Empliyers still deducting attachment of earnings despite DRO

alwaysskint96

My husband had a DRO approved on the 20th dec 2011. However he is still being deducted money each week from his wages for an attachment that was set up in Nov 10 from a CCJ.

The insolvency service have written to the employers but they still say they cannot stop the deductions until they get word from the actual court. This seems highly irregular from things I have read.

Any advice on how to get this AOE stopped?

fermi

Presumably the same as in this case here?

http://forums.moneysavingexpert.com/showpost.php?p=48138095&postcount=24

p83 works for the court, so knows what she is talking about.

JCS1

Insolvency service need to contact the court, not the employer.

Payroll are correct, the AofE is court ordered, and can only stop either when paid in full or ordered to by the court.

alwaysskint96

Thanks for the info, wouldve been nice if people, either the insolvency service or CCCS had actually told us this. How long is reasonable for this to go on?, it will be a month passed in 3 days. Surely it shouldnt take this amount of time to be sorted

fermi

I think you can probably take matters into your own hand as p83 describes in that link.

penguin83 wrote: »

Sorry I have just seen this - thanks Fermi.

It should be pretty straight forward to stop the attachment if it is still going by sending (or taking) a copy of your bankruptcy order to the court that administers your attachment and cross referencing it with the case number. The court will then be able to discharge it and inform CAPS and your employer to cease payments.

It sounds though as if the wheels may already be in motion to sort this so to save you a journey down to court either ring your court or CAPS (0845 408 5312) in the morning to see if it has been discharged xx

alwaysskint96

fermi wrote: »

I think you can probably take matters into your own hand as p83 describes in that link.

Yes will do, wouldve done originally if we had known all this. CCCS simply told him that the attachment would be stopped as payments shouldnt be made after the DRO date, failed to tell us about needing to contact courts etc

Hopefully this will provide usefu; info for anyone else in same situation

fatbelly

This is the guidance that the DRO Unit provides to intermediaries. Sounds like something has gone wrong in this case.

Please Note if an applicant confirms that they do indeed have an Attachment Of Earnings Order, the DRO Unit will be automatically notified by way of an email. In the event that the DRO application is subsequently approved by the Official Receiver, he will notify the employer and relevant Court of the making of the Order. However, once an order is approved the applicant may also wish to notify their employer that no further deductions should be made from their salary and may support their claim by the production of their Debt Relief Order.

alwaysskint96

Well DH phoned the court this morning and they told him to send in the copy of the DRO along with the court order for attachment so they can sort it

alwaysskint96

As stated on the 18th Jan DH sent a copy of his DRO to the court first class. However no letter still from the court to the employers. The insolvency service have sent another letter to employers which they have received last Monday but still they are not willing to stop the AOE, He has spoken to the court today and they seem to know that he has a DRO but claim they have had no letter???

Running out of ideas on how to get this sorted now, any more advice.

The solicitor that the money goes to has said that the case was closed on 20th dec which was the date of the DRO.

Really cannot afford to keep losing this money each week

alwaysskint96

An update on this continuing saga. After speaking to the court on numerous occasions and sending in copy of the DRO to them DH received on Saturday a form from ther court with a court stamp which ordered the attachment to be dismissed from 27th Jan ) dunno why 5 weeks after the DRO). Also enclosed was a copy of a letter from the insolvency service to the court

DH has taken this into work today and his payroll dept are STILL saying they cannot stop the attachment as the letter was not addressed to them

This is madness as they are now going against the court paperwork

JCS1

alwaysskint96 wrote: »

An update on this continuing saga. After speaking to the court on numerous occasions and sending in copy of the DRO to them DH received on Saturday a form from ther court with a court stamp which ordered the attachment to be dismissed from 27th Jan ) dunno why 5 weeks after the DRO). Also enclosed was a copy of a letter from the insolvency service to the court

DH has taken this into work today and his payroll dept are STILL saying they cannot stop the attachment as the letter was not addressed to them

This is madness as they are now going against the court paperwork

The court should issue a stop notice to the employer. To be honest, I would have done the same when I used to do payroll. You get notification from the court to start, you need notification from the court to the employer to stop.

Hopefully they should receive such letter soon (you would hope they would do the one to your OH and one to the employer at the same time)