Help - Notice of application for attachment of earnings order received!!

Not_sure_3

Tuesday 8th of December 09 - received a notice of transfer of proceedings from a county court in London

Thursday 10th of December 09 - received a notice of application for attachment of earnings order from my local county court.

BACKGROUND

This was a credit card debt owed since 2002. I have never received an order for CCJ so was not aware of this judgement (ignorance no excuse I know).

The letter has actually been addressed in 'Miss maiden name/married' name. As I was unmarried at the time of this debt, how were they able to link my now married name and location to a debt that old?

What options if any do I have?

I have been asked to fill in the form and return it to the court within 8 days!!!

Your prompt advices/suggestions is greatly appreciated

stapeley

You need to go to see CAB ASP , it could be that this should be statue barred .If this is the first contact you have had regarding this debt it may be worth speaking to a court official to gain more time to deal with it .

DarkConvict

If there is no CCJ already against this debt, and you have not paid or aknowledged it in 6 years (5 in scotland) then it would be statute barred and unenforceable in court.

Do speak advice from national debtline or CAB about filling in the paperwork but do turn up to defend your case. If it is statute barred NB or CAB will say how to proceed be it send a letter to the debt collection agency or inform the court of it.

Not_sure_3

Thanks guys.

I have since filled in the attachment of earnings and have been ordered by the court to start making a fixed monthly payment.

However in the mean time, I requested for a copy of my credit report from experian to see if this debt was recorded on my credit file. and there isnt anything on my report. Though i noticed that the company chasing me for this debt has searched my credit report twice in the past year.

Question is - how do i go about finding out when the CCJ was made against me?
Secondly? If i do find out it has been over six years? Can I still write to the courts requesting for the statue barred to be put in place since the court were the same people chasing me to pay the judgment?

Thanks

GeorgeUK

Not too sure, but you may be able to do a search for the CCJ on the registry trust.
http://www.trustonline.org.uk/

If there was a CCJ then the debt wouldn't become statute barred. After 6 years, they would need to receive permission from the court to enforce the debt - which it seems they have.

It looks like the court has made a new judgement and you will need to stick to that. You shouldn't need to pay more than the judge has ruled for though.

You may be able to offer a reduced amount in full and final settlement. Not sure if that is an option for you though.