Attachment of earnings form ? (Unemployed on benefits = Exempt ?

Galeeno

If being sent an Attachment of earnings form, by a debtor for chasing up a debt that the person has not paid,

and the 3rd party debt company (who the debt has been sold to) have sent an Attachment of earnings form to the debtor,

but if this debtor is unemployed and on benefits,

a) then the creditor cannot take anything £ from them right?

The main question is, they Attachment of earnings form has to be sent back in 8 days,

b) Can this form be sent back, with the debtor writing back saying
"the debtor is unemployed and on benefits",
will that be suffice for them to take no further action?


c) Is a proof of benefits letter needed to be sent with this form? (or they don't really require it)

d) Does these forms questions have to be answered?

Now,the fact that the debtor is on benefits means that the creditor wont take any money anyway,
so can they send in the form back, without having to answer them questions on the they do not have to answer them questions?

(by questions asked/ that do not have to be answered...
... I mean the questions on
-outgoing Expenses
-bank accounts
-rent
-telephone
-etc


e) Does this Attachment of earnings form have to be sent to the court? or to the address on the front of the Attachment of earnings form ?
(which says address for payment)


Can you please answer in a, b, c, d, e format please,

That would be appreciated thank you very much


ADDED:
They have sent a form N56

It is for a Credit card debt

steampowered

You are probably better off posting this in the benefits forum. Others will have more expertise than me, but my understanding is as follows ...

a) then the creditor cannot take anything £ from them right?

In some circumstances, it is possible for third party deductions to be made from benefits. For certain types of debt (such as council tax) it is also possible for an attachment order to be made against benefits. It is impossible to comment further without knowing what the debt was for.

b) Can this form be sent back, with the debtor writing back saying "the debtor is unemployed and on benefits", will that be suffice for them to take no further action?

Assuming the form has come from the court (which it usually would do), if you ignore it, you will be in contempt of court and could receive an order to attend court for questioning. If you ignore that, further orders could be sought ultimately leading up to imprisonment for contempt of court.

You can't just write "unemployed and on benefits". You are required to list your income and expenditure. If you are unemployed the figure for take home pay will be £0.

c) Is a proof of benefits letter needed to be sent with this form? (or they don't really require it)

No

d) Does these forms questions have to be answered?

You have to answer the form.

e) Does this Attachment of earnings form have to be sent to the court? or to the address on the front of the Attachment of earnings form ? (which says address for payment)

Refer to the "Notice of Application". The form gives you guidance on this.

CIS

a)An attachment of earnings can only be in place where there's an employer.

Is it regarding a CCJ ?
b)It sounds like it's form N448 which is to gather information with the intent to attach. It needs to be completed and returned with all relevant information - if not employed then there's a box to tick.

c) Probably best to supply proof.

d) If it's form N448 then form N56 only needs to be completed if you're employed.

e) The forms are usually returned to the court.

If it's Council Tax post back as the situation is different.

Craig

Galeeno

ADDED:
They have sent a form N56

It is for a Credit card debt

CIS

The N448 states on the front that N56 is only needed if employed.

There's a separate box to tick to say you're unemployed.

Craig