Attachment of Earnings

jessiecoco

Hi, 

Looking for some advice please as I’m really lost and scared. 

I’ve received a form in the post today for an attachment of earnings order. It relates to a very old debt that was a ccj around 7 years ago (it’s never been repaid, stupid I know, something I’m not proud of). 

I’ve completed the form straight away with my income/expenditure and added an offer of payment and posted it straight back. 

I’m really scared, it says on the letter that you can be sent to prison and I also think my job will be on the line if the attachment of earnings order is granted. 

Please can anyone offer any words of support or advise how likely it is that my offer or repayment will be accepted to avoid the attachment of earnings order? The debt was a little over £2000 and I’ve offered to pay £60 per month which is the most I can manage at the minute. 

Thank you in advance for any advice and support! 

sourcrates

If you thought your job was in jeopardy, you should have asked for a suspended order, which would have allowed you to repay the debt without the AOE, underneath section 10, offer of payment.

Your employer would have been non the wiser if that were granted.

You may want to contact the court ASAP, and change your plea.

fatbelly

Are you sure the ccj was more than 6 years ago? I'm disappointed the court allowed this.

Should a judgment creditor fail to enforce a judgment or court order within 6 years, then, in accordance with CPR 83.2.(3)(a), they require the permission of the Court to take any action against the debtor. However, judgment creditors should be wary that the permission to enforce the execution of a judgment or court order over six years old is not a ‘mere formality’ and sufficient reasons for the delay in enforcement must be given.

The general rule is that execution will not be allowed after six years (Society of Lloyd’s v Longtin [2005] EWHC 2491) and that it is for the judgment debtor to prove that is demonstrably just to extend the six year period (Duer v Frazer [2001] 1 W.L.R 919).

sourcrates

fatbelly said:

Are you sure the ccj was more than 6 years ago? I'm disappointed the court allowed this.

Should a judgment creditor fail to enforce a judgment or court order within 6 years, then, in accordance with CPR 83.2.(3)(a), they require the permission of the Court to take any action against the debtor. However, judgment creditors should be wary that the permission to enforce the execution of a judgment or court order over six years old is not a ‘mere formality’ and sufficient reasons for the delay in enforcement must be given.

The general rule is that execution will not be allowed after six years (Society of Lloyd’s v Longtin [2005] EWHC 2491) and that it is for the judgment debtor to prove that is demonstrably just to extend the six year period (Duer v Frazer [2001] 1 W.L.R 919).

They were my thoughts too FB.

fatbelly

I'd definitely ask the court if that had been considered - quote from the civil procedure rules. But you need to be sure of your dates. 

jessiecoco

sourcrates said:

If you thought your job was in jeopardy, you should have asked for a suspended order, which would have allowed you to repay the debt without the AOE, underneath section 10, offer of payment.

Your employer would have been non the wiser if that were granted.

You may want to contact the court ASAP, and change your plea.

Sorry, I should have made it clearer in my original post that I did ask for the suspended order and stated in the box that my employment could be in jeopardy. 

I’m just nervous that they will not accept my offer of repayment but I wanted to be extremely careful that I wasn’t offering more than I can genuinely afford. 

Thanks for replying, I’m really grateful. 

jessiecoco

fatbelly said:

Are you sure the ccj was more than 6 years ago? I'm disappointed the court allowed this.

Should a judgment creditor fail to enforce a judgment or court order within 6 years, then, in accordance with CPR 83.2.(3)(a), they require the permission of the Court to take any action against the debtor. However, judgment creditors should be wary that the permission to enforce the execution of a judgment or court order over six years old is not a ‘mere formality’ and sufficient reasons for the delay in enforcement must be given.

The general rule is that execution will not be allowed after six years (Society of Lloyd’s v Longtin [2005] EWHC 2491) and that it is for the judgment debtor to prove that is demonstrably just to extend the six year period (Duer v Frazer [2001] 1 W.L.R 919).

Thanks for your reply. 

I’ve just found the details and the date of the CCJ was 01/05/2014. I have checked and it’s no longer on my credit report. 

I did wonder why it would be being chased again after all this time but I panicked and sent the form straight back. 

Thanks again. 

fatbelly

Just phone the court and ask politely if they have considered CPR 83.2.(3)(a). They may suggest that you make a written application that a judge look again at this.

The text says

(3) A relevant writ or warrant must not be issued without the permission of the court where—

(a) six years or more have elapsed since the date of the judgment or order;