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1st Credit Limited. Order to attend court for questioning (unknown debt)


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Hi

 

I've received an order for questioning at my local county court and the creditor is 1st Credit Ltd.

 

I have no idea what this alleged £3,800 debt is for as I have never to my knowledge had any dealings with them and never owed or had any credit above £1,500 apart from a mortgage.

 

Apparently they got a judgement back in November 2008 at Northampton county court but at that time (September 2008) I had to leave my home after I was attacked with an axe handle and received threats to kill by anti-social drunken thugs and my home was invaded by the thugs.

 

I'm attending court tomorrow 24th April 2013 and just wondered if anyone had any good advice on how to tackle this firm and it's claims. Since the attack my health and mental state of mind hasn't been the best and I've pretty much lost everything else I owned, house, car, business and pretty much all my belongings of any worth.

 

They've spent £50 on this court order so they must feel I owe the debt and have means to pay, but sitting here I can't see them getting anything back as I have nothing more to give.

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So you only became aware of this Judgment when you received the order to attend for questioning ?

 

You have been given no idea what the debt is about ? Why on earth have the left it this long before attempting the enforcement ?

 

I think you might need to ask for an adjournment so that you can be given all the information in order to work out if this debt is actually yours.

 

Have you had a look at your credit file to see if anything was being recorded in this sum around the time of the Judgment and before ?

 

Prior to this court order, 1st Credit have not made any other contact with you at this current address ?

 

I will try and find someone who can help you..

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http://www.lawhandbook.org.au/handbook/ch08s01s06.php

 

There might be some information in the link above that will advise what might happen and that you need to take with you.

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi CitizenB

 

The order is printed on an A4 sheet with all the order details on one side and advice on the reverse, it states roughly what I should take along to show / disclose income and outgoings and assets etc. I have no access to my credit file and all my papers and documents were put into storage back in 2009 when I lost my home and I couldn't keep up the payments with that so lost everything there.

 

Asking for an adjournment was one thing I thought about as I honestly have no recollection of this debt and therefore don't know how to defend myself against the claim / alleged debt. As far as I can see they can't possibly make a claim against me without providing to the court some form of documentation or credit agreement so I'll ask for that proof tomorrow.

 

So we'll ask for:

A) Proof of debt or credit agreement.

B) Adjournment.

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Hi

 

If you could confirm whether or not you are in employment ...reading between the lines and this kind of Order to attend for questioning is usually linked to an Attachment of Earnings Order and you may have failed to comply N55/N56...and so been ordered to attend for questioning.If it is..... there is an expiry date on this kind of order (12 months) If the courts service failed its the creditors responsibility to re serve it themselves within the 12 months...if the order was served successfully the claimant must file form N215 (Certificate of Service N68) with the court to be able to get an Order for questioning.

 

Seems you have valid reason for none response though and should simply complete an I&E for the hearing...check the above process has been followed.

 

Regards

 

Andy

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Many thanks Andy...

 

I really should have tackled this last week but I just get so angry when the law seems so one-sided...

The anger is my problem and if only I could turn these thoughts into something constructive instead of a debilitating feeling of being just a useless punchbag...

 

I just hope the 1st credit representative doesn't challenge me and make any dishonest statements or challenge my honesty... I feel I'll let go of any humanity I have left and do something I might regret.. Think I really need some help with my anger and evil thoughts and nightmares...

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