Notice of App for attachment of earnings help urgent please

samf1971

I received this today, Notice of Application for Attachment of Earnings Order (N55) along with an N56 form for replying.

I need help with this so will give you some info in order to maybe try and help me as it says I only have 8 days to reply.

The order is in my maiden name (I was married in 2002) and I have had no correspondence from this company since at least Sept 04 (I know this date as we left the house we were living in, lived in a caravan for a year & then have certainly had no correspondence from this company since then)

From the form it says that the claimant obtained a judgment against me in the County Court - does this mean I already have a CCJ somewhere that I know nothing about? If so how could I have been expected to keep up some kind of payments for it when I didn't even know of its existance? I am somewhat annoyed as the order then goes on to say that as you have failed to pay as ordered - I've never been ordered otherwise I might have paid them something - I don't now when this order went through or where I might have been at the time. I've lived here a year and have certainly not had anything whilst I've lived here & would presume since the court is in a town I previously lived in in 2004, that they must have obtained the order then ?

There is a little box saying I would like the order suspended - what does that mean?

I have no employer as I do not work, On this front, can I also ask advice - from reading another forum with a lady in a similar predicament this loan/card/whatever it is will pre-date 2000 and was given at a time when I was single and earning a good salary. I am now married do I have to give any information about my husband's earnings (he doesn't work but does get carers allowance for being carer for my son and I don't see why that should be affected as this debt had nothing whatsoever to do with him) what outgoings then do I put down, I'm so confused and worried by this as it is completely out of the blue any help would be much appreciated

DarkConvict

Basically to secure a debt, a creditor can obtain a CCJ at your last known address. The CCJ court summons would have been sent to that address and in your absence awarded in favour of the creditor.
If you did not know about a CCJ you cna get it set aside - http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court

You need urgent advice in my opinion, so please ring national debtline - http://www.nationaldebtline.co.uk/
FREEPHONE: 0808 808 4000
Monday to Friday 9am to 9pm

A defence could be statute barred, but if they obtained a CCJ before the 6 year limit was up (6 years since last payment/written acknowledgement), then it cannot be used. Making last payment would have to be March 2004 and no CCJ.

I think 10past6 might be a good person to advise on form filling. Ill drop him a PM.

samf1971

Right, thanks for that, I'll have a look at that and give them a ring, I'm guessing it must be a while ago as I've not lived in the town that the CCJ was filed at since 2004, I'm surprised that they've left it until now to say that I've not made payments

Just to add, I've honestly no idea when a payment would have been made to them, so can't really say whether that would have been pre/post March 2004. Definately post Sept 2004, but earlier I'm unsure, and as I say, with regards to the CCJ (which I presume is what they have) I have no idea as to when that would have been done - is there a way to find that out or is it just not relevant now

DarkConvict

I have no idea how long it takes to complete the order, but you can get details of your CCJs here - http://www.trustonline.org.uk/

10past6

Tick box 10 on the N56 form

samf1971 wrote: »

I would like the order suspended

Stating: I have no knowledge such a debt / CCJ existed.

samf1971

Thank you for your help, I rang the number last night and the chap there said pretty much the same as you, that I need to find out about this before committing to anything.

10past6, when I tick the box and put that info about not knowing about the debt, I presume that I don't fill any of the other boxes is that right? Also, what will happen then after the court receive it?

samf1971

Just a quick update, I rang the court where the judgement was issued as a suggestion by the debtline. They have no record on file now as it was so long ago, but aparently this judgement was dated sometime back in 2001, she doesn't have the info as it's so long ago it's not on their system anymore. The only thing thats happened is that they updated the system with my address recently (how??) she suggested that I get in touch with the solicitors dealing with the matter for universal credit which I'm honestly not very keen to do as surely thats like entering into correspondance with them which I'm sure I've seen on here you should'nt do

Next I have rung the court who have issued this attachment of earnings who have confirmed that the original date was sometime in 2001, which was granted as there was no admission/defence, then as no payments were received, there was a bailiff who came in 2003 with a warrant, she is showing that this has a code on it and would therefore say that this is a paid warrant (now I know this is going to sound totally stupid, but I do not recall any bailiff coming or paying them any amount) she said it was probably for something like £125 but again, didn't have that info, just that the bailiff came out in 2003, and that they have done nothing since then for 7 years. I did ask why this would be and she didn't know. She did say however, that I need the form to come back like NOW as it was issued on 31 March, but due to easter hols and also that they sent it 2nd class that I've just received it. However she said that as soon as they see that I'm unemployed that they would dismiss the attachment of earnings anyway

This makes me even more curious as it's from such a long time ago now, she also did say that the judgement was just put through as they had no defence ie I didn't reply - which of course I didn't as I've never seen anything from them - but then again like I'd remember from 9 years ago!

So, is my best course of action now to reply as 10past6 mentions and then see what happens, or to just fill the form in as unemployed

samf1971

I've rang the debtline again and updated them with the info that I have, their answer is to do the following - as 10past6 says, tick the box for the suspended order then to say that it's out of time to enforce the judgement (aparantly they have to enforce within 6 years of the ccj?) and also state that I'm unemployed anyway so they couldn't attach earnings. So I'll get that back to the court and see what happens. Thanks once again everyone

RAS

They have to enforce the CCJ within 6 years. They can go to court to get permission to enforce it, which you may have successfully defended on the grounds that the claim was out of time, but could not defend because you did not know about the proceedings.

I would send a pm to 10past6 and check the exact wording to use.

Tixy

DEBTCOLLECTOR wrote: »

But the claimants do have a right to ask the court to re activate the judgement for a further time. I do not know what this is called but it is worth investigating as it is possible they have done this at your previous address and now are persuing you at the current address.

But if this had happened then when she spoke to the court they would have known about it and not said it dated from 2001.

samf1971

They definately had nothing since the 2001 orignal date and this date in 2003 when the bailiff came, the lady at the court where the attachment of earnings has been issued said herself that there was 7 years between the bailiff and then this attachment of earnings thing so I would assume that there's been nothing else. I haven't lived at the previous address as I say since 2004, but have only lived here for 1 year and I presume from the lady at this court there has only been involvement from the 2 courts now mentioned.

The chap at the debtline said to say that I believe the creditor to be out of time to enforce the judgement as enforcement would contravine the civil procedure rules