Advice Needed- Summons to attend Court For Questioning

[help_2015]

Hello all,

 

A friend of mine has a summons to attend court for Questioning on Thursday, its for a debt of £5250 to an individual, she does not dispute the debt but has been through a really rough time of late- was subject to an attack etc which left her out of work

 

She is starting a new job and can afford to pay the claimant at a rate of £500 per month starting from December ( 1st pay )

 

She wants to make the offer in writing today before the court appearance in the hope that she does not have to go, if she does this is there a template letter of what she should put? Also should she hand deliver that to the court today as well?

 

If the offer is accepted should she still have to go to court?

 

Also does she need to get a solicitor?

 

Many thanks

Edited November 27, 2012 by helpneeded_2012

[andydd]

I assume this is a hearing for your friend to explain her circumstances, this is nothing to be afraid/ashamed of and she will be given the chance to explain her financial circumstances, an offer of £500 per month would appear generous to me and perhaps the Judge....has there been a court hearing already for judgment ?

 

Yes, she could write to the company and make the offer, they could then simply vacate the court hearing.

 

One thing though is that i believe the hearing is part of the enforcement process (there are other options such as bailiffs) and perhaps she should of made this offer sooner, perhaps before court hearing, during or straight after it.

 

Andy

[help_2015]

yeah I think she knows this and was burying her head in the sand over it, yes there already was the judgement against her - as I say she does accept the charge and just wants to now put a payment plan in place to have this all sorted.

 

Should she also inform the court of the offer?

 

I think she is just scared of the process more than anything

[help_2015]

Hiya heres the letter she is thinking of writing

 

Dear Sirs,

 

Judgement Number :

 

I am writing with reference to outstanding debt of £5250 for the above account.

 

As you are aware personal circumstances resulted in me losing my job and I was unable to pay back the amount outstanding, however due a change of circumstances I am now able to offer to pay £500 per month on the last day of each month via standing order from December 2012.

 

I will be writing to the court to inform them of this offer and hope that this is acceptable to you

 

I do not own any assets to sell and have looked into other ways of paying the amount back to you but am unable to offer an alternate to this

 

I appreciate your patience in the matter and am glad that I am now able to present an opportunity to repay the amount outstanding.

 

Please can you confirm in writing that this is acceptable to you

 

Yours

 

 

Is that acceptable or does she need more in it?

 

Thanks for the help so far

[AndyOrch]

Hi helpneeded

 

Has Judgment actually been passed? Did she defend ? What form has your friend received to attend court for questioning?

 

Regards

 

Andy

[help_2015]

Hiya,

 

Yes judgement has been passed, she didn't defend it mainly because at the time she was having therapy for her attack and she got behind in a lot of things and is sorting herself out now

 

Its an N39 form she has

[ploddertom]

If she has been ordered to attend she must go otherwise she could be found to be in Contempt of Court.

[help_2015]

If she has been ordered to attend she must go otherwise she could be found to be in Contempt of Court.

 

Theres no way she wont attend if she has to, I think she is just hoping that she can sort it out without going, is it infront of a judge do you know?

[AndyOrch]

The N39 is only issued after a none response to the N316. The N39 is a request to attend court to give a financial statement. Roughly income, expenditure etc. It is purely an exercise in information gathering. One example is that if you were in full time employment they may apply for an Attachment of Earnings Order, if you own a property then they may apply for a Charging Order.

 

She must attend and make her offer but any decision should be based on her current status not future employment.

 

Regards

 

Andy

[andydd]

Firstly there is no need to worry, its purely a civil matter and wont be made to feel bad or a criminal.

 

Anyorch has explained the process clearly above, but what you are asking is 'can it be avoided if she makes an offer first ?'. I'm not sure to be honest, I mwould of thought so, but the other side may insist on a Consent/Tomlin order basically a legally binding agreement to pay..but thats no biggie, another common enforcement option is attachment of earnings, but I guess that doesnt look too good for a new employer.

 

If you have a local court you/your friend could pop in and ask advice..Ive found counter staff helpful or there are numbers to phone if you are not near but Ive found them less helpful.

 

I guess the amount owing contains court fees/costs..it is unfortuante it was not settled sooner..burying your head in the sand wont help when legal action has begun, its best to defend (if you have a case) or try to reach an agreement/mediation/settlement.

 

Andy