letter to atend court for questioning

chester-lad

Hi all had a letter hand delivered just now to atend court for questioning.

Letter says

A judgement or order was given on the 20th February 2012 by the county court business centre my name to pay the judgment creditor of £2.690.97

You must atend court or be sent to prison for contempt of court .

I will be honest I've never reply ed to any letters or calls

And the debt I'm not sure what it's for only thing I can think of is a pc I bought from pc world on credit when I was younger I was 16-17 at the time they used my bank account but my dad's name but we both have the same name but I have a middle name .

What so I do ?

chester-lad

The debtor is aktiv kapital

Marktheshark

Has the letter come from a court ?
Only a court can summons you to a court.

chester-lad

There's a stamp

Says the county court

mum2one

If it was me I would ring the court and ask - don't use the telephone number on the letter do a search - they may be able to put ur mind at rest xx

chester-lad

What are my options do I offer to pay them what I can afford ?

This debt is very old do I ignor it ?

tomtontom

chester-lad wrote: »

What are my options do I offer to pay them what I can afford ?

This debt is very old do I ignor it ?

Ignoring it would be very stupid - you would be in contempt and you would be arrested. You need to attend the court with details of your income and any assets you hold - they will then decide on a repayment plan.

chester-lad

What is statue barred ? Is this any good to me ?

Do I email them ?

Any one know what I should as for ?

dancingfairy

Statute barred is where you haven't acknowledged the debt for a period of 6 years or more and where the debtor hasn't taken it to court. They've been to court and you've now got a judgement against you (Assuming it is you and not your father). They are now seeking to enforce that and get money out of you. In order to decide whether to go down the bankruptcy route, whether to send bailiffs, whether to attach your earnings etc they have ordered you to court for questioning. This is where you will need to provide details of your income and outgoings and I believe other things such as your employment status and possibly bank accounts.
If this is genuine it is a very serious matter and refusal could see you being arrested. You must take this seriously.
df
Edit: this is not a commonly used enforcement technique and I couldn't find anything on the National Debtline website about it but did find this on the citizens advice website: https://www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/how-a-creditor-can-get-information-about-your-finances/
I suggest if you are at all unclear that you phone National Debtline or Stepchange for advice. Do make sure that you tell them the situation and that it is fairly urgent.

Cornucopia

To reiterate the good advice already given...

- Don't ignore it.

- Do find the number for the Court from an alternative source to the letter and phone them. Or go there in person. Don't bother emailing.

- Do be prepared to ask what the debt is, and for proof that you owe it.

- Prepare figures and supporting evidence for your income and expenses so that the Court can set a payment plan, assuming the debt is legitimate and correct.

- Do prepare to prove your identity if there is some question as to who the debtor is. (Aktiv Kapital is the creditor).


Statute Barred refers to debts that are too old to be enforced. You won't know whether that applies until you find out what the debt relates to.

dancingfairy

It is very late in the day now for challenging the debt as the time to do it would have been in 2012. That's not to say that it's not possible, merely you are likely to face questions as to why you haven't dealt with it before now.
If this is a route you wish to go down then I suggest you seek advice from National Debtline or Stepchange. I believe first you would need to get the judgement set aside (ie get the ccj wiped) and then the judge would hear the case again but I'm not sure how this works to be honest.
df