Notice of Application for attachment of earnings order

gudeline

Hello!

My mum has opened a letter for me at my former home address today (I've been moved out almost ten years now) for a Notice of Application for attachment of earnings order.
I have NO idea what it is for or even what it is. It is not showing up on my experian credit report. I have not received any prior communication, unless it has gone to a previous addressand I have moved 5/6 times in the last ten years or so. It says I have 8 days or I might go to prison and my employer will be contacted?! Please can someone help!?

It is for just under £700 but I would like to know what it is for before I do this obviously. How can I get details for what it is for, and what addresses they may have sent previous letters to?

Many thanks in advance!

National_Debtline

Hi gudeline

As you’ve moved house several times it sounds likely you have had county court papers issued to an address you no longer live at. Where there is no response, a CCJ can be made in your absence. If that remains unpaid enforcement action can be taken, such as an application for an attachment of earnings order (AEO).

It’s very important to reply within the time specified otherwise it is possible an arrest could be issued. You should be able to contact the court for information on who issued the claim against you. Contact that company and find out more about the debt.

If it’s yours then you will need to complete the N56 court form you have been sent, but you can ask for the order to be suspended (so a deduction is not taken from your wage) as long as you stick to an agreed payment plan. You can find out more on the process here https://www.nationaldebtline.org/EW/factsheets/Pages/countycourtattachmentofearningsorders/attachmentofearningsorders.aspx.

If you want to dispute the debt it’s more complicated and you should seek advice from one of the free debt advice agencies.

Susie
@natdebtline

gudeline

Would it be wise to call the company and ask to set up a monthly payment regime as well as filling in the N56 form? Also I obviously would like a suspended order (so they do not contact my employers), what should I write in the reason box? I have had no previous knowledge of this debt, as it is from when I was at university over ten years ago, and I am more than happy to pay monthly

National_Debtline

Hi again gudeline


There's no point setting up a payment plan with the creditor as that is what will happen via the AEO, either directly from your wage or by you making a payment if you successfully have the order suspended. Reasons you might want to get the order suspended are if you think it might put your job at risk, or reduce your chances of promotion.


If you agree this is your debt and you owe it, the only other thing I would suggest is finding out when the CCJ was obtained. It's possible if there had been 6 years prior to the court papers being issued, where you had not paid the debt or acknowledged it in writing, that you may have grounds to challenge the CCJ. That would be because the debt was statute barred at the point the CCJ was made, meaning you could have defended the claim because they had waited too long to collect the debt. If you think this applies you can get more detailed advice on disputing the CCJ from one of the free debt advice charities.


Susie
@natdebtline