Litigation

Dougie1308

My Credit Card Co are considering an attachment of earnings to get their money back, if they go with this option does it have to be agreed by the court, and will they or the court take into consideration what money i have left after paying priority debts, which is very little, some months less ? Im not disputing what i owe, just need to pay what i can afford.

Thanks for your help

BigCraigJohn

Its a long long way away and you should probably be reporting any threat like that. Its all in the "May" but you are clearly pretty shook up and therefore its bullying so keep this letter safe.
DCA's have absolutely no rights to do anything without a courts say so. From what I gather you would have to default on a ccj before getting an attachment of earnings. And yes you would only ever pay an amount you can afford after other priority bills.

PNPSUKNET

Has a ccj been granted as yet?

Dougie1308

Thanks very much for your replies both of you, there is no ccj at present, i have just defaulted on an aggreement i had with them, so they have said their options are selling the debt, others collecting on their behalf or litigation

fermi

In that case it is a world and a half away from a CCJ, let alone an attachment of earnings.

You would have to get a CCJ and fail to make payments as ordered by the court before they could even start to think about taking those measures.

You would have plenty of opportunity to get any CCJ instalments set at something you can afford (without an attachment of earnings).

Basically, it would only normally get to an attachment of earnings stage if you stuck your fingers in your ears and ignored the court paperwork. If you take advice and deal with things, it should never get that far.

An attachment would also be set by the court, NOT the creditor. And set at a fair rate taking into account what you can afford.

Ignore these silly threats. Utterly meaningless at the the moment. They are designed to panic you with threats that they know they exceptionally unlikely to ever be able to carry through.

Dougie1308

Thank you one and all

Dougie1308

Yesterday i received a call on my answerphone stateing i must ring this number urgently, but i didnt as they didnt say who they were, then got a letter in the post from AIC with a large warning sign stamped across the top, and the same phone number, so turns out they are a debt recovery agent, after about £4000 i owe on the cc,
I am at present waiting for an answer from the cc co as i have informed them i believe the ppi i had was miss sold.
Which leads me to ask,
1) Can the DRA do anything yet until the dispute i have over the ppi is resolved
2) Can i ask the DRA to prove i owe this money.
3) I believe there is a letter i can send off to them requesting they dont phone or turn up on the doorstep.
I know i have to pay this money to them, and will, just want to be as awkard as possible, much the same as these companys are.

Thanks for your help
Doug

fermi

1) They shouldn't. But who knows?
2) Yes.
3) There are, but unless you are receiving harassing calls or being threatened with a visit, then maybe not yet?