Attachment of earnings advice

Tigger1946

Has anyone who has ever challenged an attachment of earnings amount been successful in getting this reduced to an affordable amount? I have sent a letter to court and a hearing has been arranged to discuss this I just do not know what to expect or if this can even be a possibility (reducing amount)

Any help much appreciated

HappyMJ

Tigger1946 wrote: »

Has anyone who has ever challenged an attachment of earnings amount been successful in getting this reduced to an affordable amount? I have sent a letter to court and a hearing has been arranged to discuss this I just do not know what to expect or if this can even be a possibility (reducing amount)

Any help much appreciated

Yes people have been successful with reducing the amount.

You need to show that you cannot pay all of your "essential" bills with what is left and that is very difficult as they do not count credit card and loan repayments as "essential". They also do not count savings towards holidays or emergency expenses nor do they count entertainment or anything that is considered "non-essential". They count rent, child support payments, council tax, gas, electricity and some groceries which is enough for you to "survive".

I would advise that you inflate by a little what you do spend on your essential bills so it appears you have nothing left and therefore can't afford to live which will give you some spending money on emergency items that may appear.

Tigger1946

Thank you so much. The only loan or HP I have is for a car (not in any way a posh one) and this is essential due to having a son with a illness and also to get him to and from school. I think if I prove to the judge that this is ESSENTIAL due to all of the above plus having nobody else to rely on I'm hoping they will take this into consideration? Thank you for any advice

National_Debtline

Hi

Courts have a calculation they use to determine the deduction rate, which factors in your essential living costs. They do have some discretion on this as well though. Payments towards your car as an essential outgoing should be fine if it's on HP, especially as you have a good reason for needing it.

I recommend preparing a statement of affairs to take with you to court so you know your figures. If you complete the template through this link you could post your figures here for some advice on your spending etc:

www.stoozing.com/calculator/soa.php

The court will probably want to know why you can no longer afford the original payments, so it may be because you’ve had a change of circumstances or maybe they weren’t realistic in the first place.

James
@natdebtline

Tigger1946

Thank you- it's not started yet I just had the order a few weeks ago and I know before it even starts it will cripple me and my child hence why I've been honest and asked court to amend.

National_Debtline

Tigger1946 wrote: »

Thank you- it's not started yet I just had the order a few weeks ago and I know before it even starts it will cripple me and my child hence why I've been honest and asked court to amend.

That was a good idea. It’s often best to be pro-active with this kind of thing, rather than struggling by and possibly missing payments on other important bills.

James
@natdebtline

Tigger1946

Do you know of many people who have successfully asked the court to reduce theirs? Does anyone have any examples?
To say I've had a few sleepless nights is an understatement and my child is sadly bearing my worried and panicky current self :-(

National_Debtline

Tigger1946 wrote: »

Do you know of many people who have successfully asked the court to reduce theirs? Does anyone have any examples?
To say I've had a few sleepless nights is an understatement and my child is sadly bearing my worried and panicky current self :-(

It’s certainly possible and I’ve heard of people being successful in reducing the instalments. I know it’s stressful but if your budget shows that you would be put into financial hardship due the current deduction rate you should have a good case for reduction.

James
@natdebtline