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letter to atend court for questioning

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  • Ok so let's say it's a debt for me and not my father do I call the county court of the debtor ? To make a offer to pay them ? Do they need to proof it's my debt first ie have my date of birth and what i signed ?
  • fatbelly
    fatbelly Posts: 22,980 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    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 ?

    You attend as ordered. If it is yours. Did it have your middle name?

    The process is set out here

    https://www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/how-a-creditor-can-get-information-about-your-finances/

    and the form you are asked to complete at court is this one

    http://hmctsformfinder.justice.gov.uk/courtfinder/forms/ex140-eng.pdf

    It has to be completed accurately as of the time you sign it. But there is nothing to stop you going out the next day and changing your bank, job, car etc.
  • Lungboy
    Lungboy Posts: 1,953 Forumite
    Part of the Furniture 1,000 Posts
    Ok so let's say it's a debt for me and not my father do I call the county court of the debtor ? To make a offer to pay them ? Do they need to proof it's my debt first ie have my date of birth and what i signed ?

    Just a small point to avoid confusion, you are (potentially) the debtor, they are the creditor.

    Don't ring them, ring the court to check the summons is legit, then follow all of the other advice already given.
  • Attend court.
  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
    Tenth Anniversary 1,000 Posts Combo Breaker
    It appears to be an Order to Obtain Information. The letter from the court should detail what information they would like you to bring to the hearing. The other posters on here are all correct; you must attend the court (assuming the letter is genuine – which you can check with the court).

    If you feel the debt was statute barred before the judgement was obtained then you can also consider trying to have the CCJ set aside. (At the hearing to obtain information you would normally ask them to suspend the proceedings pending your set aside application). If you apply to set aside a CCJ the court will normally assess things like how long it has taken you to make the application (i.e. from 2012 to present day), why you didn’t respond to the original forms and do you have a realistic prospect of a defence. You will need some legal advice before filing a set aside to check it would be suitable because if you make the application and lose there is a risk the debt may increase through legal costs of the other side.

    Laura
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
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