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Attachment of earnings form ? (Unemployed on benefits = Exempt ?
Galeeno
Posts: 295 Forumite
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
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
0
Comments
-
(A) Right, but next step could be bayliffs.
(B) possibly (see A)
(C) have they asked for it ? If not no.
(D) yes
(E) where ever it says to return it to.
Info here :
https://www.nationaldebtline.org/EW/factsheets/PDFs/countycourtattachmentofearningsorders.pdfI’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
It depends who the creditor is - utility suppliers, landlords, child support and the DWP can all apply for deductions to your benefits (and others too, I'm sure). Under the circumstances, I'd get in touch with Citizens Advice, Stepchange or similar and get advice on how to complete the forms.Mortgage
June 2016: £93,295
September 2021: £66,4900
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