What happens when your taken to court?

pnq06

Hi all,

Can someone with experience please tell me what happens when your taken to court for an outstanding debt?

My current circumstances are that I don't work and have no income, I'm heavily pregnant (hence not having a job) and rely on my partners income- it is not his debt....

We have a joint bank account (obviously I'm not contributing) and he has recently received a refund for cancelling his PPI which hasn't taken us out of the red but still looks like there's money in there. Can they order that I pay with this money? Also my partner has several possessions with slight expense, can baliffs take them?

Any help much appreciated!!!

:beer:

rog2

pnq06 wrote: »

Can someone with experience please tell me what happens when your taken to court for an outstanding debt?

First of all, pnq - there is, generally, no need for you to personally attend the court, although I would reccomend that you do.
On receipt of a Court Summons, you will have several options:

1. You can admit liability to all, or just part, of the debt, and make an offer of payment, accompanied by your SOA, which you then send to the court. The Court will make a 'Judgement' based on both the information that you have supplied, and that supplied by the claimant. It is unlikely that the Court will order you to pay more than you can afford, and will, usually, tell you to pay £xx a month - this 'Judgement' is just as binding on the claimant as it is on you, and they, the claimant, can NOT harass you to make any payments over and above what the Court has 'judged' proper.

2. You can dispute the 'claim' in which case you will need to provide the Court with full details, and reasons, why you dispute the claim. The Court will make its judgement based on that information.

3. If you wish to attend the Court, yet the summons has been issued by a Court which is a long way from where you live, you can request that the hearing be transferred to your local County Court. Many Creditors/Debt Collectors prefer to use the 'fast-track' bulk handling Courts, like Northampton, where claims tend to be 'rubber-stamped'

4. If a court issues a judgement against you, you will have 28 days in which to appeal against any unaffordable payment conditions, or to 'pay' the judgement in full.

5. Court Bailiffs will NOT be used until this period has expired, or unless you have 'defaulted' on a CCJ.

You STILL have rights, when having to deal with Bailiffs, but we'll cover those if, and when the need arises.

In the meantime, ask yourself if the matter can be resolved without the need for Court Action. Why not give us the details surrounding your 'alleged debt' and we'll be able to see if there are any other options open to you.

Good luck

pnq06

Thanks for that Rog...

Unfortunately its a "priority" debt with the CSA. Strange I know cos I'm the mother- unfortunately by my son staying with his dad it was meant to help out with child care expenses etc. not create a whole new debt.

I tried to negotiate the debt with them, well I say 'I' by that I mean my partner offered payment and I spoke on the phone... It was basically laughed at cos it was so small but it was honestly worked out down to the penny and when they said that they would still take matters further, my partner told them to jump as we need that money more than they do. More to the point- it was my partners money...

So far they have given me wrong info, messed up my case, asked me to borrow money, taken 3 years to give me a statement and also told me that its likely I'll go to prison as I can't pay the money at the moment due to no income.

I spoke to a woman who's representing the csa on the phone today, she said that the court won't take my income (or not as the case is) into account but instead order me to pay the arrears.. I really don't see the point as its obvious I can't pay and I've also had CAB write to them explaining that I own nothing of value so maybe prison doesn't seem such a bad idea :rolleyes:

If I show an SOA in court how exactly do I go about it as its my debt and not my partners so surely it will have income- £0 Outgoings- £0.

thanks for your help and apologies for babbling, I'm just a bit stressed at the mo.

rog2

Sorry to hear that, pnq - I'm not at all clued up on CSA matters, but I do know that they have a very bad track record, themselves, and it seems a bit strange that they won't listen to you.
As far as I know, being a Government Department, they should have a Charter and an Appeals procedure, that you could follow.
Hopefully someone, with direct experience of dealing with CSA, will pick up on this thread.
I can only reccomend that you continue to discuss it with CAB.

pnq06

Thanks again Rog...

I seemed to have missed the appeals procedure with them... Maybe its because I don't deny the fact that I owe money- however I do dispute what I owe and why cos they themselves don't seem to know!!!

As far as I know and what they've told me, its all very much the same as any other procedure with going to court, baliffs etc. It just seems frustrating when there is nothing I can physically do to get the money!!!

Do they have any rights to demand that my partner pay any of the money do you know?

rog2

pnq06 wrote: »

As far as I know and what they've told me, its all very much the same as any other procedure with going to court, baliffs etc. It just seems frustrating when there is nothing I can physically do to get the money!!!

If you can prove, to the court, that whilst not denying the debt, your current circumstances do not allow you to pay, then they SHOULD consider ALL offers by you.

As it is of such a specific nature, I suggest that you go back to CAB, who may be able to get you a 'legal aid' solicitor.

pnq06

Many, Many thanks for your help