Order to attend court for questioning

BitterAndTwisted

Have all the evidence to hand to prove what you're earning and what you absolutely necessary payments are. They will take what they think you can afford to pay from your wages without causing unnecessary hardship.

rebeccaannmarie

Sorry, not trying to get out of paying at all - I just think it's odd that they wouldn't contact me for so long despite having all my contact details!

In terms of proving what I pay to my parents for rent, how would I go about that? Would a letter from them confirming the amount I pay be enough?

poppy10_2

rebeccaannmarie wrote: »

I just think it's odd that they wouldn't contact me for so long despite having all my contact details!

Did you actually give them your updated contact details? From your earlier post it seems you were expecting them to find you from the electoral roll or the phonebook.

Dan:_4

Rebecca - firstly ignore all the rubbish advice posted on here.

Go to court, tell them you work part time and have no money - end of aggrevation.

F_T_Buyer

What is happening here is an oral examination, it takes place under a judge or court officer. Basically the landlord wants to know your financial situation, what assets you have, your income/expenditure and any other debts. They will want to know your bank account number (not sure on this one to be honest*). All of this will be in a court, so if you answer falsely it will be perjury and a criminal offence.

The landlord will then have enough information to decide what to do next. If you turn up and say yes, I've got a £4-5k car, I (if I were the landlord) would get the bailiffs in to seize it.

I'm not sure what you owe, and your outgoings but you really need to think how you are going to repay this. They are options of going bankrupt, debt relief orders, but the point is you need to take this seriously.


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*I took my ex-employer to an oral examination (a decade ago) to find out the company's finances, whether other employees were being paid etc etc. The one thing I really wanted to know was what assets the company had, and the bank account number (sort code and account number) - with the bank account number I could get the account frozen and take any funds. However, I'm not sure how this would work with an individual.

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Edit:

Have a read here: http://www.compactlaw.co.uk/free-legal-information/small-claims-court/enforcement.html

In note of Dan's post, you cannot turn up and just say "no money guv, cya". You need to explain why. Also if I were the landlord I would ask "what assets do you have over £100 (or whatever)", of which you will be obliged to answer.

RecoveringAlcoholic

I know of a Judge suspending such a hearing to give the defendant time to obtain a professionally produced Financial Statement.

AlexSnow

You may wish to have a look at the questions that they are going to ask you so you can take the time to ensure you have all of the documents available. This requirement to attend court is nothing to worry about. It is simply, as other people have said, an opportunity for the landlord to see what (if anything) you have that may be worth them trying to get an order against to recover their debt.

hmctsformfinder.direct.gov.uk/courtfinder/forms/ex140_0403.pdf

Remember - if you need money to cover your travelling expenses to get to or from court the Landlord is obliged to pay it if you ask for it quickly (although they can add this to your debt).

cottonhead

Maybe the fact that you allowed 18 months to pass without trying contacting them ( I know you tried once ) . In their eyes thats 18 months when you did nothing about the debt and could have been paying it.
I guess all you can do is explain the situation and offer to make a token payment from your benefits to show you are taking it seriously. Once you have a job agree to let them know and up the payments. See if it works. Also have you considered just getting an odd job till something else comes up ? There are Xmas jobs about or just shelf stacking etc would get you more money than JSA or perhaps you are too ill to work I am not sure. Explain it all to them and if worse comes to worst go to court, explain and they will probably have to accept small payments - if you dont have the money they cant take it.

Dan:_4

F_T_Buyer wrote: »

In note of Dan's post, you cannot turn up and just say "no money guv, cya". You need to explain why. Also if I were the landlord I would ask "what assets do you have over £100 (or whatever)", of which you will be obliged to answer.

I am assuming with the OP only in part time work, probarly on min wage and living with the parents then "no money guv" is not too far from the truth.

There is little the courts or the landlord can do.

Im sorry, but you can't get blood out of a stone.

F_T_Buyer

Dan: wrote: »

Im sorry, but you can't get blood out of a stone.

I quite agree. Although the OP should prepare, and be able to show this is the case.