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  • FIRST POST
    • gudeline
    • By gudeline 27th Sep 17, 4:24 PM
    • 2Posts
    • 0Thanks
    gudeline
    Notice of Application for attachment of earnings order
    • #1
    • 27th Sep 17, 4:24 PM
    Notice of Application for attachment of earnings order 27th Sep 17 at 4:24 PM
    Hello!

    My mum has opened a letter for me at my former home address today (I've been moved out almost ten years now) for a Notice of Application for attachment of earnings order.
    I have NO idea what it is for or even what it is. It is not showing up on my experian credit report. I have not received any prior communication, unless it has gone to a previous addressand I have moved 5/6 times in the last ten years or so. It says I have 8 days or I might go to prison and my employer will be contacted?! Please can someone help!?

    It is for just under £700 but I would like to know what it is for before I do this obviously. How can I get details for what it is for, and what addresses they may have sent previous letters to?

    Many thanks in advance!
Page 1
  • National Debtline
    • #2
    • 27th Sep 17, 4:37 PM
    • #2
    • 27th Sep 17, 4:37 PM
    Hi gudeline

    As you’ve moved house several times it sounds likely you have had county court papers issued to an address you no longer live at. Where there is no response, a CCJ can be made in your absence. If that remains unpaid enforcement action can be taken, such as an application for an attachment of earnings order (AEO).

    It’s very important to reply within the time specified otherwise it is possible an arrest could be issued. You should be able to contact the court for information on who issued the claim against you. Contact that company and find out more about the debt.

    If it’s yours then you will need to complete the N56 court form you have been sent, but you can ask for the order to be suspended (so a deduction is not taken from your wage) as long as you stick to an agreed payment plan. You can find out more on the process here https://www.nationaldebtline.org/EW/factsheets/Pages/countycourtattachmentofearningsorders/attachmentofearningsorders.aspx.

    If you want to dispute the debt it’s more complicated and you should seek advice from one of the free debt advice agencies.

    Susie
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
    • gudeline
    • By gudeline 1st Oct 17, 5:22 PM
    • 2 Posts
    • 0 Thanks
    gudeline
    • #3
    • 1st Oct 17, 5:22 PM
    • #3
    • 1st Oct 17, 5:22 PM
    Would it be wise to call the company and ask to set up a monthly payment regime as well as filling in the N56 form? Also I obviously would like a suspended order (so they do not contact my employers), what should I write in the reason box? I have had no previous knowledge of this debt, as it is from when I was at university over ten years ago, and I am more than happy to pay monthly
  • National Debtline
    • #4
    • 2nd Oct 17, 12:00 PM
    • #4
    • 2nd Oct 17, 12:00 PM
    Hi again gudeline


    There's no point setting up a payment plan with the creditor as that is what will happen via the AEO, either directly from your wage or by you making a payment if you successfully have the order suspended. Reasons you might want to get the order suspended are if you think it might put your job at risk, or reduce your chances of promotion.


    If you agree this is your debt and you owe it, the only other thing I would suggest is finding out when the CCJ was obtained. It's possible if there had been 6 years prior to the court papers being issued, where you had not paid the debt or acknowledged it in writing, that you may have grounds to challenge the CCJ. That would be because the debt was statute barred at the point the CCJ was made, meaning you could have defended the claim because they had waited too long to collect the debt. If you think this applies you can get more detailed advice on disputing the CCJ from one of the free debt advice charities.


    Susie
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
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