summons to court...help!!!

[divadeb]

Hello this is my first thread

, I am so glad I found this site.

 

I have been hand deliverd a summons to appear at my local court for questioning about my finances in relation to a shortfall in mortgage payment went my house was repossessed in 1995.

 

When I ws re-housed by the council the mortgage company tracked me down after about 4 years and I started paying something every month off what I owed.

 

I then moved house, my circumstances changed and I found I was in debt so stopped paying them.

 

They then found me again and took me to court although i never went just filled in a court form with an offer of payment which was accepted.

 

We paid this for about 2 years.

Then my hubby was made redundant and I rang them up to tell them.

 

They sent me a form to fill in and I sent it back.

I never heard anything for ages

 

I rang them up, they said they never got it, so they sent me another.

I sent that back and waited and waited but nothing

 

. I rang them up and they said it had not been dealt with yet.

That was about 14 months ago

 

, then I get this summons for the 1st April of all days

 

. Is it to late to make another offer of payment, or do I have to go to court?

I feel physically sick at the thought of going to court.

 

I really need some help please, thanks Debbie.

[GamekeeperToPoacher]

Debbie,

 

I am sure someone will be along shortly with more practical advice. In the meantime try not to worry too much about the court as it is not like Crown Court. In my opinion it might be worth preparing an income and expenditure and contacting the lender with a reasonable offer.

 

Make sure that you have covered ALL the priority expenses which I understand includes such things as life and house insurance (you may as well protect your family as pay the creditor).

 

GK

[GamekeeperToPoacher]

Sorry Debbie,

 

Here is a link to a budgeting sheet from National debt helpline

 

GK

[divadeb]

Thanks GK, I hope I can sort it before I have to go to court. It says that if its a court officer and not a judge at the hearing I dont have to attend but I am been summonds.....a bit confusing. I dont think I'll get much sleep till its sorted:sad:

[palomino]

Divadeb, the creditor appears to have applied to the court for what's called an oral examination (no, it's not a dentist!).

 

This is basically a going-over of your financial state. The court will fill in this form - http://www.hmcourts-service.gov.uk/courtfinder/forms/ex140_0403.pdf - so you will need to bring all your relevant paperwork with you.

Note that this hearing is simply to find about your finances. There is no judgment or anything like that at this hearing, simply writing down the facts. You then swear on oath that it's correct, sign it and that's it for the time being.

Unlike a claim hearing you must attend this hearing. If you don't attend (emergencies excepted) then you can be arrested for contempt of court.

[divadeb]

Thanks for that, I just looked at the form you sent me the link for, it looks ok. Would it be advisable to contact the people I owe the money to and ask for an arrangement out of court or can they not cancel the court thing? Does my hubby have to go as he is on 3 month trial at his new job and I dont think it will go down well if he asks for time off for court. Never slept a wink last night I just feel sick. Thanks again, it helps to talk .

[palomino]

I would contact the court, not the creditor. It is the court that sent the summons.

 

If the summons is for yourself only then your husband need not be involved and there is no need for him to appear.

 

It is most unlikely that anyone from the other side will be there. Hence the hearing will not be stressful at all. Just making a record of the facts.

[bazaar]

It might also help people here if you try to work out ( roughly) what youve paid back.

Have you asked the other side for a statement of account to make sure they havent lumped on some dubious charges along the way?

I take it, you never declared bankruptcy after the repo? Make sure you get some paperwork together, so you have an idea of your outgoings so you're not caught out on finances

[palomino]

It might also help people here if you try to work out ( roughly) what youve paid back.

Have you asked the other side for a statement of account to make sure they havent lumped on some dubious charges along the way?

I take it, you never declared bankruptcy after the repo? Make sure you get some paperwork together, so you have an idea of your outgoings so you're not caught out on finances

 

This isn't particularly important except in completing the 'other debts' part of the form. I would just give the figure you believe it to be to the best of your knowledge and leave it at that.

[divadeb]

I never went bankrupt after the repossession, maybe I should have done then I would'nt be in this mess. My hubby was joint named on the mortgage and he was also served with a summons, but he really cant go so I must try and sort it out so he does'nt get thrown in the slammer. I also have'nt a clue how much I originally owed as it was so long ago, I will try and find out how much I have payed so far.

[divadeb]

Just to up date, I rang Optima who are the people who served me with the summons on wednesday. The person I needed to speak too was not at her desk but spoke at length with a chap who answered her phone. I explained I wanted to make an offer before the hearing if this was not accepted I was going to proceed with fileing for bancrupcy( just a threat) After a good 10 mins he told me he would pass on the information, get in touch with his client( Bradford and Bingley grrrr) and get back to me. Nobody has rang me back ....yet...but I live in hope. If all else fails then I will go to the questioning hearing and list everything and more so I dont have much surplus to pay them. I am also going to find out to the nearest penny how much I originally owed because the debt is now over £41,000.00 and I'm sure it was a lot less years ago. Any input would be great as to any other action I can take, thanks Debbie.

[bazaar]

Diva, This debt will most certainly have illegal charges on it. Do not fall for the rubbish they tell you on the phone.

You need to apply for CPR to get the statement of account. You'll be surprised what these devious cretins would have added on to the account.

If you need really urgent advise , click on the red triangle to alert a mod. Dont worry, just type in a short message. As Palomino says , the oral hearing is only about your finances. It'll basically show them youve either got cash or not. They'd then decide what they want to do.

Try to get everything done in writing from noe on. It'll save you a lot less stress than talking to some idiot who are only after your money and not there to help you in any way.

[divadeb]

Thanks Bazaar, can you tell me what a CPR is and were do I get it? I just looked at the court papers and I owe £41,300.47. I have also done a credit check with trust online and the unsatisfied judgment in 2005 was £40,307.00 and I have been paying £148.50 from then till end of 2007!!! Surely is should have gone down not up. I have asked my bank for a print out of everything I pay on D/D and S/O so they know I'm not fibbing about payments and on monday I am contacting other debtors for print outs of payment etc. I'm trying to sort it as last time I was at court with the repossession I had a nervous breakdown and my children( there alot older now) were extremely upset. These people dont care about the impact these things have on people, thanks again, Debbie.

[divadeb]

Anybody tell me what a CPR is.....please with a cherry on top lol

[GamekeeperToPoacher]

Debbie,

 

Look here at Surfaceagentx20's thread

 

He is justthe best at these

 

GKTP

[GamekeeperToPoacher]

Sorry that was potentially a sexist comment.

 

Surface is great at these

 

GKTP

[bazaar]

Hi Diva

yep looks like theyve been taking your money and adding charges all the while. You'll want sight of the account and what they are up to with these charges, CPR 31.14 will be the rules that you'll go for, it wont cost you anything and they have to reply.

Then when you get this back you'll see where you are with this

[divadeb]

Thanks Bazaar, will this CPR 31.14 help with my income and expenditure hearing at court?? If I send it off will I get it back in time for the hearing or have they got a time scale to reply? I am just trying to gather as much info as possible to help me face the court thing lol Thanks again this site is amazing:smile:

[bazaar]

Its possibly not going to help at the oral hearing, as this is just to determine your ability to pay. But, you need the statements of account so that you have a realistic sum that the court can deal with. If you just accept what the other side are saying, you get screwed. So its best to be a step ahead, then you can request documents if the other side fail to produce anything. Who knows,,,,, they may not have any agreements ( Now that would be good for you). You'd then be able to negotiate with them on your own terms , not theirs.

[divadeb]

what makes me angry is the fact they have been after this debt for the best part of 14 years and I have no papers or agreements of any kind in my possession. Not even the repossession paperwork or the sale of the house when it had been at auction....they could have charged me for allsorts. I need to find all this out....but were do I start, anybody got any ideas lol :)

[bazaar]

Its possible also, that this is statute barred, but we'd need to ask someone with more knowledge than me, so Ive alerted mods to this thread to see your options

[steven4064]

Divadeb

 

Whe was the last time you paid them anything?

 

When was the last time you agreed with them that you had a debt with them?

[divadeb]

It went to court December 2005 and I filled in the income and expenditure form and made an offer. They informed me that I should pay £148.50 per month which we payed from Jan 2006 to Oct 2007. I aint got a clue what the original debt was back in 1994/5. I have done credit checks on myself but came back with only the 2005 ccj. Thanks to everyone for there help x

[steven4064]

I was asking because bazaar raised the issue of staute barrubg. UNfortunately, from what you have said, your cae is not statute barred as you acknowledged the debt less than 6 years ago.

[GamekeeperToPoacher]

Steven,

 

If my memory serves me the debt is a mortgage. Do theses not have a 12 year period before they are statute barred due to being trusts?

 

Just my tuppence worth

 

GKTP