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Judgement re Attachment of Earnings...
each_peach_pear_plum
Posts: 109 Forumite
Hi All,
Can someone please check my understanding of the letter I have just received. MBNA have asked for an Attachment of Earnings despite me paying them £20 pm ( I am currently paying £1pm to all my other debtors due to OH being out of work)
The letter reads as (and this is word for word)
'Upon reading the defendants N56 Statement of Means and the employers N338 Statement of Earnings, and upon it appearing to the court that the defendants net income averages below the figure calculated for the protected earnings rate and therefore is currently too low to allow an AoE order to be made without notice.
It is ordered that:
1. The AoE application be adjourned generally with liberty to restore.
2. There be liberty to request a hearing date
Dated: 27th March
To the Claimant:
Take notice that the defendant offers to pay the debt at a rate of £1 per month. A variation order will be drawn at this rate unless the claimant give written objection to the court by 4pm on Fri 3rd May'
Now, I read this as I must continue to pay MBNA £1 per month and that they cannot request a AoE because of my income vs outgoings. The bit in bold I am not too sure about....
Can anyone translate?
eppp
Can someone please check my understanding of the letter I have just received. MBNA have asked for an Attachment of Earnings despite me paying them £20 pm ( I am currently paying £1pm to all my other debtors due to OH being out of work)
The letter reads as (and this is word for word)
'Upon reading the defendants N56 Statement of Means and the employers N338 Statement of Earnings, and upon it appearing to the court that the defendants net income averages below the figure calculated for the protected earnings rate and therefore is currently too low to allow an AoE order to be made without notice.
It is ordered that:
1. The AoE application be adjourned generally with liberty to restore.
2. There be liberty to request a hearing date
Dated: 27th March
To the Claimant:
Take notice that the defendant offers to pay the debt at a rate of £1 per month. A variation order will be drawn at this rate unless the claimant give written objection to the court by 4pm on Fri 3rd May'
Now, I read this as I must continue to pay MBNA £1 per month and that they cannot request a AoE because of my income vs outgoings. The bit in bold I am not too sure about....
Can anyone translate?
eppp
VSP: #64
0
Comments
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It means that either you or MBNA can request a new hearing date if you're not satisfied with the judgment.What will your verse be?
R.I.P Robin Williams.0 -
Thank you VSP: #640
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It also looks like they will put the application for an attachment of earnings aside but can reinstate it at a later date if they want to.0
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