Order to attend court for questioning???

TripleH

It might be worth you getting any evidence of when you moved into your current house and the address of your previous address/es and the previous paperwork from Citizens Advice about your debt issues, this might have already been covered by that.

Reading the initial post, you don't seem 100% certain that the amount is yours and there is no mention that the gentleman who turned up, clarified you were the person who owed the debt. I am not saying ignore it by any means, but I would check with a Debt Charity regarding the paperwork as the last thing you want to do is be in a position where you are paying someone else's debt or paying towards an account that you had formally concluded previously.

CityLite

john220163 wrote: »

please help,a man knocked on our door and gave me a court letter saying i have to attend the county court on may 7th.
the letter says a judgment or order made on 31st January 2013 at the county court business centre to pay £8000 and i have to attend or i could go to prison for contempt of court.

In the past we have had loan problems which i saw citizens advice about and made payments,
I have no real recollection of what this is for its been over 6 years,it says its from IND ltd,i asked the guy and he says its to do with welcome finance,which does ring a bell,but we moved to this property around 7 years ago and i dont believe we have had any letters and i don think ive made any payments.

My wife has anxiety and depression,i am working but also on universal credit and barely managing i am very worried please can someone help,

Thank you.

Your wife's mental condition is irrelevant - she has not been summonsed to court

However you have, so let your employer know and pop along to the court on May 7th
You know what it's about, - the £8k you owed, so take anything you have related to that. If you have no real recollection, don't worry as I am sure the claimant will have full details of what you have paid (if anything), and without evidence to the contrary, the court will probably accept that.

The letter should tell you anything else you need to take along too.

CityLite

john220163 wrote: »

thanks for the replies,do you think if i offered a repayment plan i could avoid going to court?

No, but you can let trhe court know of this offer when you attend. It will save the trouble over what is still owed, as you seem to accept that now.

But ultimately it will be for the court to decide a payment plan, and that will be based on what you can afford to pay.

Streaky_Bacon

There are two issues here. Firstly, you have been summoned to court for the questioning. This is what you will be asked:

https://www.moneyclaimsuk.co.uk/PDFForms/EX140.pdf

Secondly, you seem to have not been aware of the claim and original default judgement. If this is the case then you may be able to get it set aside (which will put you back to the start of the claims process). Have a look here:

https://legalbeagles.info/library/how-to-set-aside-a-county-court-judgment-ccj/

D_M_E

Creditor has 6 years from date of issue of CCJ to pursue debtor for payment.

If 6 years have passed and no attempt has been mkade by creditor to collect on the CCJ then creditor has to return to court to seek permission from the court to take action for recovery.

With an issue date of January 2013 the 6 years is up so this could be why you have to appear in court to give your side of the argument.

You may get lucky and the judge might, just might, tell the creditor to get stuffed and refuse permission to collect on the debt.

As others have said, get all your paperwork in order, particularly if the debt was statute barred at the time of issue of CCJ or was covered by your Citizen's Avice payments or was not your debt originally.

Voyager2002

A minor point, but no-one else has mentioned it...


The court process is to find out about your income and outgoings and establish how much you can afford to pay each month. So do please prepare full details of your budget: let the judge know how much of your income is stable and how much is overtime or anything that may vary. And obviously bring details of all your outgoings: you do not want the judge to think that you can afford to pay any more than you actually can afford.

DCFC79

Any news OP ?

CityLite

DCFC79 wrote: »

Any news OP ?

Presumably not yet; the hearing is on Tuesday