Notice of Transfer of Proceedings N56 to N61 (order of statement of means).

ssmann

Hi ALl, really hope you can hep with with this as I cant concentrate on my work and family with this looming over me. I received a letter advising a claim against me by a car finance company was transferred to County Court for enforcement due to not filing N56 attachment to earnings.

I received the N56 in Dec and offered to make £300 per month (outstanding debt is £6000) and outlined all my expenses etc and earnings on the form.

I suspect with the strikes on Dec etc they received the form late.

According to the letter I will now be served with an N61 (order of statement of means).

I am confused and very worried as if they start ordering me to pay more than £300 it means I go under and cant afford to live.

Is there anything I can do to help this work in my favour,

fatbelly

Did you send your N56 to the court?

If so, try to contact them (you may have to use email) to ask if it was received

I hope you kept a copy

On the form your offer of payment should have followed logically from your surplus income i.e. the difference between your income and expenditure. Also it's best to ask for a suspended order.

ssmann

I did send the form to the court but didn't keep a copy. I can try calling the court however what would happen next if the process was to continue? 

fatbelly

I think you just have to complete another form. Send it signed for!

If you didn't do that, this is one of those rare occasions where you can be jailed - never known it happen though.

Courts are not very good at picking up phones. You can try but email may be better.

ssmann

I've just emailed them on ccmcce-filing@justice.gov.uk <ccmcce-filing@justice.gov.uk> 

I really hope this gets resolved as I am also on hold to them on the phone and have been for 30 mins. 

fatbelly

I've never known them pick up the phone.

I've also never known anyone jailed for this.

They probably have got your form but it's sitting in a pile that someone is working through after they came back from Christmas.

Oh - allow a week for them to respond to your email