Attachment of earnings claim while Bankrupt

alexjared93
alexjared93 Posts: 30 Forumite
Name Dropper First Post First Anniversary
in Bankruptcy & living with it
Hey, thought I’d post on here as I seem to be getting no where with the courts or my creditor

I became Bankrupt on 2 May due to spiralling debt. Anyways a debt from an outstanding car finance mainly to FCA automotive applied for an Attachment of earnings order on 22 May.

I contacted the OR who advised not to worry and informed me they would contact the court to ensure it is cancelled.
I also contacted FCA automotive to advise and they also stated they would cancel the court action.

However I have sinced received further letters from the court advising as I did not fill in the form within time scale a bailiff will be issued to hand deliver the N61 form.

This causes great concern as I obvs don’t want a bailiff, but I also don’t want an AOE set up, as that is the last thing I need.

I have sinced contacted the OR again however got the impression they can’t do much apart from been told the Bakruptcy superceeds any AOE

What do I do? I’ve called FCA who told me they never cancelled it, and apologised and said they would send a cancellation letter to the court but I have no faith in them.

Thanks in advance :)

Comments

  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
    First Post First Anniversary Combo Breaker
    Hi alexjared93 and welcome to MSE,

    I appreciate that you have tried to do as much as you can in this situation, but unfortunately, the lines of communication have broken down. Attachment of earnings orders are one of the rare occasions in the county court where failure to comply can be seen as contempt of court. So, if the court does issue an N61 form (Order to produce Statement of Means) you should complete it and return it to the court, asking for the attachment of earnings order to be suspended because you are bankrupt. Don't worry about the bailiff, they are there to serve the form on you and nothing more. When you ask for the suspension you should include your bankruptcy order number. This must be returned to court within 8 days of Service.

    Please be aware that if you don!!!8217;t respond (even though you thought this was being taken care of), the court can go further and serve N63 Form (Failure to provide Statement of Means). This is when there is a risk of being held in contempt of court and there is a risk of imprisonment, but hopefully, it won't get to this stage.



    Laura
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
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