Attachment of earnings

shopaholic2

Hi, can anyone tell me what happens when the county court send out an attachment of earnings order, but you don't earn anything?

I've had a long standing CCJ, paying £10 per month, and it's lapsed as A) the company taking payment changed and I couldn't find how to pay online, I even asked them and their answer didn't answerable question. And my dad became terminally ill this year and died, which meant I forgot about any thing not on direct debit.
I get ESA and DLA, which I've written in a seperate letter along with my outgoings.
I've apologised and asked if icanpay the arrears and the continue with £10 per month.
But what will happen? Will they want an attachment of benefits?
I've been suffering badly since dad died, and this really has made my day (not).
The threat of prison if I don't return the form in 8 days has also terrified me altho I sent it back today, 1st class recorded, even tho I only got the form today.

shopaholic2

Can anyone help??

chanz4

they may go for an attachement of benefits, but this cant be consumer debt

shopaholic2

Thanks, what do you mean by consumer debt? It's a CCJ from a credit card.

thewhiteavenger

They've wasted their money. They must be particularly dim to try an attachment to earnings on someone who is not earning.

They can't attach to benefits.

The enforcement options available to them are:

• county court bailiff. They can't use the high court route as this is a cca debt.
• third party debt order - if they have your bank details they can freeze your account and take money out.
• charging order - secure the debt against your property if you own one
• petition for your bankruptcy if you owe more than £750

They can ask you to attend court to give them info about your circumstances via an order to obtain information - it would have made more sense to do this instead of jumping in with an aoe

shopaholic2

Would you happen to know who decides what happens next? Is it the court or the dca? I've emailed the dca to explain what happened, I paid this every month but dad became very ill, then died, and I couldn't function.
I've said I can pay the arrears and continue paying the ccj monthly if they'll let me...
Also, can they request my husbands earnings? This has nothing to do with him, and although we live together we live separately.

Thanks for any help

seanavfc92

shopaholic2 wrote: »

The threat of prison if I don't return the form in 8 days has also terrified me altho I sent it back today, 1st class recorded, even tho I only got the form today.

Not going to happen. You would have to not return the N56 and N61 to be summoned to court.

You've filled in the N56 as required so this simply won't come to fruition.

thewhiteavenger

shopaholic2 wrote: »

Would you happen to know who decides what happens next? Is it the court or the dca? I've emailed the dca to explain what happened, I paid this every month but dad became very ill, then died, and I couldn't function.
I've said I can pay the arrears and continue paying the ccj monthly if they'll let me...
Also, can they request my husbands earnings? This has nothing to do with him, and although we live together we live separately.

Thanks for any help

In reverse order, it's nothing to do with your husband.

Pay £10 per month if you can. Is that what the ccj currently demands? How long will it take at that rate to clear the debt?

The current owner of the debt has to decide what they do. The aoe application is dead now.

Be cautious of communicating with them as if they were normal human beings. They are not communicating reasonably with you - they are chucking the court process at you.

Do you have other debts? If so, how much do you owe in total?

shopaholic2

Thanks for that info.
The CCJ was for £10 per month, I owe £2700 so it's going to take a while I know!
I've seen that they could send the bailiffs so I've downloaded a form which I can use to put them off.
I worry they'll make me go to court to declare my finances, which aren't great, but my husband earns a good deal, if they combine our incomes they'd have a field day!
I have other, small debts,that are very well controlled.
I probably owe about £1000 altogether with those.
Someone else said it would cost them more money now to take any further action, so they'd be sensible to accept my offer...
What do you think?
Appreciate all your help.

thewhiteavenger

Yes, pay the £10 per month and use the N245 if they try bailiff action.

You are probably eligible for a DRO as long as you don't own (a) a house or (b) a car worth more than £1000. Your husband's income is not taken into account. It would bring this whole situation to an end, provided you qualify.

chanz4

why not save hassle and ask hubby to lend it you?