19, 2016 6:39 pm

My brother has been disputing a payment due to issues with the seller. If the issue goes to court, will it affect his ILR? He is due to apply next year.

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CR001
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Re: Brother's ILR- CCJ and civil dispute

Post by CR001 » Tue Jul 19, 2016 6:52 pm

It is a civil dispute and should not. A CCJ is best to be avoided.
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sm12
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Re: Brother's ILR- CCJ and civil dispute

Post by sm12 » Tue Jul 19, 2016 7:10 pm

Hi CR001

Thank you for your reply.

Do you mean if this matter goes to court, it could be an issue? What happens if he pays it after a court judgement?

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CR001
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Re: Brother's ILR- CCJ and civil dispute

Post by CR001 » Tue Jul 19, 2016 7:18 pm

The other party, if they win in civil court, can apply for a CCJ against your brother. If it is not paid, it likely won't affect ILR but will probably affect citizenship. If the CCJ is paid in full, it will still remain on his credit record for 6 years and really affect his ability to obtain good credit. If he waits for the court to decide and loses, he will be liable for ALL the court costs and other party legal costs. Is it really worth it??

Suggest he gets legal advice on his chances as I cannot comment further on the vague information you have provided.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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