Notice of App for attachment of earnings help urgent please

DarkConvict

I would still assume they have not applied to reactivate the CCJ, as you have heard nothing about it, neither any reactivation or original CCJ. You have grounds to defend in my opinion.
Win or Lose, you should always defend otherwise you admit defeat.

Tixy

I too would not proceed on the assumption that another hearing has happened. Had the creditors decided to go back to court they do have to give a good reason as to why they have not enforced the debt in the 6years after the CCJ, if they don't then the judge will dismiss the case.

That obviously hasn't happened yet (as the court would have told you), and if it should ever then you would defend it at that point.

In the meantime to deal with tehis Notice I would follow RAS's advice.

samf1971

Thank you all again. I've popped to the court this afternoon with the form as the deadline was up today (thanks for posting it second class over the easter holidays to give me a chance) anyway, I've written in the little box what the debt advice line told me to, the lady at the court look dumbfounded that I'd not filled in all the income/expenditure and told me I had to do this so that the court could make a decision about how much to pay. I argued and said that I knew nothing about this CCJ and also about the warrants etc etc and that had been advised that as it had been so long that the ccj couldn't be enforce, she basically said rubbish that they had debts which they were chasing that were 20 years old and that this always happened when people "disappeared" owing money. I re-iterated that I had been advised not to fill in the form due to this and she went away to check with a supervisor, came back and said something along the lines that to challenge the date I had to file a claim and the judge would decide but in the meantime I should fill in my details on this form. I asked what happened to the form, she said that as I wasn't employed they would dismiss it and send a copy of it to Universal Credit so then asked what did I want to do - bearing in mind the time constraints - I said, leave it as it is then as it's only going to universal, I'm not filling in anymore information as I don't see why I need to when I'm defending my stance that they are out of time. She also went back to check and there have been 3 actions, the original CCJ in 2001, a bailiff warrant in 2002 (which again I have no recollection) and the one in 2003 which has a code 101 which apparantly means it was paid, since then, nothing until this attachment of earnings that they have just suddenly decided to put through.

I hope I've done ok with this, I was petrified with the timescale as it said I could go to prison if not returning it within the 8 days. I asked what would happen now and she just said that it would be returned to Universal credit and they would take whatever action they wanted from there

samf1971

The two different ladies at the court that I've spoken to have both said the same thing, that there is two warrants, one in 2002 (which doesn't say paid or anything) the other warrant which was paid in 2003, she didnt' have any details as it was too old, just to say that it was paid) then there was this attachment of earnings just now, nothing inbetween at all. I've had nothing from this company letters/warrants/visits then suddenly this turned up on my doorstep yesterday. I have no idea even where they have suddenly turfed up my name and address (as I say, it's in my maiden name which I've not used since 2002) even the warrant that they say was paid in 2003 I don't remember. There was definately one CCJ and one bailiff that turned up in 2004 however this was for a debt in my husband's name and was cleared from house sale proceeds the same year, since we moved in 2004 there's been nothing, I'm not sure what else I could be missing?

The lady at the court seemed to think that this was totally normal and when I asked she basically said that once there was a CCJ in place then there is no time limit for the creditor to chase the debt, until it's paid then they have forever to chase it.

DVardysShadow

samf1971 wrote: »

... The lady at the court seemed to think that this was totally normal and when I asked she basically said that once there was a CCJ in place then there is no time limit for the creditor to chase the debt, until it's paid then they have forever to chase it.

She only works at the court. She does not necessarily know the law. Seriously.

RAS

This is what NDL say

County Court Judgments

INFORMATION
If the creditor has been to court and there is a county court judgment outstanding, then you cannot use the Limitation Act to dispute you owe the debt. It does not matter how many years ago the creditor went to court; the county court judgment will still exist. However, the creditor may not be able to enforce the judgment without the court's permission if the judgment is over six years old. Phone us for advice.

dancingfairy

I agree - the admin people at the court do not necessarily know the law. No doubt they have been told by someone to make sure that boxes x,y,z are filled in and are blindly following that rule.
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samf1971

DVardysShadow wrote: »

She only works at the court. She does not necessarily know the law. Seriously.

I guess you're right, she did have the ability to make me think that I was about an inch high and must have just made all this up though

samf1971

RAS wrote: »

This is what NDL say

That's pretty much what they told me on the phone and told me to write on the form so I basically did as they said and didn't let her persuade me to do anything else. I guess now it's just wait and see what happens next

or (and this is the doubt pixie working my brain)

Do I have to file something to say that I want the debt struck off (as the court woman said)

dancingfairy

Don't forget they are used to people trying it on all the time at the courts You are in the right so don't let them put you off.
df