Order to attend for questioning

Lachk

Hi all

Long post, apologies in advance...

I have just received an Order to attend for questioning with regard to a CCJ issued in my absence in January this year.

I received the paperwork for the original claim late last year at my old address. I informed the court that I had moved and was using a care of address as I was, and still am, hidden homeless(basically relying on friends for a place to sleep). It would appear that the CCJ was issued in my absence as I had not received any paperwork through.

At the address I have been using to receive post an Order to attend for questioning was hand delivered, after I made an arrangement to meet the person delivering it after a failed attempt.

The CCJ is for over £5k and I am after some advice on what they will want from me, I know the list of documents to provide of course, I have just lost my job and I am about to make a claim for JSA in the short term.

Can I make an offer to pay? I really want the stress of this gone.

I was living in a mortgaged property with my ex and my kids but the relationship broke down, I moved out but continue to pay the mortgage so they can remain in that house. Can the court force me to sell their home?

I am really worried as this has arrived at a really stressful time and I just want to get it sorted.

Any advice gratefully received.

Lachk

Also, having read for endless hours on the internet today. Can I make an offer to pay using form N245 before the hearing date? Would this negate the need to attend if accepted?

I really do not want to go to court!

National_Debtline

Hi Lachk,


Normally the order to obtain information document will specify what details they need off you. It is very important that you attend the hearing with the appropriate information, and that includes taking a SOA. At the hearing you can then show your SOA and try to make an offer on the judgement. The creditor will then assess what type of enforcement action they wish to use and the first thing they are likely to do (if they haven't already) is to apply for a charging order on the mortgage property.

A charging order does not mean you will lose your home. IA charging order is security on the property until the house is sold. You should be able to arrange instalments on a charge (through the court) to prevent the possibility of the creditor apply for an order for sale. So try not to panic.


Laura
@natdebtline

Lachk

Many thanks Laura, that makes me feel a little less worried, just a little!

What is an SOA? I know I should probably know.

Also can they charge interest on the debt still even after an agreement is made (either through them accepting it or me making payments against a charge on the property)? I am worried this could just keep increasing.

They also advise they could levy court costs against me as well, are these likely to be just the £50 they have paid to issue this order or more again?

National_Debtline

Hello again,


Don't worry - an SOA is Statement of Affairs (your income and expenditure form). You can fill one in here and post it for more advice - http://www.stoozing.com/calculator/soa.php


Interest after judgements will depend on what the debt was for originally - if it was a consumer credit act regulated debt (such as a credit card, loan etc.) then normally the interest will be frozen once the judgement is obtained. But if it wasn't regulated then they may be able to charge statutory interest at 8% per annum.


As far as the charges are concerned I am afraid there is no way for us to know for sure. You will be liable for court costs but how much they are can vary depending on the costs incurred by the creditor. (i.e for seeking legal advice/ support).


Laura
@natdebtline

sourcrates

Lachk wrote: »

I really do not want to go to court!

Hi,


Going to court for a debt hearing, is not like going to court for a criminal case.
The judge will be in a suit, not robes, and there will probably only be you, the judge, and there solicitor or representative, so it will be a fairly informal meeting.

fatbelly

I think for an order to obtain information, you just sit with the court clerk and go through a form.

This one

http://wbus.westlaw.co.uk/forms/pdf/cpf03023.pdf

Non-attendance for this is one of the few things in the debt world that you can be jailed for. So you should go.