Protected earnings amount in relation to Attachment of Earnings

poppy1008

I have a debt (not sure of amount) and have received a letter from Mortimer Clarke Solicitors saying their Client has a CCJ against me and if I don't pay in full or provide details of my financial circumstances then they will make an application for and attachment of earnings. Someone has mentioned that there is a protected earnings amount - can anyone tell me what this figure is so that I have an idea of how much to offer them so that they don't go down this route. Also is there anywhere that I can get a pro forma income and outgoings form to use?

Thanks in advance

poppy1008

can anyone help please?

sourcrates

Hi,
Unsure of the specifics, but National Debt-line have lots of info here :

https://www.nationaldebtline.org/EW/factsheets/Pages/22%20EW%20County%20court%20-%20attachment%20of%20earnings%20orders/Default.aspx?gclid=CIyj36_NyMUCFWPnwgodqScAeA

poppy1008

I was a little concerned when they are asking me to contact them by telephone!! I don't think I want to do that!I would rather use email or post but I don't even know who their client Marlin Europe I Limited is!!! Never had any previous letters about this and certainly never received a Court form - they even had me down at wrong address :-(

Vikipollard

poppy1008 wrote: »

I have a debt (not sure of amount) and have received a letter from Mortimer Clarke Solicitors saying their Client has a CCJ against me and if I don't pay in full or provide details of my financial circumstances then they will make an application for and attachment of earnings. Someone has mentioned that there is a protected earnings amount - can anyone tell me what this figure is so that I have an idea of how much to offer them so that they don't go down this route. Also is there anywhere that I can get a pro forma income and outgoings form to use?

Thanks in advance

poppy1008 wrote: »

I was a little concerned when they are asking me to contact them by telephone!! I don't think I want to do that!I would rather use email or post but I don't even know who their client Marlin Europe I Limited is!!! Never had any previous letters about this and certainly never received a Court form - they even had me down at wrong address :-(

Who is the debt with? You said Mortimer Clarke, then Marlin Europe. Maybe check your credit files (the £2 statutory reports, not an overpriced subscription for a worthless number)?


At least then you will know the amount and more information about the CCJ.

poppy1008

The letter is from Mortimer Clarke and refers to their Client Marlin - never heard of Marlin so am wondering if they have bought the debt? I have checked my noddle credit report but it just says CCJ Northampton 15017 - I have no idea who this could be :-( The fact that their letter asks me to ring them but doesn't say who original debt was with or for how much is what concerns me - I am going to write to request more information I think

fatbelly

How the employer operates an attachment of earnings order (including how the Protected Earnings rate and the Normal Deduction is applied) is public domain

https://www.justice.gov.uk/downloads/courts/centralised-attachment-earnings-payment/ae_e0507.pdf

but the Determination of Means Guidance that the court uses to come up with those figures, isn't, as far as I know.

I did have a copy many years ago but it would be out of date now.

The PER isn't a set amount - it relates to what surplus income you have.

poppy1008

Is there any sort of guidance on allowances for food, travel etc? At the end of each month I have about £80 left after paying out usual bills but someone said I should also take into account things like gifts for birthdays and things like that?

fatbelly

If you are trying to avoid an AoE and can afford a £50 court fee you may want to try getting the court to 'vary the order' to what you can afford.

https://www.nationaldebtline.org/EW/factsheets/Pages/08%20EW%20County%20court%20-%20suspending%20a%20bailiff%27s%20warrant%20or%20reducing%20instalments%20on%20a%20county-court%20judgment/Default.aspx

They would then be unable to get an AoE while you kept to the new terms.

The court would generally be happy with £80 per month as long as the debt was less than £5000

poppy1008

Order has not been made yet - the solicitors are asking me to ring them with details of my income and outgoings to try to avoid them taking me to court for an AoE - I dont like the fact that I havent received any Court papers and I don't recognise their Client - see below

matttye

Before you worry about attachment of earnings, you need to ascertain whether or not a debt is actually owed and if a CCJ actually exists. You can apply to have the CCJ set aside if it was wrongly issued.