Creditor looking for supporting documentation

Nobizere

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I have a business debt covered by personal guarantee, which was secured by a judgement in 2010. A few weeks ago the creditor company had me in court in order to get a payment order. Their solicitor didn't have a copy of the statement of means I had sent into the court, and so didn't see it until the case was called. The judge allowed us the time to "have a conversation". He had looked over the statement and saw two other judgements against me.

The solicitor spoke to me outside and went through the statement and asked a few questions. The statement shows very clearly that I can't pay anything. He suggested we adjourn and come back to it in 6 to 9 months when my financial situation might be better. I agreed.

I received a letter last week from him, informing me that the case had been adjourned until April, and requests that I send him documentation supporting my statement of means.

On the basis that the court takes a statement of means as a sworn statement, should I expect this creditor to do the same? The creditor is not a bank or financial institution, but a supplier company (although I assume this makes no difference as they have a judgement). Is there anything compelling me to provide the payslips, bank statements etc to this creditor, or can I just say no and tell their solicitor to accept the statement of means as it stands? I'd rather not let this company have this access to my personal information unless a court rules that way.
 
You do not have to supply the Solicitor acting for the Judgment holder with anything you do not wish to, as he already has your statement of means just tell him there are no changes or updates..
 
On the basis that the court takes a statement of means as a sworn statement, should I expect this creditor to do the same?.

The court requires such a statement, but that does not mean it is accepted as being true! It is up to the creditors to challenge it if they so wish.

I guess it the solicitor has reason to doubt it, you'll be back in court...
 
The correct procedure is to question the debtor under oath in the box if they want to challenge anything. As said earlier there is no obligation to engage with the other solicitor. You just have to comply with what the court asks and no more.

If the solicitor thinks the statement is false he will need to supply the court with proof of his assertions. The court will not entertain fishing trips just because the other side has got the hump due to the fact their debtor has no means.
 
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