Attachment to earnings not being paid???

purplenic

Hi there. This is a bit long winded so please bear with me.
My husband died suddenly in 2010 and I have now received a letter for a debt dating back to 1996. I have checked that they can collect the debt (there is a ccj) ect. Well, they have sent me a copy of an attachment to earnings (attached to my husbands earnings) for £100 a month back in 1998. BUT the statement of account shows really random payments ranging from £100 per month in the first year to £100 a year and even some years with NO payments. My husband was in the same job for all of those years so i cannot see why the money has not been taken every month. I am pretty sure that my husband thought that it was being paid every month ( it would have been paid off by now) and I am not sure where to go from here. The debt is in our joint names and I feel disgusted that they are chasing me now they have found out my husband has died. They stated in one of the letters that the debt WAS being paid but the payments for the last 11 years totals 8 payments in total!!!! ANY advice would be greatly appriciated!!

McKneff

Do you know when the last payment was made?

JoS1972

Not much help I'm afraid, but when the company my husband worked for went bust a few years back he had an AOE to the CSA, we found out that the company hadn't paid anything for months. We tried to argue with the CSA that we had wage slips to prove that the money had been taken out from his wages but they didn't care, we even took it to the CEO of the CSA. It worked out that in the end my husband paid the debt twice, firstly out of his wages and then direct to the CSA.

Sorry its not more positive news but, who knows maybe things have changed.

katsu

Can you contact your husband's previous employer and see if their payroll manager can provide any information?

eyeopener2

Contact payroll, as the other poster said.

Surely if the attachment of earnings wasn't being paid as ordered by the court, further action would have been taken?

DCA's make mistakes all the time, as the are blood sucking scum, so do not take anything they say as red. I would also approach the court where the Judgement was made to see if they have any record of anything at all.

E2

Jinx

I work in an HR department and I send attachment of earnings to our payroll department every month. For the ones that were set up in Jan they are already checking to see why the payments arent being made (they are they just missed the Jan deadline) My point is that if the deductions werent being made I would have expected the company your husband worked for to have been pursued promptly! Ask your hubbys company for some help.

bexs.ua

I am sorry to hear of the problems you have been having and the sudden death of your husband

I have an AOE for tax credits, and as I work in the family business I know that if my mum doesn't send the payments to the relevant place on time, within a week they are on her case chasing the arrears (although money is taken from my wages every week!) Surely the company your husband worked for would have had the same communication as they are obviously very sharp about not receiving the payments so someone should know something about it? Try their payroll department first to see whether they can help you

purplenic

Thank you all for your responses. It just seems really strange to me that the payments are coming out so randomly when it was an attachment to earnings. The last payment made was in March last year but the DCA wrote to me (in feb this year) saying that they were getting in touch with me now because they had found out my husband had died and now presumed the payments would stop!! When I questioned this they said that it had been being paid then sent me a statment of account along with the attachment to earnings which shows that it wasn't being paid every month! None of it makes any sense to me!!
Is there any way that my husband could have stopped the attachment to earnings? And if he had surely i would have had bailiffs Etc before now.
Am going to get in touch with husbands old payroll and see what they have to say as I really think something funny is going on here!!

dancingfairy

Definitley get in touch with the payroll people as it wouldn't be the first time Debt collectors have lied about payment dates etc.
df