Notice of Application for Attachment of Earnings Order- Optima Legal

IAN1

All,

Has anybody had success in an offer for voluntary payment.

I have received an order after missing 2 monthly payments, on £5598.61 debt. My order monthly payments were agreed at £39.50 via CCJ order. I can make this payments but in all honesty forget to re set up standing order on-line after they were accidentally deleted.
I'm in a very sensitive work siltation and an attachment request via the courts would put my job in major jeopardy, I really cannot let this go via my employer. I have contact Optima to request that I pay arrears and continue to pay monthly payments without fail via direct debit. However I haven't heard back from them, I need to reply to the court by this Wednesday. I have a feeling Optima legal will state I need to go direct via the court process of sending in voluntarily request.

If a voluntary request is rejected do the courts go ahead with earnings order via employer?

antonic

If your in England the following applies

Attachment of earnings

If you haven’t made payments to a count court judgment (CCJ), your creditor can ask the court to use an attachment of earnings order to collect the debt.
This order allows the creditor to take payments directly from your wages.
You’ll receive a 'Form for replying to an attachment of earnings application' (N56) from the court. You need to complete this and return it within 8 days, along with a copy of your most recent wage slip. If you don’t reply you might get a summons to go to court for questioning.
On the form you can offer to pay a monthly instalment and ask for the order to be suspended. If your offer is accepted you'll have avoided an attachment of earnings as long as you keep up with the payment you offered. If your offer is accepted your employer won’t be informed.
However, if the order is granted, the court will contact your employer and payments will be taken from your wage along with a £1 administration fee each time.
The magistrates’ court can also issue a similar attachment of earnings order if you can’t pay a magistrates’ court fine.
Free debt help

If you’ve received an N56 or you’re struggling to pay a CCJ, we can help. You can use our online Debt Remedy tool, or call our free Helpline on 0800 138 1111 as it’s important you get expert advice as soon as possible.






Lifted from the Stepchange website

http://www.stepchange.org/Debtinformationandadvice/Whatyourcreditorscando/Courtaction/EnglandWalescourtaction/Attachmentofearnings.aspx

I suppose you can ask Optima if they will reinstate the previous arrangement , but would suggest

1) You pay the missing instalments immediately and
2) Set up the DD to pay subsequent the following ones.

Now here is the harsh part :

1) They arent interested in the effect on your job because you have failed to adhere to the previous arrangement and
2) I would recommend telling your HR section about this problem BEFORE they find out via the AEO - you never know you might not be the first employee they have had in this situation and
3) Is it written in your contract/staff handbook that you have to make them aware of a situation like this ? - In my job if I was to go bankrupt or have this aimed at me, I would be in serious trouble !.

Good luck and post back if you need more help.

IAN1

antonic wrote: »

If your in England the following applies

Attachment of earnings

If you haven’t made payments to a count court judgment (CCJ), your creditor can ask the court to use an attachment of earnings order to collect the debt.
This order allows the creditor to take payments directly from your wages.
You’ll receive a 'Form for replying to an attachment of earnings application' (N56) from the court. You need to complete this and return it within 8 days, along with a copy of your most recent wage slip. If you don’t reply you might get a summons to go to court for questioning.
On the form you can offer to pay a monthly instalment and ask for the order to be suspended. If your offer is accepted you'll have avoided an attachment of earnings as long as you keep up with the payment you offered. If your offer is accepted your employer won’t be informed.
However, if the order is granted, the court will contact your employer and payments will be taken from your wage along with a £1 administration fee each time.
The magistrates’ court can also issue a similar attachment of earnings order if you can’t pay a magistrates’ court fine.
Free debt help

If you’ve received an N56 or you’re struggling to pay a CCJ, we can help. You can use our online Debt Remedy tool, or call our free Helpline on 0800 138 1111 as it’s important you get expert advice as soon as possible.






Lifted from the Stepchange website

http://www.stepchange.org/Debtinformationandadvice/Whatyourcreditorscando/Courtaction/EnglandWalescourtaction/Attachmentofearnings.aspx

I suppose you can ask Optima if they will reinstate the previous arrangement , but would suggest

1) You pay the missing instalments immediately and
2) Set up the DD to pay subsequent the following ones.

Now here is the harsh part :

1) They arent interested in the effect on your job because you have failed to adhere to the previous arrangement and
2) I would recommend telling your HR section about this problem BEFORE they find out via the AEO - you never know you might not be the first employee they have had in this situation and
3) Is it written in your contract/staff handbook that you have to make them aware of a situation like this ? - In my job if I was to go bankrupt or have this aimed at me, I would be in serious trouble !.

Good luck and post back if you need more help.

Many Thanks for the advice. I will keep you posted.