Dwf

[Rie1234]

Hi can anyone help me? I have a lot of old dept , I have followed advice and not given them any info, they have just used normal tricks as in letters and phone calls. It has been quite really but today I have a received a letter from DWF on behalf of Santander saying that I'm have got to go to court on the 9th of jan 2014 at 11.30 and I should contact them in 7 days??? This dept is about 5 to 6 years old, it's to have taken along time to get to this, it's for a CCJ it's says the court date is for questioning??? It says if I don't obey this order I could go to prison for contempt of court! It also has the local county court stamp on it but it's just print! Is this real or just another way of trying to make me contact them??? What do I do now ??

[enaid]

Re: Dwf

Why don't you ring the court and ask them.

[Rie1234]

Re: Dwf

Yes I could do just panicking a bit, just worked it out and the dept is 7 years old! I just think it's taken a while to take it to court ?

[labman]

Re: Dwf

I would contact the court and ask them. If they are expecting you to go there, the court would normally write to you themselves.

There is no way you will go to prison. Debt is a civil matter, not a criminal matter!

What was the original debt for? :beagle:

[jon1965]

Re: Dwf

Is there a CCJ on this debt?

Labman, sorry to disagree but from something PT said a while back, although debt is civil, contempt of court is not and COULD lead to imprisonment.

My best guess would be that they have obtained a CCJ possibly by default and now need to asses your assets /ability to pay. You could check your credit file or trustonline to see if there is a ccj at either your current address or a past one

http://en.wikipedia.org/wiki/Contemp...Civil_contempt

[Amethyst]

Re: Dwf

It might be an idea, if you can, to photograph or scan the document you have received so we can take a look. EDIT any PERSONAL details off though before uploading it to your post.

Have you moved in the last 7 years ? Could the court documents have gone to your old address ? If this is the first you have heard of the CCJ then you would need to act to get the judgment set aside if there is a defence, if not then you'd need to get income expenditure sorted to organise payment. But it is really hard to advise without knowing exactly what we are talking about.

[labman]

Re: Dwf

Is there a CCJ on this debt?

Labman, sorry to disagree but from something PT said a while back, although debt is civil, contempt of court is not and COULD lead to imprisonment.

My best guess would be that they have obtained a CCJ possibly by default and now need to asses your assets /ability to pay. You could check your credit file or trustonline to see if there is a ccj at either your current address or a past one

http://en.wikipedia.org/wiki/Contemp...Civil_contempt

No need to apologise, I'm always happy to be corrected. Thanks!

[Rie1234]

Re: Dwf

I have looked to this company and they are a solicitors from Manchester ? I don't remember what this dept was for in fact I don't think I have ever taken a loan out with Santander, but I had a loan with someone for a car and have a feeling Santander took over the company it was for £15000 but paid it of to £8000 and then ran into trouble but all my debt from around that time has all gone to debt collectors apart from this ! I just can't believe it's taken this long and now there saying about a CCJ! I will post the paper work so you can take a look! I was just unsure if it's real as my dad has told me that debt collectors have been known to send moody court papers for CCJ'S ??? Thanks to you all for your help xxx

[enaid]

Re: Dwf

Santander took over Alliance and Leicester does that ring a bell?

[Rie1234]

Re: Dwf

I have remembered it was originally g&e money !!! I have spoke to dwf and they are a law company they said
that they and the court have written to me ! But I have had no letters from either ??? She basically called me a lier but if I had had something from the court I would of responded. I remember a chafes solicitors writing to me but I spoke to them and they told me that they were closing the file and sorry for any confusion I have still got this letter ! This loan was for £9995 , dwf are asking for , or should I say taking me to court for £7034.58 plus charges £8234.58! Looks like I will be going to court in January ! Thanks everyone for your help :tinysmile_grin_t:

[CleverClogs]

Re: Dwf

I don't think I have ever taken a loan out with Santander, but I had a loan with someone for a car and have a feeling Santander took over the company it was for £15000 but paid it of to £8000 and then ran into trouble

When was the last payment made?

[Rie1234]

Re: Dwf

When was the last payment made?

It was I think 2009 ! I can't believe 4 years has past and now I'm going to court think I'm shocked ! :tinysmile_cry_t:

[Rie1234]

Re: Dwf

Thing is that was to GE money I have never paid Santander anything !!

[Amethyst]

Re: Dwf

It would really help if you can get the paperwork you have been sent up on here, or type out what you have received. Sounds like it could be a means hearing but I'm pretty sure you would get the court date from the court rather than DWF if that were the case.

[CleverClogs]

Re: Dwf

It was I think 2009 ! I can't believe 4 years has past and now I'm going to court think I'm shocked ! :tinysmile_cry_t:

That is a pity - had it been over six years ago, the debt would now be unenforceable. (link)

You will therefore have to try using the Consumer Credit Act 1974. Make a request pursuant to section 77 (link) enclosing a Postal Order for the statutory fee of £1 and pray that Satander's paperwork is so chaotic that they cannot even provide a reconstituted "twue copy" of the agreement.