CCJ and attachment of earnings order out of nowhere?? 27 June 2018 at 9:21PM in Debt-free wannabe 7 replies 1.1K views

Moopsey

Hello,

Hoping someone can advise. My husband received a letter in the post from HMCTS the other day, with an attachment of earnings order, to let him know he has to pay a priority fine via his payroll.

We had no idea what this was about, so my husband called them to query it. He was told that it's for an untaxed vehicle spotted on the road back in 2016. The number plate isn't one we even recognise... nor is the address that the car was apparently spotted parked outside.

At that time, we had a car (which we still own) which is registered to our address.

The person on the phone said that the original fine, follow ups plus court summons were all posted to the same address that the car was parked at... in my husband's name?!?!

So confused as to what to do. Also, why send the fine and court letters to this other address, then suddenly when the order comes in, it miraculously turns up at our address!?

We were planning on applying for a mortgage next year and are now really worried that this will affect our chances.

The first instalment has already come out of my husband's pay this week. We obviously want to appeal this... but not sure how to word the letter. Does anyone have any advice?

Has anyone gone through something similar?

On a V5C form, all they have is a name and address...so how could they even make the assumption that the name on this one belongs to my husband when he has absolutely no links to that address?

Is this a CCJ? His payslip noted it as such.

Ah, so many questions. Thanks so much for taking the time to read this.

Carrot007

From the sound of it someone share the same Name / DOB and a trace has been done because the guy moved and they found you.

Sending papers to the registered keepers address is normal. And If he no longer lives there a default judgement is issued.


Not sure who you need to complain to though or indeed what you need to do. I don;t think a set aside if right as you are not contesting the judgement, just they it is not you.

Moopsey

Thanks Carrot. It's so concerning that this could happen. Find it difficult to think there would be many people here with my husband's name, he's got an unusually long one. Even a Google search doesn't have any results!

He called them up again and they said he can appeal it, They've given an email address of a Magistrates Court.

Since its from a Magistrates.. is it not a CCJ?

Wondering if anyone has had anything similar happen to them, think it would slightly put my mind at ease knowing we're not the only ones this has happened to and any outcomes?

National_Debtline

Hi there,

The first thing that I would suggest you do is check which court this has gone through. Not taxing a vehicle can be pursued in the county court or the magistrates court. If the courts have taken money from your husbands wage, without any details of his income / expenses it would suggest they have gone through the magistrates court, obtained a fine and now have a deduction of earnings order - which is done at a set percentage rate.


The original notice of the vehicle not being taxed should've been sent to the registered keeper of the car. If this is a fine it won't be on his credit file so wouldn't affect his credit rating. You can appeal a magistrate court fine, but you will need legal advice about which application to make, the costs and risks etc.


Laura
@natdebtline

Moopsey

Thanks so much Laura. That's so helpful. They said we can email the Swansea Magistrates Court if we want to appeal... Does that suggest it came from a Magistrates rather than County, I'm assuming?

Is there a cost involved in appealing the fine?

I'll have a look into that . Thanks again.

Moopsey

Also the letter said it's a Priority Fine.... so that shouldnt go on his credit file?

Moopsey

Sorry my phone is acting up here, didnt mean to send that reply so fast and unfinished! A priority order I mean. The subject of the letter is "Attachment of earnings order - fines". That should imply it's a fine rather than CCJ?

National_Debtline

Hello again,


Based on the details you have given, it would appear to be a magistrate court fine, so will not be on his credit file (it is not the same as a CCJ).

If you are within 21 days of finding out about the proceedings then you can apply under Section 14 of the Magistrate Court Act 1980 to make a statutory declaration. The conviction could be rendered void and the financial penalty set aside and a new hearing date and time set. This is something that you must attend but please be aware at the new hearing you can still be convicted and fined. However, before you do this, you must get legal advice before making this application.


Laura
@natdebtline