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CCJ - Court and Prison
Mancunian
Posts: 963 Forumite
My friend who isnt computer literate has asked me to post.
He had a CCJ issued due to £3000 being owed to Coop Bank.
He has started getting letters from the County Court saying he must fill in an finance statement thingy and is being threatened with the prospect of £250 find by the court or up to 14 days in jail.
I advised him that I thought this was a 'private' debt and the court shouldnt say that, they only do that for Official debts ie. poll tax, parking fines.
I thought if the company owed the money would get the CCJ ruling then have to fund chasing the possible recovery themselves.
Can anyone back me up on this, just so I don't mislead him.
many thanks
He had a CCJ issued due to £3000 being owed to Coop Bank.
He has started getting letters from the County Court saying he must fill in an finance statement thingy and is being threatened with the prospect of £250 find by the court or up to 14 days in jail.
I advised him that I thought this was a 'private' debt and the court shouldnt say that, they only do that for Official debts ie. poll tax, parking fines.
I thought if the company owed the money would get the CCJ ruling then have to fund chasing the possible recovery themselves.
Can anyone back me up on this, just so I don't mislead him.
many thanks
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Comments
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Sounds as if the creditor has applied for an "order to obtain information".
http://www.hmcourts-service.gov.uk/courtfinder/forms/ex324_0309.pdf
Ultimately, failure to comply with one of those could result in the sanctions you mentioned. Only as a last resort though, once they have had more then one opportunity to comply with the order.
They/you need to have a word with the court to check the validity of the letters, and what action is required from them.Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
In the past I have had 2 CCJ's never any say anywhere of jail!!
Only if its tax relaited, but even jail is the very last resort say a council would do.
please read here and even if he cant pay, there is still a form you should send to the court
http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/CourtClaimsAndBankruptcy/DG_10013083
Would call CCCS or Payplan their help is free and will sort this out for you.
Please dont worry.
k.If you want to see a rainbow, you have to get used to the rain.0 -
http://www.hmcourts-service.gov.uk/infoabout/enforcement/information/court.htm
"The order also contains a warning to the judgment debtor or officer that failure to do what the order says, may result in imprisonment."
Is the letter they have received an order on a Form N39?Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
Attachment of Earnings Forms also carry a warning of arrest and imprisonment if you dont comply. xxPay Debt by Xmas 16 - 0/12000
There is something about the outside of a horse that is good for the inside of a man.0 -
Attachment of Earnings Forms also carry a warning of arrest and imprisonment if you dont comply. xx
That I didn't know, or had forgotten.
Still shouldn't be ignored then...Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
have searched high and low...
still cannot find going to jail for a unpaid debt!!!
tax YES... loan, credit card NO!
k.If you want to see a rainbow, you have to get used to the rain.0 -
If you want to see a rainbow, you have to get used to the rain.0
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It would not be for an unpaid debt. It would be for failure to comply with a court order to provide information relating to a debt case. ie contempt of court.keith_lard wrote: »have searched high and low...
still cannot find going to jail for a unpaid debt!!!
tax YES... loan, credit card NO!
k.Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0 -
http://www.hmcourts-service.gov.uk/infoabout/enforcement/ae/noreply.htmWhat if the defendant does not reply?
If the defendant does not send back the form, the court will try to contact the defendant and get a 'statement of means'.
A bailiff will serve an order telling the defendant to fill in a statement of means. If the defendant still does not return the form but the judge thinks the defendant knew about the attachment of earnings application, the judge may issue a warrant to arrest the defendant.
The bailiff will arrest the defendant and may bring him or her to court to fill in a statement of means.Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0
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