Order to attend court for questioning

[supersnake]

Hi all, i have a major problem.

 

I defaulted on an bank loan that was passed to a well known debt collector, early this year i got court papers and started paying £50 per month as agreed by all, i have made 8 payments in total.

 

Today i got summons to appear at court for further questioning and told to bring bank accounts, company accounts, everything in my life! This is odd as I am paying on time so i went to the court office and they said i could write a letter explaining my situation and the judge would read it and they would get back to me.

 

I provided them with a letter explaining that I am paying already, that the debt collector has added nearly £2,000 to the original debt they bought and that I feel they are being unfair asking to to attend court to prove my earnings.

 

Now here is the major problem, when the court first asked me to provide earnings I said I was unemployed and could pay £50 by means of my Parents, the reality is I have an online business but when i was asked to provide earnings i was earning just enough to get by. In the last few months it has flourished and I now earn very well.

 

The reason i lied was i was scared if i gave info of my earnings they would go through my accounts and take control of everything causing no end of stress. I also thought the court would make me pay everything i own to this company, which would mean being kicked out of home as-well as not being able to run my business and hindering me clearing my debts in the long term. I do intend in paying all my debtors back but i was swamped and just wanted to pay £50 until my business grew and i could get on top of things.

 

What can I do, can I avoid going to court, can I go to prison for lying about my income, can i ask the debt collector to supply a copy of the credit agreement still, will this stall things? Please help, I'm desperate and scared.

[supasnooper]

If the creditor has applied for a redetermination of the CCJ payments then you will have the opportunity to bring the Court up to date with your good fortune and your successful business.

 

Get a revised I&E ready for the Court.

 

I very much doubt you'll go to prison.

 

If you admitted the debt then asking the creditor to supply an agreement is no longer an option.

 

You could have look at the link below to see if there are any grounds for setting the CCJ aside but as you have said in your post that you have agreed a £50 monthly payment.

 

CCJ removal inc. step by step guide

[supersnake]

So how is the court going to feel about me lying to them about my income, twice. I was only getting by but i still lied. They will also find out I own a car and should be filing company taxes. Will they take the car to pay the debt? Will I go to prison for TAX evasion? Thank you very much for you help and in advance for anyone elses.

[diddydicky]

So how is the court going to feel about me lying to them about my income, twice. I was only getting by but i still lied. They will also find out I own a car and should be filing company taxes. Will they take the car to pay the debt? Will I go to prison for TAX evasion? Thank you very much for you help and in advance for anyone elses.

 

you did not lie- your business was still fledglinga t the time and was not expected to make any profit for some considerable time therefore you deemed it prudent to offer what you knew you could afford rather than make an offer of a payment that you might have defaulted on

 

you are now in a position to make payments of XXXXXX which is still a conservative but sustainable offer as business has lately showed signs of a significant downturn in the current financial climate

 

you have as much chance of going to prison as collecting a bucket full of rocking horse sh*t off the court steps

 

the other side may not even bother attending-

[supersnake]

Ok thanks, so prison is not going to happen, that's a relief.

 

I agree, the reason i said I was unemployed was i was scared if i gave info of my earnings they would go through my accounts and take control of everything causing no end of stress. I also thought the court would make me pay everything i own to this company, which would mean being kicked out of home as-well as not being able to run my business and hindering me clearing my debts in the long term.

 

That said I did not tell the court i was employed and earing an income. I told them I have nil income. I dont want to argue but im pretty sure they will consider that lying.

 

What is a concern is that they will go through my finances with a fine tooth comb. I believe the debt company instigated this because they found i own a company and thus cannot be unemployed, they state that in the summons, they want tax returns, personal and company bank statements, car documents, everything.

 

Is it really as simple as turning up, saying my situation has changed here are the new details of my income and waiting to see what the new monthly payment will be?

 

Sorry this stuff just scares the crap out of me.

[diddydicky]

Ok thanks, so prison is not going to happen, that's a relief.

 

I agree, the reason i said I was unemployed was i was scared if i gave info of my earnings they would go through my accounts and take control of everything causing no end of stress. I also thought the court would make me pay everything i own to this company, which would mean being kicked out of home as-well as not being able to run my business and hindering me clearing my debts in the long term.

 

That said I did not tell the court i was employed and earing an income. I told them I have nil income. I dont want to argue but im pretty sure they will consider that lying.

 

What is a concern is that they will go through my finances with a fine tooth comb. I believe the debt company instigated this because they found i own a company and thus cannot be unemployed, they state that in the summons, they want tax returns, personal and company bank statements, car documents, everything.

 

Is it really as simple as turning up, saying my situation has changed here are the new details of my income and waiting to see what the new monthly payment will be?

 

Sorry this stuff just scares the crap out of me.

 

clearly they have found out, likely it will be you them (if they bother to turn up) and the court clerk round a table

 

just stick to the line that you were not sure if the business would succeed and did not want to offer what was not regular income

 

they are more likely to be interested in what you can pay now

 

if their rep moves onto that subject i suggest you take the wind out of their sails by admitting the fact rather than them prying it out of you bit by bit

[supersnake]

Oh, so i wont be up infront of a judge and a room full of people? I have been to court before for a different matter and it was very different to what you describe.

[diddydicky]

criminal or civil?

 

 

its not impossible but very unusual for the judge to deal with these matters- usually a clerk or manager

 

even the case itself is usually only the judge and the two parties involved in the case -

[supersnake]

It was a motoring offence many years ago. Thank you.

[supasnooper]

Have a look at the link below from post #13 as it describes a typical civil court room - http://www.consumeractiongroup.co.uk/forum/legal-issues/108467-basic-introduction-consumer-credit.html

 

It's not all wigs and gowns

[diddydicky]

It was a motoring offence many years ago. Thank you.

 

totally different atmosphere then you will be pleased to note

 

(should be) very civilised, polite, calm, no confrontation

[supersnake]

Thanks for all you help, seems i may have over reacted, you've all put my mind at rest somewhat.

[supersnake]

I would like advice in fighting this if possible, can I still push them to supply a credit agreement and other bits to prove I owe them money. I should have done this earlier but in my defense I am uninformed on the law and for the most part was scared into paying because of the court intervention. Thanks.

[The GodMother]

I know how the system for this works as i have had someone taken into court and made to produce docs.

 

You have been mislead in a way by being told you can go to prison. Yes you can if you refuse or fail to turn up, refuse or fail to answer the questions refuse or fail to take the oath.

 

You will need to read this info in regards to the questioning.

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex324_0309.pdf

[The GodMother]

this is the EX140 that will be filled out.

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex140_0403.pdf