rdered to court for questioning

Hi everyone,

Just wanted a bit of advice if possible.

In 2006 i took out a loan of £750 to help me move from my parents house to my own place. Everything was fine untill the december of that month when i lost my job through the company i worked for going out of business. I contacted the lender who informed me i had PPI with the loan and sent me forms to fill in. I filled these forms in, sent them to my previous employer so they could confirm i had lost my job and they sent them to the lender. Stupidly being a little naive i thought that was it taken care of, i lived at that property for a further 3 and half years before having to move again due to losing another job through redundancy. Forward to a few weeks ago when i get a knock on the door from the old lady across the street saying she has been getting letter for me for a couple of months saying i owe £2300 and if i dont pay im going to court. It seems they lender after i moved out tried to contact me at my previous address and where given my forwarding address. From what we can tell they put number 1 instead of number 10 where i live so i never got these letters. i then informed the lender of their mistake, they changed the address and said would said me the information i needed to make an offer of payment, a few days later i got a CCJ through the door, no claim form just a CCJ, im guessing the claim form went to number 1. i contacted the courts and the debt recovery people who said sent a form in to make payments which i did. i am currently unemployed and on income based JSA. i have now been asked to go to court for questioning and in the mean time, my offer of payment form has been sent back to me because my evidence letter only said i was on JSA not income Based JSA. i just wondered if anyone could give me an idea as to what will happen. I live a home with my parents and am worried about baliffs coming to the house, and trying to take things that are not mine, as i have very little things of my own. sorry for going on but thought it best to give as much info as poss. Thanks in advance

Comments

  • Lensman_2
    Lensman_2 Posts: 1,506
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    edited 14 October 2012 at 8:26PM
    You HAVE to attend court for this questioning. You may be held in contempt of court if you do not and the consequences can be dire.

    The accounts I have read show this to be an informal session with a judge who will ask you questions about why you have not offered payment and maybe what you can afford.

    You have not been served properly and you need to look in to setting the CCJ (judgment) aside.

    I think you should ring CCCS or National Debtline or ask your parents of they can afford a solicitor for you.

    You clearly have good cause to get the judgment set aside.

    But you MUST treat the order seriously and go along in the mean time.
  • Lensman thank you for your reply, i am definitely going to attend court, and although i am on JSA am happy to make some kind of payment on the debt as i do feel it was partly my fault for not checking that my PPI was covering the loan as they said it would. Im just worried about what the court will order me to do as the thought of bailiffs coming to my parents house worries me
  • Lensman_2
    Lensman_2 Posts: 1,506
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    I think the questioning happens before a judgment is made. The judgment is likely to be for between £1 and £5 a month. However, you should say that you have not had any paperwork up to this point.

    As long as you keep up with the judgment that is eventually made (and you must) no further action can be taken. No bailiffs, not attachment of earnings order, as long as you pay as decreed.

    Please phone a debt charity in the morning and get some formal (and one to one) advice.
  • ok i will first thing, any idea who would be best to call?
  • I suggest CCCS.
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  • fatbelly
    fatbelly Posts: 20,380
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    ... or National Debtline.
  • fatbelly
    fatbelly Posts: 20,380
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    There's a court leaflet on how these things get applied for

    EX324

    and the actual form you will fill in (with the help of someone from the court staff) is here.

    EX140

    It should impress them if you actually print this off and fill it out before you go. They will still transcribe it on to their form but it gives you chance to think about the questions.

    Remember this is about the creditor identifying the best way for them to enforce the judgement.

    So if you list a car or other substantial assets, you may well get a visit from the court bailiff.

    If you work, you may get an attachment of earnings.

    If you own a house, there may be a charging order.

    If you have savings or money held by a bank or other organisation, there may be a third party debt order.

    A statutory demand (bankruptcy) might be another option.

    You must declare what the true position is on the day you sign the form. But that doesn't stop you from doing normal things immediately afterwards, like deciding to move your bank account, or get a new car or a new house or job!

    The whole thing sounds over-the-top to me for a debt of £2300 and someone on IBJSA. The creditor is throwing good money at a situation where the debtor might just pay £90 and do a Debt Relief Order.
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