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Empliyers still deducting attachment of earnings despite DRO

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  • debt_doctor
    debt_doctor Posts: 4,595 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    JCS1 wrote: »
    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)
    Have to agree, the employer needs to receive a direct instruction from the court.

    The money deducted after the DRO was made needs to be returned to the debtor.

    DD
    Debt Doctor, Debt caseworker, Citizens' Advice Bureau .
    Impartial debt advice services: Citizens Advice Bureau Find your local CAB *** National Debtline - Tel: 0808 808 4000*** BSC No. 100 ***
  • Apparently according to the court, who both DH and the employer spoke to today the letter was sent to both DH and employer on the same day. Seems strange that they seem to have not received it.

    How would he get the money back and am a bit worried about this as not far off the £300 now seeeing as its taken so long to stop. The DRO WAS on 20th Dec so cant see why its taking this long
  • debt_doctor
    debt_doctor Posts: 4,595 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Apparently according to the court, who both DH and the employer spoke to today the letter was sent to both DH and employer on the same day. Seems strange that they seem to have not received it.

    How would he get the money back and am a bit worried about this as not far off the £300 now seeeing as its taken so long to stop. The DRO WAS on 20th Dec so cant see why its taking this long
    Hi, after making sure it is not above £300 you should write to the creditor and ask for the money to be returned as they did not have a remedy for the debt after the date of the DRO. If they didn't pay up (and they are a 'normal' creditor ie with a credit licence) then a formal complaint and referral to F.O.S. if needed.

    DD
    Debt Doctor, Debt caseworker, Citizens' Advice Bureau .
    Impartial debt advice services: Citizens Advice Bureau Find your local CAB *** National Debtline - Tel: 0808 808 4000*** BSC No. 100 ***
  • The money goes to Restons solicitors- original debt was with HFC bank
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