Being threatened with questioning order

michael1983l

I have a small unsecured debt which I cannot currently pay. The company chasing me are now threatening me with a Court Questioning Order on which they say if I fail to respond a warrant will be issued for my arrest. I thought that not paying your debts was a civil matter and not a criminal matter so how could they issue a warrant for my arrest? Can anybody shed any light on wether if what they threaten is even possible for them to do or if they are just trying it on?

WestonDave

Failure to comply with a court order could lead to a criminal charge of contempt of court hence the arrest threat. The arrest is not directly for non payment but for failure to come before the court and explain your case. Whether its been correctly processed etc is obviously impossible to tell from here - legal advice might be wise in the event you decide not to submit to the order.

rizla_king

Do they already have a CCJ?

michael1983l

WestonDave wrote: »

Failure to comply with a court order could lead to a criminal charge of contempt of court hence the arrest threat. The arrest is not directly for non payment but for failure to come before the court and explain your case. Whether its been correctly processed etc is obviously impossible to tell from here - legal advice might be wise in the event you decide not to submit to the order.

But I have not received anything from the Court, so I guess they are trying it on then?

michael1983l

rizla_king wrote: »

Do they already have a CCJ?

I have no idea, unless one has been issued in my abscence. They do not have a current address for me.

rizla_king

Most likely a load of hot air then. Have they made this threat in writing or just over the phone?

Check for a CCJ at the registry trust maybe?

michael1983l

rizla_king wrote: »

Most likely a load of hot air then. Have they made this threat in writing or just over the phone?

Check for a CCJ at the registry trust maybe?

Just emails. Can I check the registry for free?

RAS

You have to pay to check the Registry Trust - think it is £8 per address. Do you know which address you lived at when you had this debt?

More importantly, how many years ago was it that you last paid any money towards this debt?

spacey2012

Bluster.
Why not post up this debt and its value details and the very important timeline involved.
They are some very knowledgeable folk on the debt board, you may not even owe it legally.

rizla_king

michael1983l wrote: »

Just emails. Can I check the registry for free?

No. It costs a little bit. £4.

Perhaps email them back and ask.

As your proposed course of action requires that you have a county court judgment in place, then I demand that you disclose the court and reference number under which it was obtained. Failure to do so will be reported to the OFT and trading standards, as without such an order you have clearly attempted to falsely represent the authority or legal position in this case.

RAS

rizla_king wrote: »

No. It costs a little bit. £4.

Perhaps email them back and ask.

Not until we know if this debt is about to become statute barred.