Attachment of earnings order

colukev
colukev Posts: 15 Forumite
edited 20 April 2018 at 4:08PM in Debt-free wannabe
Hi,

So following on from previous thread, went to court for oral examination and submitted all of our documents. We told and proved we could not afford to pay any more than token payment offer of £75 per month. Claimant rejeceted, was his usual bullying, abrupt self, and judge did not seem to take kindly to some of his comments and actions.

Anyhow, it has been suggested that attachment of earnings order is applied for. I have a couple of questions if you lovely people wouldn't mind parting with your knowledge.

I believe there is a form (N58?) that comes with the initial paperwork should claimant apply. We can then fill out our income and outgoings. If there is no disposable income, would they still proceed with the order?

Secondly, my other half has just had an attachment of earnings from council tax. Can she have another at the same time? I understand you can have 2 x CTAEO, but not sure if one is a civil debt?

We are worried that if claimant applies for attachment of earnings order, we will not be able to do a joint income and outcome form. So then if bills are split in half, my other half will be heavily in deficit, but i will be showing disposable income, which isnt the case.

Our money gets paid into the same bank account each month, and all bills are going out from that one account. We have not allocated specific bills to a specific one of our incomes.

Also, we recvd an email after the hearing saying that 2 months statements are missing, and that we have hidden an account as he can see transfers from my account into another in my name. This is because we have a Santander basic account, and I have a card for the cash account which can make withdrawls at ATM's and set up direct debits to. I then have another card, which is a top up card which I can use in shops and online. Because I have to load money onto the top up card, this is why he can see transactions into our account. Of course he will not listen to our explanation, and has said he has reported our contempt of court to the judge who took our hearing, and we would receive another order to attend court regarding this contempt.

We are 100% not afraid of this, as we can show to someone who is actually willing to listen to an explanation, rather than trying to look for negatives when all we want is to move forward.

We have had a really bad year with this case, and really do not want another court summons hanging over us as no matter how compliant we have been and will be, its of course not a nice thing to have to do.

He told us we were missing 2 months worth of statements on my other halfs account. I have emailed these over and told him I will no longer accept any further communication from him, as we have satisfied the court order, confirmed by judge at the end of hearing. We have blocked his email address. All we get from his is vile accusations and blackmail, bullying and extortion tactics.

At our wits end now. No matter how much we comply, he tries to stitch us up. He looked silly in court, and if he takes us back there for the above reasons, I'm sure the judge will not be impressed with more wasted time.

AAARRRRRRRGGGGGGHHHHHHHH

I hope this makes sense, and would really appreciate some guidance.

Thanks

Kevin

Comments

  • sourcrates
    sourcrates Posts: 28,717
    First Anniversary Name Dropper First Post Photogenic
    Ambassador
    Fatbelly is your man for this.

    I`m sure he will be along later.
    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-letter
  • I can't help with the attachment of earnings side I'm afraid but I'm going to repeat some advice which was given to you quite a few times in your previous thread. Stop communicating with him. He's a bully and communicating with him will help you none except give you endless stress.

    Were the bank statements actually missing? Why didn't he raise this matter in Court?

    You have a perfectly valid explanation. Even if he does try to take you back to Court you can explain it perfectly well to the Judge. If you're not hiding money, you have nothing to be worried about.
    Debt Totals July 2019::
    [STRIKE]£350 Natwest Credit Card [/STRIKE]/ ]Now £0 (paid off and closed 04/2017) £15,500 postgrad loan from parents/ Now £7,000 £5,000 sister loan/ Now £0[STRIKE]£500 train ticket loan from parents [/STRIKE]/ Now £0 (paid off 16/02/18)[STRIKE]£2,000 Overdraft[/STRIKE] Now £0 (paid off 09/03/18) £1,967.83 Barclays 0% card Now £0
    Total £7,000
  • colukev
    colukev Posts: 15 Forumite
    Thanks Silver queen. He didn't have the paperwork until after the hearing when the court officer photocopied our originals.

    There were 2 months missing on my other halfs statement, so I have sent them over by email so we cannot be accused of hiding information.

    I know that we were advised to not communicate, but one thing that went in our favour was that we have bene compliant all the way through, and made offers of repayment. He is being unreasonable.
    The judge suggested we make a small token payment offer which was the reason for the latest correspondence. I have now blocked his email address and will only take further instructions from the court.

    We just wanted to get this sorted, as we do not dispute that he has the judgement and it does need to be paid. The judge himself said that you cannot get blood from a stone, but this man is nasty and will stop at nothing to make our lives hell.
  • CIS
    CIS Posts: 12,260
    Name Dropper First Post First Anniversary
    Forumite
    In general there can be 2 aoe's in place at anyone time - the priority of orders is set in law.

    In respect of the order priority the council tax attachment is given priority over the court attachment of earnings order.

    https://www.google.com/url?q=https://moneysoft.co.uk/pdf/AEhandbook.pdf&sa=U&ved=0ahUKEwiLvqWaosnaAhVGWsAKHQB3ByAQFggXMAQ&usg=AOvVaw3ObR7d3K-u9wpmNIQ22pK-
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 342.5K Banking & Borrowing
  • 249.9K Reduce Debt & Boost Income
  • 449.4K Spending & Discounts
  • 234.6K Work, Benefits & Business
  • 607.1K Mortgages, Homes & Bills
  • 172.8K Life & Family
  • 247.4K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.8K Discuss & Feedback
  • 15.1K Coronavirus Support Boards