Help with court Summons.

AlanTM82

Good afternoon and thank you for taking the time to read this. I've struggled a bit with debt the last few years but have been trying to face up to it. I've been dealing with step change but haven't finalised a dmp with them , it's been really stressful. This morning I got a lot a court Summons for FAILURE TO COMPLY STATEMENT OF MEANS, I thought I'd filled it and returned it but it must have been for another debt, I do struggle opening post with anxiety, I'm sure a lot know how this is. I am at the point of sick how becaise it's saying i may go to jail, is that a real possibility ?? The amount is £400, if I borrowed the money and paid it before the date would that help me?? Any advice would be greatly appreciated , feel like I'm at an all time low.

Karonher

Hopefully someone with more knowledge will come along but I have just googled this and hope it is the same form you mean.

https://www.gov.uk/hmrc-internal-manuals/debt-management-and-banking/dmbm667590

I think this is the bit relevant This orders the judgment debtor to attend court at an appointed time to give good reason why he or she should not be sent to prison for 14 days or fined up to £250. The N63 also advises that if the debt is paid in full or the statement of means is returned to the court immediately, the judgment debtor may not have to attend the court.

As I say I am not 100%sure this is the form you mean.

sourcrates

Hi,


All they want from you is a statement of affairs, income/expenditure, in order to determine how much per month you should be paying to whatever debt it is they have taken you to court for.


Does the letter make reference to a form number ?


Most court forms are available online, you simply download it, fill it in, send it back to the court straight away, job done.

AlanTM82

Thank you both, it simply states Failure to comply statement of means, 'this could result in committal to prison', my friend is going to borrow me the money to pay it on Monday, and I'm just hoping that is enough. i've got a number for the court Bailiff which I'll ring Monday, just wish I could sort it today. I'm going to chase up my dmp woth step change too, I know they're great and free, but I've given them all my information more than once and every time i think I'm sorted they ask for more, or information I've already submitted.

Nihil5320

AlanTM82 wrote: »

Thank you both, it simply states Failure to comply statement of means, 'this could result in committal to prison', my friend is going to borrow me the money to pay it on Monday, and I'm just hoping that is enough. i've got a number for the court Bailiff which I'll ring Monday, just wish I could sort it today. I'm going to chase up my dmp woth step change too, I know they're great and free, but I've given them all my information more than once and every time i think I'm sorted they ask for more, or information I've already submitted.

It would appear that one of your creditors is attempting to get an attachment of earnings order against you, I don't usually deal with unsecured debts, so this is not my area of expertise, but Judges are usually quite reasonable.

Call the Court Monday, explain what has happened to them and see if you can get a completed form to them ASAP.

In particular explain that you are in the process of setting up a debt management plan, but have been having difficulties with post and keeping track of the various creditors demands due to anxiety.

I would be careful before borrowing more money in order to pay the debt, you may have priority debts that should take precedent or it may leave you unable to pay for necessary expenditure. You may also be unable to pay your friend back.

AlanTM82

Thankyou for the advice, my friend is in a really good position financially and I've never mentioned problems to him before, he's more than happy to help me settle this and said I can pay him back aftet my dmp has finished. It's the threat of prison, id lose my job and everything, I can't even contemplate that.

David2Prit

You will not go to prison. So please get that out of your head

AlanTM82

Thanks David, it's all I've thought about all weekend, what would my son do, what woukd work say, it's just because it's specifically says explain why you shouldn't go to prison , it's been horrible , all weekend just helpless. If its gone to ccj and this court thing can i still pay the debt to the original creditor money boat evergreen finance ??? Does anybody know the answer to that ??

AlanTM82

Also if it's gone to ccj, can you make them an offer or do you need to pay the full balance ?

sourcrates

AlanTM82 wrote: »

Thanks David, it's all I've thought about all weekend, what would my son do, what woukd work say, it's just because it's specifically says explain why you shouldn't go to prison , it's been horrible , all weekend just helpless. If its gone to ccj and this court thing can i still pay the debt to the original creditor money boat evergreen finance ??? Does anybody know the answer to that ??

Alan, all they want is your income and expenditure written on the correct form, send it to the court, that’s the end of it.

Stop driving yourself mad, get the form, fill it in, send it away, that’s it.
Best to ring them tomorrow and tell them what your doing.

It says “could” be sent to prison, but that’s only if you ignore the whole thing.

AlanTM82

I'm sorry, i don't mean to sound ungrateful, or ignorant, and its not I don't believe you, but you clearly have a lot more experience than I do of hearing and dealing with things like this, I will do that first thing tomorrow.