HELP £75,536 attachment of earnings

Kayleigh1986

Seriously help, in 2005 me and the ex bought an apartment were pushed into it, i was just 18 and thought the apartments were to rent, they hard sold us one, did income stretches to make sure we got the mortgage then my ex walked out of work and i couldnt pay the mortgage and we handed the keys back. We bought it for £83,000 and the halifax sold it for £37,500

today i got an attachment of earnings for £75,536, i have to send it back within 8days or face 14days prison.

I need to go bankrupt NOW. but how do they expect you to find £525 to actually go bankrupt when u have no money?

nuttyp

who has sent the letter? have you had no correcspondence? how do they know your employment details?? more in fo needed, maybe is a scare tactic.

HappyMJ

Put it on the credit card? Use the overdraft? You won't actually face prison. That's just a threat that they extremely rarely carry out.

fermi

Info on responding to the AOE in this link:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=22_attachment_of_earnings_in_the_county_court

You won't automatically "go to prison" if not returned within 8 days. It explains in that link.

Were you aware of a court order (CCJ) for this debt before this? Is/was the amount disputable?

Kayleigh1986

nuttyp wrote: »

who has sent the letter? have you had no correcspondence? how do they know your employment details?? more in fo needed, maybe is a scare tactic.

The letter is from my local court, it doesnt have my employment details on there, its a form to send back with my income and expenditure details so that they can set up an attatchment of earnings. Ive only ever had one previous letter but i have moved round alot so they wouldnt have been able to find me presumably.

fermi wrote: »

Info on responding to the AOE in this link:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=22_attachment_of_earnings_in_the_county_court

You won't automatically "go to prison" if not returned within 8 days. It explains in that link.

Were you aware of a court order (CCJ) for this debt before this? Is/was the amount disputable?

I knew that the apartment had been reposessed but wasnt aware of a court order? sorry im not really up to speed with all this, like i said, i was so young and just didnt have a clue and have been in rented property ever since. I believe the whole amount is disputable but just far too much hard work....this is just a few details.....


One day me and my now ex were listening to the radio and it was advertised that there was a new block of apartments, we thought they were to rent so we went to have a look, when we got there and had a look round we were told they were to buy, we said we werent in a position to buy but they said go and speak to our mortgage consultants and just see (they had them based in one of the apartments for the day) we spoke to them and they checked and said we would be able to get a mortgage based on our earnings. The company who were selling the apartments were offering a 5% incentive so the mortgage was for 95%. we were living in a furnished flat at the time so had no furniture, they showed us a furniture package and told us they could add it to the mortgage. Then they said they needed £200 deposit, they had me ring my nan and ask her for it, she said no, but them they just said that they would go ahead and do it anyway (they knew they would get their money and we were an easy sell clearly)

We paid a ground fee to the leaseholder of the building. This is the person we later surrendered the lease back to, and they in turn gave us £1,200 to rent a house privately (i was pregnant at the time) and then we left, and the halifax (who the mortgage was with) took posession of the property. There was an £83,000 mortgage remaining, and the Halifax accepted an offer for £37,500. I know the value of the property was £80,000 as we had it valued and put it on the market as soon as we could afford it but we couldnt sell.

A 2bed version of our flat (ours was a 1bed) in our block is currently for sale for even less than ours was sold for......

antrobus

Kayleigh1986 wrote: »

.... There was an £83,000 mortgage remaining, and the Halifax accepted an offer for £37,500. I know the value of the property was £80,000 as we had it valued and put it on the market as soon as we could afford it but we couldnt sell.

A 2bed version of our flat (ours was a 1bed) in our block is currently for sale for even less than ours was sold for......

The 'valuation' would have been an estate agent's guess I imagine. There were no buyers at that price. £37,500 appears to have been the market price for the property, thereby crystallising a loss. Presumably one can add in some arrears, costs, interest accruing since the repo etc to get to a very big number indeed.

Both you and your ex are liable for this amount; the Halifax can chase either of you and demand the full sum. You might well feel that you were in some way 'mis-sold' the property by the developers. That might or might or might not be the case, but sadly the Halifax has no responsibility for any of that.

I'd take note of the information supplied on the link given above - http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=22_attachment_of_earnings_in_the_county_court - in particular the message;

Phone us for advice 0808 808 4000


That's what I would do.

Kayleigh1986

antrobus wrote: »

The 'valuation' would have been an estate agent's guess I imagine. There were no buyers at that price. £37,500 appears to have been the market price for the property, thereby crystallising a loss. Presumably one can add in some arrears, costs, interest accruing since the repo etc to get to a very big number indeed.

Both you and your ex are liable for this amount; the Halifax can chase either of you and demand the full sum. You might well feel that you were in some way 'mis-sold' the property by the developers. That might or might or might not be the case, but sadly the Halifax has no responsibility for any of that.

I'd take note of the information supplied on the link given above - http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=22_attachment_of_earnings_in_the_county_court - in particular the message;

Phone us for advice 0808 808 4000


That's what I would do.

Thanks for the reply, i understand about the property price its just crazy how much was lost in it. I know that i neither have the knowledge or energy to fight this in regards to being miss sold and being practically pushed into buying it but i wish i did, and i understand that all halifax want is their money. My ex and i are jointly and severably liable for the amount, so i dont understand why only i have this court letter, theres no mention of him on there and i have previously given them his address and i will do this again tomorrow morning. I can only think its because he sits on his !!!! claiming benefits and i work. I only work part time though and already have 2 attachments of earnings for council tax on this particular apartment so they cant add another.

I believe my only hope is to declare myself bankrupt and take myself out of the equation and they can do whatever they want to chase him then.

Thank you for your advice, i will contact them tomorrow, and i will be speaking to my case worker at the council, they have contacts at cccs aswell

thanks again

SouthCoast

And information on mortgage shortfalls:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=11_mortgage_shortfalls

NeverAgain_2

I wonder if attachment to earnings orders are included in bankruptcy?

Might be best to bankrupt yourself quickly, before one can be set up.

fermi

NeverAgain wrote: »

I wonder if attachment to earnings orders are included in bankruptcy?

Yes they are.

Although they can sometimes be a fiddle to get the payments stopped once you have gone BR.