CCJ & Further Hearing- now Order to attend Court for questioning

[ploddertom]

You said before about a car & finance - what sort of finance is it?

[debsdarlo]

ccj - civil case - jan 2014 - £8 k nearly

applied for redetrimintion hearing - attended march & June

told Judge I could sell an old caravan and some other items - table & chairs and jewellery

 

 

managed to pay off £5,000 since April - offered £20 a month for balance -

claimant solicitor's not happy with £20 a month threatening me with HCEO - and charging order

I have exhausted all avenues to sell stuff and pay off a large amount £2 k was borrowed off my mum who a pensioner

 

 

my car Is on finance and is my only way of getting to and from university 56 miles round trip.

[dx100uk]

5 threads on same issue merged for clarity of history

and passed advise.

 

 

please keep to one thread

 

 

dx

[Bailiff Advice]

hi

 

 

I have read some threads but I saw something about new law came into effect 6th April - my car is on finance and I use it to drive to Universty ( 56 mile return trip daily) so its to my place of study. Is it true that my car cant be touched or clamped.

 

The answer is not quite as simple as I wish it was.

 

The new regulations have actually provided significant protection for students given that they have provided that goods (including vehicles) are exempt from seizure if used by the debtor ONLY in the course of employment or 'education' (which must include necessary to get too and from university.

 

The second part of the question is not quite so simple. If a vehicle is subject to finance then it is not automatically considered exempt (although in a lot of cases it will be). One of the deciding factors will be the what 'equity' there is in the vehicle. For example, a vehicle could be purchased for £15,000 but subject to just £5,000 of finance ( leaving 'equity' of approx £10,000.

 

Another 'deciding' factor will be the 'type' of finance.

[debsdarlo]

civil case

[HCEOs]

The likelihood is that the car will not be exempt from being taken into control because of its use but will be exempt as ownership is likely to be with the finance company.

 

What kind of finance did you take out (e.g. Hire Purchase) what was the term/price, how much have you paid and what is the value of the car?

[debsdarlo]

car is two yrs old citroen picasso - debt on it is still £3k left to pay - valued at approx. £8k - HP with citroen

[debsdarlo]

Just had a county court official on doorstep who given me a order to attend court for questioning.

I am already paying this debt at £50 a month and I am a full time single parent student - one of the questions I am been asked is

 

 

how did I pay for my Daughter christening last month and can I produce receipts?

 

 

My mother actually paid for most of it and I sold some of my Daughters clothing and equipment to pay towards cake and other expenses.

 

 

Is this not an infringement of my rights.

 

 

This beggars belief.

[fkofilee]

Wait how did they know that you had a christening?

[ims21]

Is this to do with your thread here...

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?431301-CCJ-amp-Further-Hearing-what-happens-next&p=4626573#post4626573

[debsdarlo]

It a family member - the same solicitor handled my ex husband divorce so this other family member used same solicitor - she obviously thinks I have money.

[debsdarlo]

yes that my thread -

[dx100uk]

old and new threads merged for history of advise

 

 

please keep to one thread

 

 

dx

[debsdarlo]

I am sick to death of all this

 

 

already produced income and outgoings when I attended court in June.

 

 

When does all this crap stop.

 

 

Am I not allowed to private family life

 

 

- what will happen with birthdays and Christmas ???

 

 

will I be asked to attend court and produce evidence as to how I afforded toys for my baby.

[debsdarlo]

family member - I have a ccj for £7 k ( Jan 2014) - paid off 4k off it - this family member clearly thinks I have money I am single parent on benefits and now a full time student.

 

 

In September I was called to DWP ( compliance interview) to be informed an email was sent saying I had assets and 30k of savings- I was shown the email and quite clearly it was sent by thus family member - it mentioned court hearing.

 

 

Next thing I get calls from reporters ( she sold her story to magazines and Mirror) I put phone down and say no comment.

 

 

Last night at 9 pm a court official I believe - calls and hands me N39 - to attend court to ask how I paid for My Daughter christening last month. This is surely a breach of my human rights and was a religion occasion attended by close family with carvery afterwards.

 

 

I am now thinking Birthdays and Christmas for My Daughter will be called to court all the time and I am questioned over this.

 

 

I have paid a considerable amount of this debt and paying a fixed monthly amount which is more than court suggested.

 

 

 

 

What can I do????

[rebel11]

Thread moved to General Legal Issues.

 

The guys will advise as soon as they are available.

[BRIGADIER2JCS]

family member - I have a ccj for £7 k ( Jan 2014) - paid off 4k off it - this family member clearly thinks I have money I am single parent on benefits and now a full time student.

 

 

In September I was called to DWP ( compliance interview) to be informed an email was sent saying I had assets and 30k of savings- I was shown the email and quite clearly it was sent by thus family member - it mentioned court hearing.

 

 

Next thing I get calls from reporters ( she sold her story to magazines and Mirror) I put phone down and say no comment.

 

 

Last night at 9 pm a court official I believe - calls and hands me N39 - to attend court to ask how I paid for My Daughter christening last month. This is surely a breach of my human rights and was a religion occasion attended by close family with carvery afterwards.

 

 

I am now thinking Birthdays and Christmas for My Daughter will be called to court all the time and I am questioned over this.

 

 

I have paid a considerable amount of this debt and paying a fixed monthly amount which is more than court suggested.

 

 

 

 

What can I do????

 

 

Hi, has the DWP accepted that you have no such savings?

 

 

What is "the story" being told by the family member?

 

 

If the "story" untrue and therefore libellous, you have cause of action in regard to the family member and the publisher (s) of the "story".

 

 

You will need qualified legal advice to proceed with this I think.

[AndyOrch]

Threads merged (yet again) ...please do not start new threads on the same matter.

 

Regards

 

Andy

[debsdarlo]

I have an hearing on Jan 29th - was charged a further fee of £50 for this application -

I have now managed to obtain funds - family and selling stuff on ebay to be in position to repay the outstanding balance of £760.

 

 

My question is - can this hearing be then cancelled ?

will the other party try and claim more costs on top ? -

 

 

This debt was nearly £8,000 and in a year I have sold goods, belongings, jewellery and £2,000 from my Mum and also used some of my student finance hardship fund and sold my touring caravan to pay - yet still I have been hounded dispite the court only ordering me to pay £20 a month.

[renegadeimp]

Did you ever fill the form in so you only had to pay what you could afford? And the creditor would be forced to accept?

[debsdarlo]

yes did all that but they're still wanting proof and

 

 

I suspect as the debt at that time was over 3k

 

 

- I think they were trying to put a charge on my house but cant do that now as debt is under 1k.

[renegadeimp]

If you had filled the form in you could have given an income and expenditure form in.

 

Anyway. Order for questioning is the same thing. To assess your circumstances and find out a repayment. You have to attend otherwise it gets much worse.

[debsdarlo]

don't have to attend if its all paid off though do I? has judgement will be satisfied

[dx100uk]

what this case..

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?431301-CCJ-amp-Further-Hearing-now-Order-to-attend-Court-for-questioning

[GrumpyToSayTheLeast]

Most Order to attends have a penal notice attached which means you can be sent to prison for not attending(one of the only ways you can now be sent to prison for refusing to deal with a civil debt).

 

The paperwork and hearing has been issued so the charge has been incurred by the creditor and added by the court to the debt as part if the ota.

If you have full payment, you should be making to direct to the client and at the same time making sure they give you proof that the account is settled. They should then contact the courts to remove the hearing. I would advise that you then chase the court to confirm the hearing has been cancelled.

If they don't confirm it, I would attend anyway just on the off chance something has gone wrong. Hassle I know, but less hassle than the alternative if it has gone wrong.