Order to attend court for questionning

[pigsypick]

Hi,

 

Recieved a letter asking me to attend court for questionning, first letter. This is for a CCJ that was awarded nearly 6 years ago.

It is due to come off my credit file on the 26th Feb 2013 basically in 2 weeks. I want to try and postpone this court order. It was for a CCJ from FV1-inc of which I never got the paperwork and frankly have heard nothign about for 5 years. I didnt challenge it as it was for an old debt and I heard that if you did it would reset the date. So I have left it.

 

What would be the best course of action. I know if I challenge it then it may reset the date and as I have almost cleared my credit file I dont want to ruin it again.

 

The creditor is Arrow Global and the amount is £5K. I dont own a house and dont have any sizeable assests. My wages are ok but I support my family.

 

Any help appreciated.

Edited February 12, 2014 by pigsypick

[unclebulgaria67]

I think this information from the Citizens Advice is pretty comprehensive. I don't think you have much chance but to attend the hearing, with full details your financial position.

 

http://www.adviceguide.org.uk/england/debt_e/debt_action_your_creditor_can_take_e/how_a_creditor_can_get_information_about_your_finances.htm

 

I expect you will have to make affordable repayments, whether you like it or not.

[AndyOrch]

Looks like they will go for an Attachment of Earnings then....just before its 6th anniversary without execution.You must attend!!!

 

Regards

 

Andy

[pigsypick]

Is there really nothing i can do to resist this. I dont even know what the debt was for as all my old records have been lost. This is a debt from 1999 i think.

Edited February 12, 2014 by pigsypick

[rebel11]

Hi pigsypick

 

Your credit file would give you a good indication as to what type of debt it is, bank, credit card. The amount you are being asked to pay might be incorrect as there might be PPI, credit card charges etc.

 

You can check your credit file free on Noodle. I'm not sure how you would go about challenging the Order at this late stage, but it might help. I don't know for sure.

[pigsypick]

Hi it doesnt say Arrow Global it says F1V but it doesnt show what the debt is for.

[unclebulgaria67]

Hi it doesnt say Arrow Global it says F1V but it doesnt show what the debt is for.

 

If the CCJ is in one name and the debt has been sold on, then you could defend on the basis that the new debt owner has no rights against the original CCJ, because they have not applied to be substituted.

[rebel11]

Under Account Type it should state, Credit Card, Bank.

 

Hi it doesnt say Arrow Global it says F1V but it doesnt show what the debt is for.

[sequenci]

Is this the only debt you have - or are there others?

[pigsypick]

I have others but they are new ones which I am not in default with and have maintained for the last 4 years is there are mileage to who the ccj is in the name of and how can I challenge this WITHOUT going to the court for questionning. I am clearly trying to avoid this. Why have they gone for thsi just before the CCJ expires on my record.

[sequenci]

It's unlikely you'll be able to challenge the judgment, you would have needed to have done that at the time - or at the very least within a few weeks of it being entered against you.

 

Failure to attend court could hold you in contempt, not recommended.

[pigsypick]

i believe you can challenge the ccj but how can I do this after acknoledgement of the court information order. I never got any confirmation of the CCJs first I knew was in 2009 almost a year after when I moved house and look at my record.

[sequenci]

You need to challenge the CCJ 'promptly' - I cannot imagine any judge will allow it to be challeneged nearly six years down the line, sadly.

[unclebulgaria67]

Has there be a change of debt ownership since the CCJ ? Or it is the same company, with just a different name.

[pigsypick]

different company compeltely it was FV1 inc which I dont know who that was for or who they bought the debt from. To be clear here all I should have dealt with this years ago but left it as I felt no need to challenge it. At the same time in the same year I got another CCJ which is all a by product of a business I was running. That CCJ has just expired and come off. I am more creditworthy now an back on track and really dont want this to continue any further. Next year I planned on getting back on the housing ladder. At the time I should have really gone bankrupt but as usual there was not the right advice out there.

[unclebulgaria67]

Do some research about CCJ enforcement after a change of ownership. I think they should have applied to the court to be substituted. If they have not, they cannot ask the court to consider matters of enforcement and why you are not paying etc, because the judgement is not theirs.

[staytet]

The only thing you can do is attend , have you tried to pay the original claimant anything ? The CCJ should fall off your credit report anyway after 6 years whatever the outcome as all they are seeking to do is enforce the original order .

[pigsypick]

thanks for feedback so far. If its still enforceable why have they just done this 2 weeks before the ccj expires. Is it more difficult to enforce after it expires?

[unclebulgaria67]

thanks for feedback so far. If its still enforceable why have they just done this 2 weeks before the ccj expires. Is it more difficult to enforce after it expires?

 

Expect that they have only just realised. I seem to remember reading about various debts being moved around by these companies. You have been unlucky. Had the 6 year anniversary passed it would have been difficult for them to get a court to allow continued enforcement.