Payments to Moon Beever due to start - problems with pay

Ineedaname

How does that work then DI? Surely the debt for the attachment of earnings would fall into the BR and the OR would then have ruling over stopping the deduction from wages?

debtinfo

What the law says is that the creditor is not allowed to keep the benefits of the AOE. Therefore when the B.O is made the OR will write to the creditor and the employer and the court informing them that the B.O has been granted and pointing out that the creditor cannot keep the proceeds. They dont have the authority to stop the AOE as it is a court order so only the court has the power to revoke it, The OR is not party to the AOE and your income does not vest so the OR cannot make application to the court for it to be stopped. As with many things in bankruptcy it is for the bankrupt to defend themselves in court against creditor action, so the only absolute way to make it stop is for the bankrupt to make application to the court.

What the OR can do is take any money the creditor gets from the AOE away from them and recover it for the bankruptcy estate, as they cant keep the proceeds, after a while the creditor normally gets the point and will voluntarily withdraw the AOE but they dont have to and if they are not organised themselves may not bother

Ineedaname

Excellent information, thank you DI.

brclub

Does all this mean then that I have to pay the ipa on top of the aoe or will I pay the difference between the two and the or will take the aoe from the creditor?

I'm happy to do this in court but the or has repeatedly told me that it's been dealt with by them and the aoe would end at the end of September.

fermi

The OR, Moonbeaver etc shouldn't deprive you of funds to meet your reasonable domestic needs, via an IPA or otherwise.

So if it's a choice between paying the full IPA or eating, paying rent etc, then your vital living costs come first. If it comes to that then you obviously tell MB/OR what you are having to do.

But as DI says, the OR cannot stop the AOE. They can inform the court of the making of the BR order, but cannot direct the court. In th same way as they cannot stop a CCJ after BR. They can inform the court of the BR, but it's then up to the court, and why it's vital you don't depend on the OR to sort it for you.

The upshot is that you need to get onto the court ASAP to have the AOE discharged.

Don't depend on the OR to sort it for you.

If you are taking measures to get that done then MB/OR are likely to be understanding when/if you have to miss or postpone your first few IPA payments. If you don't, then tolerance may diminish as you aren't helping yourself.

brclub

Thanks for the info fermi. I'm getting frustrated by it anyway, I went br in June and the ipa is only just due to start.

I've been worrying about this aoe for months now and the or has constantly told me that they've sorted it and the aoe would stop... they've told me I don't need to do anything myself and I've believed them. I just hope they understand this now and accept that I can't make the full payment and the aoe... I'd rather start paying now the remainder than delay payments again.

How do I need to get in touch with the court and start this process off of getting the aoe stopped? And how long will it take until the court stops it and my company get told?

fermi

Not something I've had to do myself or help with, so not completely sure.

Obvious thing is to contact the court first thing tomorrow and ask them what to do.

There are a few court staff who post here, so I'll PM one of them to see if they can give a pointer as well.

brclub

Thanks for your help fermi, really appreciate it.

brclub

I've just checked my emails from the or and this is what she has said to me:

Dated 19/09 - "Today I have received a letter from Brachers LLP confirming the attachment to earnings has been cancelled and they wrote another letter to CAPS who administer the attachment."

Does this mean that it has been cancelled or do I still need to get in touch with the courts?

Thanks.

fermi

Well, that is dated 19th September. Getting on for month and 1/2 ago!!!

When have AOE payments been deducted since then?

You could excuse one shortly after that being taken, as the message may have taken a while longer to get through.

If they are still taking recent AOE payments and haven't instructed your employer to stop, then clearly you need to take proactive measures to have them stopped yourself. via the court if needed.