Debt agency - attachment of earnings

misty

Hi.
I am not sure if this is in the right place but couldn't find one that looked more suitable.

About 8 years ago following a dispute with a landlord, I moved out of the property owing some money. When I left, I sent an offer of £100 per month against the arrears and asked for a breakdown of exactly how much was owed. The landlord refused to accpt the amount and wanted more than double. I didn't pay them anything.

Approx 3 years later, they got in touch at my 'new' address and requested money - but still did not reply to breakdown of amount. I am pretty sure they kept adding money after I had left.

I received a thing from court which I filled in disputing the amount, stating my side of events and making an offer.

The court then found in their favour as it said I hadn't replied to form!!! This was a significant and unpayable amount. I phoned up and said I did reply, I sent it by recorded delivery and can see the signature online. The guy at the court couldn't be less helpful and said when they sign, they sign for big bags of post and not individual letters. Basically - he said tough.



It then got referred to my local court and an attachment of earnings given for a much lower amount per month was given. This was 2012. I paid this amount until 2014 when I was made redundant. I was then out of work for a year.

In late 2015 I got a new job where I am now. I have recently had a letter from a debt agency threatening bailiff action against this debt (which has now increased from 2 and half grand which I disputed in the first place) to three and half grand!

I don't know what to do. I do owe them some money but nowhere near even the original amount. I don't want to make an offer as I feel I am then accepting this new amount. I defintely don't want an attachmnent of earnings as I now work for a small family company who I know will not look favourably on this. I don't want bailiffs round either.

The CCJ was given in 2012 - the last paymnt will have been 2014

What's the best way for me to proceed?
thanks.

IAmWales

It's far too late to apply for a set aside, so you need to come to an arrangement to pay the debt. You're more than aware of what will happen if you do not.

Looking back you said you were applying for a set aside. What happened when you did this?

misty

IAmWales wrote: »

It's far too late to apply for a set aside, so you need to come to an arrangement to pay the debt. You're more than aware of what will happen if you do not.

If I was more than aware - I wouldn't be asking. Do I speak to the debt agency and even bother to explain that amount is not what CCJ was for or do they have to take me back to court? If they take me back to court, I will at least be able to prove the amount then and the amount now do not match.

misty

IAmWales wrote: »

It's far too late to apply for a set aside, so you need to come to an arrangement to pay the debt. You're more than aware of what will happen if you do not.

Looking back you said you were applying for a set aside. What happened when you did this?

The CAB suggested I asked for a set aside. They suggested I wait until it was referred to my home town. When it was referred to my home town the payments were significantly less than the orignal judgemet and I paid them.

The paperwork where I disputed the amounts originally were not received by the court (althought they were signed for) and so it was found in favour of the ex landlord as if I hadn't bother to reply.

fatbelly

It's unlikely they could legitimately add interest after judgement so I am wondering what is going on with the debt growing even though you made payments through an attachment to earnings.

With the popularity of High Court Enforcement, and the fees they add, I wonder if your debt collector is actually a High Court Enforcement Company.

Whatever, I think your best move would be to vary the order to something you can afford to pay.

https://www.nationaldebtline.org/EW/factsheets/Pages/varyingpaymentsonaccj/instalmentsonaccj.aspx

The reason why I suggest that is that, as things stand, you have defaulted on the court order and they have a range of options open to them to enforce the order.

If the court orders payment in instalments then they cannot 'enforce' the debt (though they can still get a charging order if you have property) while you keep to those payments. The courts are likely to be fair in what they order whereas the claimant may not be. I have seen instalment orders at £1 per month, though that's unusual.

misty

I have access to my credit file so I can see the amount the letter says is significantly over the amount the CCJ was for.

Ideally I would like to negotiate payment with the company rather than it go to court but I don't want to pay more than the orignal CCJ because that in itself was over the actual amount I owed.

The company is

http://www.areyouowedmoney.co.uk/

IAmWales

misty wrote: »

The CAB suggested I asked for a set aside. They suggested I wait until it was referred to my home town. When it was referred to my home town the payments were significantly less than the orignal judgemet and I paid them.

The paperwork where I disputed the amounts originally were not received by the court (althought they were signed for) and so it was found in favour of the ex landlord as if I hadn't bother to reply.

Did you not follow through with the set aside then? That would have given you the opportunity to get the initial decision reviewed if they accepted your reason for not submitting a defence (it's likely they would have accepted it).

You have set out in your original post what will happen if you do not contact them and make a reasonable payment arrangement, they'll instruct bailiffs or apply for an attachment of earnings order. You can ask for a breakdown for their added costs.

If you want them to take you back to court please keep in mind this will incur more costs. You need to deal with this before it escalates even further.

IAmWales

misty wrote: »

I have access to my credit file so I can see the amount the letter says is significantly over the amount the CCJ was for.

Ideally I would like to negotiate payment with the company rather than it go to court but I don't want to pay more than the orignal CCJ because that in itself was over the actual amount I owed.

The company is

http://www.areyouowedmoney.co.uk/

They'll have incurred costs in chasing you for payment, it's only fair that (if they can evidence these) you pay them. Having said that they may accept a reduced offer if you are able to make full and final settlement, this will not be available if you wish to pay by instalments. You could offer the original amount and see what they say.

misty

I haven't got the money to pay it in full. I will contact the debt agency and see what they will accept. I don't dispute I owe them money but I dispute how much the original amount was let alone this new amount even with the effort to find me cost. I have the same telphone number and email address I had then and I have not heard from them in over 3 years.

[Deleted User]

If you don't make an acceptable offer to them, and keep up the repayments, you will get an attachment order whether you like it or not.