court summons

john1991_2

Hi guys I'm on here to ask for a little bit of advice. I received a court summons this morning about a debt company wanting to take me to court for £460. Is there anyway I can get out of this? I live in Scotland and I am on dla and esa benifits. I also suffer from anxiety depression and a few other conditions so I really don't want to go to court. I am also not the one responsible for this debt it was someone else using my name who is a family member which is why I never took it any further

spacey2012

Then I would turn up at court and inform them it is not your debt.

john1991_2

spacey2012 wrote: »

Then I would turn up at court and inform them it is not your debt.

Thanks for the reply but is there any other way to handle it?

19lottie82

Hi OP, you really need to address this NOW. I appreciate you have depressions and these things are hard, but I'm presuming that this is one of the reasons why this has got so far (court)?

Do you have someone that could go with you to court to support you?

I'm afraid that you will need to go along and explain the situation. You may also need to involve the police, as this is fraud.

19lottie82

john1991 wrote: »

Thanks for the reply but is there any other way to handle it?

Perhaps call the police and report your relative for fraud. Though you might have to do this anyway.....

spacey2012

If you are aware someone has committed fraud and you are covering for them you could be assisting an offender.

john1991_2

So really I have no option but to go to the police and tell them who it was? Really don't want to go down this road

stevemLS

I think to suggest he may be guilty of assisting an offender is a bit extreme. OP has not actively assisted his relative but has not reported the circumstances to the police - that in itself does not have the necessary ingredients of the offence of assisting.

OP, you have two choices - one to defend on the basis that your name has been used fraudulently - in which case in order to be credible you will have to inform the police.

Or, you can accept responsibility for is (I know it isn't your responsiblility but if you don't do the above, you have no credible defence). If you admit it, they will get judgment, if you can pay within 28 days it won't be recorded as a CCJ against you.

Tough situation for you and I can perfectly understand why you are finding it difficult.

TBagpuss

Bear in mind that reporting it to the police does not mean that your relation will necessarily be prosecuted. You will be able to tell the police who you believe it is, and should be able to get a crime reference number etc to produce to the court. That does not mean that thee would be enough evidence to lead to them charging the person you believe is responsible.

whatever you do about about going to the police,it is really important that you do complete and send back the answer section of the summons, stating that you dispute the whole of the amount on the basis that you have never had any contract or involvement wit h the creditor and that you believe that you have been a victim of identity theft or fraud and that another person has fraudulently used your details.

CAB may be able to help you with the forms, but read it carefully as there will be a strict time limit to get the response in.

While I can understand your reluctance to involve the police as this is a family member, it may be better that it happens now, in relation to them having stolen a relatively small sum of money, than for them to be caught later, when perhaps they may have stolen more, or on multiple occasions, and get into far more trouble.

Of course,. you could speak to them and give them a last chance to repay the stolen money, including all fees and charges listed in the summons, and pay it off - in those circumstances you would not need to involve the police, although you would most likely still have some damage to your own credit rating, as presumably there were missed payments before the creditors got as far as taking it to court.

sourcrates

john1991 wrote: »

Hi guys I'm on here to ask for a little bit of advice. I received a court summons this morning about a debt company wanting to take me to court for £460. Is there anyway I can get out of this? I live in Scotland and I am on dla and esa benifits. I also suffer from anxiety depression and a few other conditions so I really don't want to go to court. I am also not the one responsible for this debt it was someone else using my name who is a family member which is why I never took it any further

Hi,


Was it a genuine court summons, or a letter stating we "may" "could" "might" take you to court ?

Aquamania

john1991 wrote: »

Hi guys I'm on here to ask for a little bit of advice. I received a court summons this morning about a debt company wanting to take me to court for £460. Is there anyway I can get out of this? I live in Scotland and I am on dla and esa benifits. I also suffer from anxiety depression and a few other conditions so I really don't want to go to court. I am also not the one responsible for this debt it was someone else using my name who is a family member which is why I never took it any further

The summons tells you what sort of response you may give and how.