Robson Way Court Order Help!!

Headinthesand2016

Hello,

Because of my own stupidity I've been burring my head in the sand since I got a CCJ, now a company called Howard Cohen have made an application to the Court for an Attachment of Earnings order. I called them wanting to set up a payment plan, so I could write to the Court and ask them to suspend the order. I'm unemployed, so they wouldn't be able to make an Order anyway but I want to start dealing with this asap.

When I called I was put through to Robson Way who deals with the debt repayments. The lady on the phone asked why it had taken me so long to make contact and I said it's been stressing me out, my husband just lost his job, and I've been foolish and tried to avoid it.

She clung to me saying I was stressed out and said they can put a "notation" on my file which would withdraw the order so I don't need to contact the court. They would then get details of my income to make sure I can make the payments I say I can and they can refer me for help with the stress if I need it. I said I would have to call her back.

I don't know much about this notation and if it's going to benefit me, or make things worse. I explained I wanted to write to the court and suspend the order and make a payment today, but then she mentioned this notation again.

I've researched online but I can't find anything out about it. Does anyone know what this is about and whether I should do it or not?

Thanks.

sourcrates

Hi,


I am not a legal expert, so cant help with your question myself, but one thing I can suggest is not to take advice from any DCA.


There is a dedicated forum for legal issues, you should ask on there, this is the link :


http://legalbeagles.info/


alternatively a call to National Debtline (number below) may be of benefit to you.

Headinthesand2016

Thanks for your help, I've posted this message there.

It just sounded like she was pushing it a bit, and I felt as though it wasn't trustworthy so that's why I wanted to check it out. I'm glad you think the same!

Thanks again.

National_Debtline

Hi

I’m not familiar with the notation mentioned by Robinson Way, but someone that can give legal advice may be able to clarify that for you.

In order to establish a payment plan it’s best to do that through the court if the CCJ is not withdrawn. You can apply to vary the CCJ to an affordable instalment plan using a court form called N245. This normally costs £50 but if your income is low you should be entitled to fee remission by also using a court form called EX160 with your application.

As long as you then stick to the instalments set by the court the claimant can’t apply to use any enforcement measures.

James
@natdebtline

fatbelly

Firstly, stop talking to Robinson Way.

You're unemployed. Bit of a waste of their time asking for an attachment to earnings then. You can't have an attachment to earnings order (suspended or otherwise) if you have no earnings. But make sure you reply to the court letters as they won't know this unless you tell them

Your husband has lost his job. I can't see how you can offer payment at the moment.

Do you have other debts? What was this debt originally?