Attachment of Earnings
sallymeak
Posts: 44 Forumite
I took out car finance 10 years ago and no longer have the vehicle, it was used in part exchange and the dealer put the residual amount onto a new loan and I then fell into financial troubles.
I am in a debt management scheme with Stepchange and missed some payments recently due to closure of my small business. The finance company are now saying I earn higher than I actually do because I took a car finance agreement out recently (have to due to living in a rural area and lack of transport for work etc).
They advised they would apply for an attachment of earnings which worries me. Is this something they can do?
I am in a debt management scheme with Stepchange and missed some payments recently due to closure of my small business. The finance company are now saying I earn higher than I actually do because I took a car finance agreement out recently (have to due to living in a rural area and lack of transport for work etc).
They advised they would apply for an attachment of earnings which worries me. Is this something they can do?
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Comments
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They advised they would apply for an attachment of earnings which worries me. Is this something they can do?
Hi,
Obviously there is a court process to follow.
They would have to send you a letter before action first, this is a legal requirement to avoid the matter going to court, if a reasonable agreement could not be reached, then they would issue you with a claim form.
You would then either defend, admit, or partially admit the debt, as its a debt you don`t deny is yours, then a county court judgement would be registered against you, and you would pay the debt off at a reasonable rate agreed with the court.
Further enforcement action cannot be taken as long as you keep up to date with the court payments.
Sounds like they are trying to put the frightenors on you.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
I took out car finance 10 years ago
. . . . The finance company are now saying I earn higher than I actually do because I took a car finance agreement out recently . . .
They advised they would apply for an attachment of earnings which worries me. Is this something they can do?
I agree with sourcrates, they're trying to scare you into paying more. It's bullying, pure and simple.
Why not turn the tables by sending them a s 77-79 CCA Request to see if they can produce a copy of your ten year old credit agreement which would be enforceable in court.
If they can't get a CCJ then they can't get an AOE either.
Di0
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