Please help?!

guineverestar

I have to go to court tomorrow, as pasrt of an ongoing issue, as I've been issued with an 'Order to attend court for questioning' and been asked to produce all sorts of documents from the past year, which I don't have.
It's really scary, and I'm going to have to go on my own, as my friend who went with me last time can't get the time off work.
Aside from the scariness and not being able to get hold of the documents, the entire judgement is a load of crock - the woman whose taken to me court didn't inform me of starting / intending to start court proceedings, the judge didn't actually take into consideation any of my evidence, and i was supposed to get the womans evidence 14 days before going to court, but oinly got it on the day, which the judge knew.
the whole thing is sham, and i can't afford to pay it, even if it was something that actually made sense.

I'm sorry for the babbling, i don't know what to do, and I'm starting to panic. any help or advise woud lbe much appreciated.

immoral_angeluk

Without knowing the situation it's hard to know what to advise you to do.. but are you able to get the documents from elsewhere? If so I'd go in tomorrow and ask for more time to produce the documents.

hypno06

Is there any way you can call the court first thing and explain you have not had enough time to get everything together? If not, then take what you can, and explain when you arrive.

Difficult I know, but you need to stay calm and give the impression you are in control, even if inside you are turning somersaults in your tummy.

I'm afraid I don't have any constructive advice, but good luck tomorrow.

insider66

Not read all this website yet, but it may help.

http://www.justice.gov.uk/civil/procrules_fin/contents/practice_directions/pd_part71.htm



Can you be more specific what all this is about?

guineverestar

Thankyou so much for the prompt replies.
Basically, I answered a wanted ad last summer for a wedding photographer...I don't do anything professionally, but took along some snapshot type things and she said she wanted me to take the photos - I was very clear I wasn't professional, and was doing it as a try thing, and that sort of thing.
So, I did the photos, (and the cake incidentally), which, in my opinion, and most other peoples, were fine. She said she wasn't happy and wanted the money back (£250 to basically cover my costs), as she had seen the photos and okayed them before giving me the money, i said no.
The next I hear (months and months later) is that I've been taken to court for the money plus some - but i didn't get any of the paperwork, so I get the judgement set aside and a new date set. So She didn't inform me that she was taking me to court, or starting proceedings etc.
I sent off all my paperwork/evidence so that it arrives 14 days before the courtdate - but I didn't recieve anything from the woman, so I presume she hasn't sent anything in, and the court officers say that they've not recieved anything when i check a week before the courtdate.
Se we go to court, and the judge has a whole load of paperwork from Her, I point out that I didn;t recieve any of it, and the judge just waives it by and says, 'oh, the court officers must have forgotten' she then doesn't look at any of my paperwork, and rules in the womans favour. to the tune of £900.
I've not paid any of it, because im pretty much petty and bitter and believe that the judgement is not legal, plus i don't hav ethe money to pay it and you now, keep a roof over my head and food in my mouth etc.
Then I got the order to attend court for questioning.
(Ignored it becuase i'm dunb and thats my coping mechanism after many years of depression induced debt problems and trying to cope with everyday life, never mind this woman making my life hell)

Sorry it's long, its a bit more complicated, but im stuck and scared and know I shoudl have done something about it all earlier.

insider66

This is some more info....


Order to Obtain Information

If the Claimant has reason to believe that a Defendant who has failed to discharge a Court Order has adequate assets to discharge same they can apply to the court for an order compelling the Defendant to attend and provide information about their financial assets. This option is not strictly an Enforcement option but does provided the Claimant with adequate information for the selection of the most appropriate option.

The process provides a number of controls in order that the Court may properly ensure that both the Claimant and Defendant are treated in a fair manner. The Defendant (called Judgment Debtor for this procedure) is served with a notice requiring their attendance at court with all or part of the following information:

• Details of income including pay slips, pension income, investment income etc.
• Full details of all bank accounts with original statements and pass books.
• A statement of income/expenditure showing all income and outgoings.
• An asset statement showing investments (stocks, shares, bank deposits, property etc).
• Proof of Income Support payments if applicable.
• Proof of rent payments, Council Tax, utility payments and all other outgoings.

If the Judgment Debtor is a company management accounts supported by audited accounts for two years must be produced.

During the hearing information is provided by the Judgment Debtor on oath to an officer of the court and the Claimant has the option to submit relevant questions to the court officer in advance.

The requirement for the Judgment Debtor to attend at the hearing is not negotiable and the court can impose strict penalties including imprisonment for failure by the Judgment Debtor to attend. It must be noted that the Judgment Debtor has two opportunities to attend and the court may require the Claimant to provide travel expenses to the Judgment Debtor if they claim to be impecunious.

If the Judgment Debtor is a company, a named officer of that company will be required to attend on behalf of the company.

penguin83

Hi guinevere - first off make sure you attend the order for questioning tomorrow. They are in front of a court officer and not a judge and it is a booklet of questions that the court officer will ask you and you will need to answer. You are under oath whilst you are being examined but dont worry too much about the documents - explain at the beginning that you havent been able to find them all and you will be able to forward them on afterwards (I havent had one yet where people have brought all the docs with them so dont worry!)

Attending the Order for Questioning is important as it is one of the few things that the county court bailiffs can arrest you for. You will need to speak to an advisor at the CAB or similar with regards to your other queries as you will need to appeal the original order rather than applying to have it set aside. Appeals can be expensive so therefore it is best to get some proper advice before you decide what to do next.

Sorry this is so long and I know I have garbled but hopefully it will help a little. xx

guineverestar

Thankyou

Ok, So, I go and I give them the bank statements I just printed off from my internet banking, say I dont have the others, but can forward them to the court. I answer the questions. Random question - it looks like from some of the paperwork that she coudl be asking my questions...does that really have to ahappen?

One of the questions on the list that she's produced is the name/address etc of my employer. I'm only temping at the moment, and (even if I wasn't) there is no way I want her to have my employers details - last summer she got quite nasty and contacted and pestered an organisation im involved with that had nothing to do with her, and she's also stayed outside my house waiting for me to go home untill 3 am...I don't trust that she won't go and call.visit them and pretty mush wreck their currently good opinion of me. Can I explain this to the court officer? Will they understand do you think?

I spoke to a CAB person before going to court, and they said that because I wasn't imformed that she was starting court proceedings, the court couldn't put an order in place. I'm not that trusting of them!

Thank you so much for your replies, it's helped!