Attachment of Benefits by Private Individual

mazza4011

A brief history. Not looking for sympathy, just providing info.
I work in construction. Made bankrupt four years ago after two companies went bust in quick succession taking us with them. Had moved into a flat before this and was managing the rent with no problem. At forty-two I was suddenly claiming benefits for the first time
Over the next three years was always getting into arrears when not working (LA paid 1 bedroom rate and I lived in a 2 bedroom flat). When I found work I was able to pay off the arrears but just as I did work would dry up again and the cycle repeated. Early last year my landlord decided he wanted to put the rent up. He knew the council was making changes to the way it calculated HB with the result it would go down and therefore widen the gap between rent and HB each month, so decided not to renew the lease. I tried to get him to change his mind as I loved the place but he refused and I belligerently refused to leave until legally required to.
Which brings me to my point. I have since moved into a shared house, but a company called Legal 4 Landlords have written to me at my sisters address threatening court action over the arrears. (How they got the address I don't know). Their figures I don't dispute, and if I had the money I'd pay it. They mention bayliffs, excecution of goods (best of luck with that), and attachment of earnings and benefits.
I imagine this is a standard letter (as the last line says I might be evicted if the arrears continue), and no doubt it contains an element of scare tactics, but considering it was addressed wrongly can I be considered to have been notified, and can an attachment of benefits be made. If so, how much is this likely to be? I've read up on attachment of earnings, but nowhere does it mention attachment of benefits.

harveymail

Hello there

I have little knowledge in these matters but it sounds very much like a standard threatening letter. As far as I am aware they can only do what they have threatened if if they taken Court Action and obtained a CCJ against you and then you don't pay the CCJ.. If court papers are issued you would just have to put your income and expenditure and whatever was left would go to pay the CCJ , this can be as little as £1 per month, especially if you are on benefits.

I take it don't dispute the figure?

Also, you may be better posting on the Debt Free Wannabe forum, think its further up than this one as they have some very knowledgable people who can help with debts (and to all intents and purposes this is a debt) and help you with letters to send, they are very nice people who will not judge in any way.

I hope this helps somewhat. Good luck

pmlindyloo

Echoed - go to the DebtFree Wannabe forum - excellent help available there.

harveymail

Sorry, forgot to add, if you do not dispute the debt you may be as well making an offer to repay them at £xx per month to stop it being taken further. You can download letters from the National Debtline and also an Income & Expenditure forms to send this company. If you are on benefits they are, as far as I am aware, legally bound to accept a payment of £1 per month but please check on the DFW board.

mazza4011

Thanks for the replies, they are much appreciated. I shall re-post.