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  • FIRST POST
    • Theoccupier
    • By Theoccupier 9th Mar 18, 11:31 AM
    • 9Posts
    • 1Thanks
    Theoccupier
    Attachment of earnings on CCJ I know nothing about
    • #1
    • 9th Mar 18, 11:31 AM
    Attachment of earnings on CCJ I know nothing about 9th Mar 18 at 11:31 AM
    Hi, I'm hoping someone can help make sense of this. 12 years ago, I was made redundant and fell behind on everything, loans, credit card, overdraft etc (mainly Yorkshire Bank). All YB debts were sent to the bank collections department. I made agreements with all my creditors to repay them all at varying rates dependent on size of debt. For 12 years I have had paid as agreed until settled but received threatening letters from a number of different places (Mortimer Clarke, MCE, Lowell portfolio, Cabot financial, and others), all relating to the debts I owed to YB. As YB have not returned any of my payments, I have ignored any other parties and continued to pay at the agreed rate.

    Jump forward to yesterday when I received a letter from Mortimer Clarke saying that their client MCE were awarded a CCJ against me in December 2006 and as I am in default, they have been instructed to apply to the courts to enforce the CCJ and get an attachment of earnings for the remaining debt. The amount they have quoted corresponds with the one final outstanding credit card debt I have with YB, which I have paid a monthly amount to, by standing order, for the last 12 years (no missed payments, no returned payments).

    I've never received any documentation from any court regarding a CCJ so if there was one, I was never notified of the proceedings or the result.

    My question really is, what on earth do I do now? could Mortimer Clark/MCE really get an attachment of earnings? Could there be a CCJ I don't know about? How would I get a copy of it more than 11 years after issue? If I owe MCE, where has the money gone that I paid to YB? If YB didn't forward the payments to MCE, why has it taken 11 years for them to want to enforce a CCJ they allegedly have?

    Sorry for such a long winded post but after 12 years, I have finally restored my credit rating to something resembling acceptable and I don't want to end up back at square one.

    Thanks in advance for any advice anyone can give.
Page 1
    • sourcrates
    • By sourcrates 9th Mar 18, 11:53 AM
    • 14,022 Posts
    • 13,280 Thanks
    sourcrates
    • #2
    • 9th Mar 18, 11:53 AM
    • #2
    • 9th Mar 18, 11:53 AM
    A CCJ stays on your file for 6 years, so if awarded in 2006, it went in 2012.

    Mortimer clarke are trying their luck, although a CCJ does not go statute barred, they are expected to enforce it within 6 years.

    They have to go back to the court to gain permission, the court may say they have had time enough and deny there application.

    Write back inviting them to do so.

    Write to YB and ask whats going on, and what happened to your money.
    Last edited by sourcrates; 09-03-2018 at 11:57 AM.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
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    • Theoccupier
    • By Theoccupier 9th Mar 18, 12:45 PM
    • 9 Posts
    • 1 Thanks
    Theoccupier
    • #3
    • 9th Mar 18, 12:45 PM
    • #3
    • 9th Mar 18, 12:45 PM
    Thanks sourcrates. Will I be notified by the court if Mortimer Clarke do go back to ask for permission? I'd be amazed if any court would grant an attachment of earnings with clear evidence that payments have been made continuously for so many years but I'm guessing that if I don't get notified by the court, I won't have the opportunity to prove that and the first I'll hear of it will be a letter advising me of the attachment of earnings (if it were indeed to be granted).
    • Tarambor
    • By Tarambor 9th Mar 18, 1:52 PM
    • 2,846 Posts
    • 2,059 Thanks
    Tarambor
    • #4
    • 9th Mar 18, 1:52 PM
    • #4
    • 9th Mar 18, 1:52 PM
    Thanks sourcrates. Will I be notified by the court if Mortimer Clarke do go back to ask for permission?
    Originally posted by Theoccupier
    You should be as long as they have your current address. Talking of which had you moved at any point in all of this going on? If so that is why you may not have been aware of the CCJ as it only has to be served at the last address a creditor has on file for you.
    • Theoccupier
    • By Theoccupier 9th Mar 18, 2:06 PM
    • 9 Posts
    • 1 Thanks
    Theoccupier
    • #5
    • 9th Mar 18, 2:06 PM
    • #5
    • 9th Mar 18, 2:06 PM
    No Tarambor, I've lived at the same address for 20 years so the same address I was at when I took out all of my original credit.
  • National Debtline
    • #6
    • 9th Mar 18, 4:50 PM
    • #6
    • 9th Mar 18, 4:50 PM
    Hi Theoccupier


    As you've never moved you should have received all paperwork relating to this debt. You mentioned receiving threatening letters from different companies. Did these say that they were responsible for collecting the debt?


    They are required to inform you when they have taken over dealing with a debt. You certainly need to contact Yorkshire Bank to check if they still own any of the debts and ask where your money has been going. It's unlikely that they would have been forwarding the payments on to other companies.


    If MCE did get a CCJ in 2006 it is true that they will need permission from the court to now enforce it. If the court grants that you will receive an N56 court form asking you for information before the attachment of earnings order (AEO) is made. If you receive this you should get back in touch for advice.


    Susie
    @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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