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Order to attend court for questioning


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Hi,

Yesterday I received a hand posted in the letterbox an order to attend court for questioning on 28th September 2016 to provide information about the judgment debtors mean and any other information needed to enforce the judgment order.

 

The original CCJ is from March 2011.

I've changed my name and this debt and order are in my old name.

 

They have asked me to supply documents relating to earning, bank statements, mortgage etc.

These documents are all in my new name.

 

The order states that I must obey this order or may be sent to prison for contempt of court.

I'm worried if I attend court, because I am a low earner and have equity in my house that they will put a holding order on my property.

 

Why are county courts getting involved in civil debt?

I have no contract with them.

 

Any why are they threatening me with prison if I do not obey?

Is this legal?

Do I have the right to remain silent in court?

 

 

Would it be possible to put a charging order on myself to give any equity to my partner so that If I sell the house, the first monies will go to her?

I have attached a copy of the order received.

Please any advise would be very helpful.

 

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So the judgment is from 2011 - they have just got in front of the 6 years at which point an unpaid Judgment would have required the permission of the court to start collecting.

 

 

Have you been making payments toward the Judgment ?

 

 

Any attempt to "hide or dispose" of assets prior to the hearing might not go down too well with the Judge.

 

 

You are obliged to attend the hearing and answer questions put to you about your finances. How much is the debt for - are your assets (home) in your sole name ? If you have a mortgage then any forced sale would see the mortgage company being the first to receive funds. A charging order wouldn't necessary include an order for sale it will just secure the debt against the property in the event that you did sell it yourself.

 

 

I will ask one of the site team with more knowledge to look in on you.

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"Why are county courts getting involved in civil debt?"

 

It is a county court judgement (CCJ). The county courts deal with civil debts (below £100,000).

 

"I have no contract with them."

You are subject to their jurisdiction if you are domiciled in England & Wales.

 

"Any why are they threatening me with prison if I do not obey?"

Because this is a lawful court, and contempt of court is a criminal offence. Otherwise, no one would ever pay a CCJ, if they could "thumb their nose" at the law.

 

"Is this legal?"

Yes, what makes you think you can just ignore a CCJ / a court order?.

 

"Do I have the right to remain silent in court?" Yes, although it comes with the right of the court to send you to prison in response.

Do you have the right to decline to answer and not face sanction? No.

 

Again, what makes you think you can just ignore a CCJ / a court order?

 

There is a vast difference in the courts approach to "can't pay" and "won't pay". If you can't pay, show them so : aim for affordable repayments.

 

If you are just "won't pay'ing" : expect the court to take a firm approach.

 

lizhawthorn1976 said:

Would it be possible to put a charging order on myself to give any equity to my partner so that If I sell the house, the first monies will go to her?

 

No.

 

If the CCJ was unfair / wrong, you should have defended it / appealed it, at the time.

 

Once lawful, you can't just ignore it, and the judgement creditor can enforce it (although if they haven't tried to enforce it within 6 years they need the permission of the court to start again to enforce it).

 

Attempting to hide assets rarely goes well: what do you think you can come up with that the courts haven't seen before?.

 

You need to move from "why should I pay"? to "what can I pay".

If you can't pay : show why.

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The name change will have no bearing. You are still the same person.

 

No, staying silent wont work. A recent case I dealt with did this and he got sent to prison for contempt.

 

You are best going in, being open and honest, and see what, if any, arrangement the court put you on.

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Thanks for the replies, its just that its £14k now for a car on hire purchase for a car that was repossessed a few months after I purchased it. The original debt was only around £1000. Does anyone know of a template to find out what charges and levies have been put on the original debt and also is there a template letter to offer an out of court settlement. What are your feelings on this?

 

 

Many thanks

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You could send a DSAR to get all the data held on you and the details of the debt.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387306-Full-Subject-Access-Request-**Updated-January-2015**

 

This should be sent to the original creditor if the judgment was attained by a DCA

 

Andy

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