Topic: I'm being taken to Court

[dale8083]

I was in debt and received papers asking me to attend a court hearing regarding the debt. I had recently applied for a DRO and  was granted this just after I received the court summons. I emailed the court informing them I had been granted a DRO and asked do I still need to attend the hearing. I received an automatic reply from the court informing me that they had received my email and would get back to me. I left it a week before the hearing date and still hadn’t had a reply from the court so I emailed the company who administered my DRO and had an immediate reply telling me - [/font][/color]
I can confirm that your DRO was approved by the Insolvency Service on 12/04/2016, and is now in force. As such, all debts you scheduled into the DRO are fully covered by the order, and the lenders are unable to take any further collection action during the 12 month moratorium period.[/font][/color]
(once the 12 months has passed, the debts are then officially discharged)[/font][/color]
I assumed that this meant I needn’t attend the hearing. Some months later I had a list from a court warden telling me I had been given a two week jail sentence fro not attending court and need to attend. I am racked with worry and not suer what to do. I intend to go to the court hearing and show them the email documents but I’m not well and this is really set me back. What to do.[/font][/color]

[Lisa Thomas]

Hi



[size=100%]In the perfect world I world suggest that you do attend the Court hearing to ensure the Judge is aware that the DRO is in place and that the order should not be made.[/size]


You can then explain why you did not attend the original hearing.


In the meantime however write to the Court and the creditor (by recorded delivery) confirming the same and ask the Court that the hearing/claim be struck out.


I know it's hard but please try not to worry too much - the two matters have crossed over each other due to timings and the left hand hasn't updated the right.


I'm surprised about the jail sentence.  This seems very extreme for non attendance of what I presume was to be a CCJ or Bankruptcy hearing?


You can also see if the Official Receiver dealing with your DRO can help liaise with the Court also.
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[size=100%]You should really[/size][size=100%] take legal advice but I suspect you cannot afford it.[/size]
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[size=100%]Best of luck - I hope you manage to get this sorted.[/size]

[dale8083]

Thank you so much for your reply. I have spoken to the insolvency service and they were very helpful and put my mind at rest. I am going along to court tomorrow fully armed with all the nescersary documents and all should be fine. But they were also taken aback by the jail term for not attending.
Once again thank you and I will post the outcome.

[dale8083]

I went to court, it turned out to be a question session with a court officer regarding my income and outgoings this information would then be sent to the judge for judgement. I tried to tell the court officer that I had already completed this information under oath in my DRO which is a legal document and the judge needs to know that I have a DRO in place and should he still need me to answer questions I will return. Whilst in the meeting I phoned the insolvency service to ask if I should complete these questions and was informed that should they need this information it is available through the insolvency service on line files. [/font][/color]
The creditor sent a representative and told me that "Steve is angry and if I don't deal with this matter it will be worse for me". which felt like a threat to me so I asked if he could leave the room. All in all the right arm does not know what the left arm is doing and the judge will make his decision but I cannot make any offers to the court or the creditor because I am under the DRO so it would be pointless having me answer these questions….I hope this all makes sense.[/font][/color]

[Lisa Thomas]

Hopefully they will now update their records as regards the DRO.  Best of luck.

[dale8083]

Yesterday I attended the court question session with the creditor in attendance. I learnt that he has told the DRO unit that he believes that I have been working and my statements made under oath are fraudulent. The DRO told him that they would await the courts decision and if they found his claims to be true they would take action against me. What he has done here is cast doubt about my credibility and honesty to both the courts and the DRO unit. He has produced no evidence to back these claims but doubt is a powerful weapon. My fear now is that the courts will want me prove beyond a doubt that I have not been working and if not I will be charged with contempt of court. He has access to my bank account through colleagues of his in the Reading Police force and already has cast doubts with the DWP and my benefits I claim which have caused me great difficulties with my benefits being stopped while I proved small incomings and outgoings to my bank account (I stupidly tried gambling to see if I could make some extra money and luckily had records of what the payments into and out of my account were and the DWP were satisfied). Can I ask the creditor to put forward evidence of his claims if not stop these accusations as they are built purely on his 'gut feeing' and that I am avoiding paying the debt criminally. There is no evidence of me working because I haven't worked for some time partly because I am going through a tough time mentally and have lost a lot of my confidence. The only work I have done in this time is for Prostate Cancer UK and with my work knowledge and skills I put together a project to raise funds for them. Which lasted for three years and the last 6 months they paid me a consultancy fee for my efforts. When asked if I had been working in the past five years and I immediately confirmed my consultancy fee in the questioning session. I wasn't hiding this fact and that is it. There is no evidence for him to put forward, but how can I stop him making accusations to these authorities without producing evidence other than his 'gut feelings'? I have made myself insolvent and I don't know what else to do...any ideas??

[Lisa Thomas]

Yes you should remind the Court and insist that they back up their allegations with evidence and in the meantime you can show your Bank statements.


You should really get a solicitor to act for you but I suspect you cannt afford this.


Given the mess you might want to consider making yourself Bankrupt to put a stop to all this but I'm afraid this will cost you £655 and would be a shame given you are already working your way through a DRO.


You can make payments in installments to begin 'saving' for the bankruptcy costs.

[dale8083]

Thank you so much for your reply. I left my bank statements for the whole year with them. They can see there is no income.
But the creditor is some sort of private detective and knows how the system works. In fact when I was at the court being questioned I had the feeling that the creditor knew the staff at the courts!! I have written to the DRO unit asking for clarification on my position, haven't heard back. I am going to the citizens advice bureau tomorrow which means me standing in the cold for 1.5 hours to see someone. I am also contacting the company that arranged my DRO to see if they can help. But in the end if you cannot afford a solicitor to represent you there doesn't appear to be much you can do to stop someone insinuating something about you which totally throws everything into doubt...the DRO, which would lead to a benefit investigation, which means no income while this goes on. Over the last few years I have lost my home, my possessions and now I am losing my family all because I had trouble when I lost my job some years ago and had problems adjusting. This really is a world of two camps - the ones who have and the ones who don't. Very sad... what I don't understand is that Countries go bust, Companies go bust, individual go bust... but apparently I can't. What's the point.

[Lisa Thomas]

You can 'go bust'.  You have made an attempt through the DRO but if this doesn't work due to the actions from the creditors then you can issue a petition for your own Bankruptcy.

[dale8083]

Thank you so much for reply and advise. It sounds funny but it is comforting to know that there is someone with legal knowledge to discuss my situation with, for that I can't thank you enough.
I phoned the DRO unit this morning and was informed that having a DRO staid does not exist. And I am still bound by the rules of the the DRO. They have received a letter from the creditor stating he believes that I have assets that would make the DRO invalid. They have asked him to produce evidence to that fact and then they will act on his proof which was a big relief and has put my mind at rest. That to me would be the correct course of action and for the creditor to say in court that the DRO has been 'staid' was incorrect and misleading because the court officer felt that the DRO was relevant and this situation could have been dealt with there and then under oath. But my guess is that the court officer will say with the creditors suggestion (as he stayed on after I was dismissed) that I have to supply more proof as to my assets he believes I am hiding. If so I am not how you prove you have nothing, I have given them my 2016 bank accounts, I have no bank or post office accounts, I have no share, I don't own a property, I don't own a car and I have no other 'things'...I lost everything over the last few years! But at that point and if this is so I will go along to the Citizens Advice and ask how I prove I have nothing?
Once again thank you for listening and I hope you have a wonderful Christmas. Dale

[Lisa Thomas]

The DRO case handler should be asking the creditor for the evidence of the alleged assets he states you have.  Hopefully they will be able to sort this so your DRO continues and you can avoid Bankruptcy but worst case scenario you can go Bankrupt to put an end to your debts being pursued by creditors.

[dale8083]

Thanks..

[dale8083]

Is this never ending???[/font]

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I have just received a letter from the insolvency service asking for information about where I am living. It is the house of my wifes aunt. We moved in three years ago after we where evicted from my home of 35 years. She then became her full time carer the aunt was an alzheimer's sufferer. The aunt died in May last year. My wife and I stayed on in the house until it is sold which has just been done and we have to move in the next few weeks. One of my creditors thinks I am going to benefit from the sale of the house. I was called into court to answer questions under oath and this was brought up and I explained that I will not benefit in any way from the sale of the house but he has contacted the insolvency service asking for clarification. My wife will inherit a percentage of the house sale but I will not. Can they ask my wife to pay my personal debts from this inheritance, she knew nothing about my debts and we are not on good terms and this will just about finish us…can you advise please[/font]

[Lisa Thomas]

No your wife's assets are hers, not yours.  This will only be taken into account somehow if you and your wife have joint debts.

[dale8083]

Thanks Lisa sorry to drive you mad