Please help, desperate, 7 days left to our ultimate downfall with a CCJ.

[dynamicdebz]

Not sure this is the correct place to post, please tell me otherwise.
My partner had a £8000 loan about 9 years ago, he lost his job etc the rest is history, he ended up with a CCJ for £10,000. The court accepted £10 a month (100 years to pay off). However he made one payment then dug his head in the sand.
We recieved no correspondence for years.
A few months ago a bailiff came to my door with a letter for my partner from the court. I said he wasn't in (he wasn't) & forgot about it. The second time he came my partner wasn't in, so the bailiff said if I don't give him this letter in the next 7 days my partner would be arrested. I checked his credentials which were from the courts, & told him I didn't think he could arrest him for an unpaid CCJ, but he said he could. After checking various site I believe he is wrong in what he said.
The 3rd time he called my partner was in & acepted the letter that stated he was in court but didn't have to attend for the none payment of the CCJ (£10 a month). He filled in the forms & sent them to the courts offering a small amount each month (I'm sure we put £20 but don't quote me on this).
The court has now sent an order saying he must pay £50 a week & if he doesn't they will contact his employer to have it taken out of his wages.
There is an option of appling back to them to reconsider the amount to pay per week, however we are unsure of how to word the letter.
It would be devastating for his employers to know about the debt & £50 a week is impossible. He filled the form in for the courts adding my details & wages onto the form. When he got the loan he was a single man with no ties now he is a family man with a daughter & myself.
Where do we stand?
Is everything above board?
What sort of letter should we write to the courts?
What is it with the 6 year rule?
Will we ever be able to buy our council home?
If so, how?
Please help time is an issue, he has only a week left to reply!

[solidstan1]

I am NO expert but I got my 2p worth.
I was In exactly the same situation as you 2 Years ago, for 12,500 loan to the woolwich. Excpet I owned my house (well, half of it). Bailiffs called many many times, and I could do nothing but ignore them. Even the pay £10 per month bit.
I eventually recived a court summons, I guessed I could'nt ignore that. So I turned up in court at 10:30 that morning, absoloutly craping myself. Only to find the hearing was 10:00. The clark went to see the judge on my behalf and explained I had the times wrong. He then called me in to the judges office, there was the judge on one side of the table and myself and another woman the otherside (later I finds out the lady was a repesentive of the woolwich). The judge then explained to me that in my absusance they had aggred to put an attatchment to my morgage (which ment when I sold my house the bank would get first takings of the £12.500) SO SO relived, it wasent that bad after all..
However your case is abit different to mine, but since knowing what I Know now from BAG, You must almost certanly have had unlawful bank charges with this, and i am sure I read on BAG forums, by claiming these charges back, your account is IN DISPUTE and therefor they canot proced with any claim against you. CHECK FIRST but IM SURE YOU MAY JUST GET AWAY WITH THE FULL Debt here.
P.S. when i find that thread i will post it here for you to read..

GOOD LUCK! dont stress with it!

[comanche]

How long was it between when he made the last payment and when the bailff turned up. If you're not sure was it more or less than six years?

In the paperwork he submitted to the court this time round did he include an income and expenditure form?

[dynamicdebz]

The last payment was well over 6 years ago, the bailiff turned up first time a few months ago.
Yes he submitted an expenditure form & also had to put mine down & my grown up sons (not his son), although we stated that my son wouldn't reveal his wage etc.
What you must remember is this is already a CCJ (been to court) & he has been taken to court again for non payment 7 or 8 years after.
I have heard the 6 year rule doesn't apply where it is has been taken to court already?

[comanche]

No but if there is a six year gap in enforcement it can't be enforced without the consent of the court and the creditor will need to explain why it has taken so long to exercise its rights. At the very least it buys time and if the judge is sympathetic, maybe more.

[dynamicdebz]

But as I said it has already been to court for the second time & they want us to send them £50 a week which is impossible, need to get a letter sent to them to ask them to lower it to a lot less.
If we don't do so they are gonna contact my partners work & have it taken out of his wages.

It is a Suspended Attachment of Earnings Order.

[comanche]

Sorry I misread that. Do you know why it went back to court and did you receive notice of either a hearing or an application before the court made its decision?

[dynamicdebz]

After 7 years we started getting letters again although we have moved address since the loan was originally taken out. No idea why they suddenly started sending the letters.
A bailiff came 3 times on the 3rd occasion my partner was home, so the bailiff handed him a letter which stated when it would go to court (a couple of days after recieving the letter or warrant) & details for him to put down our income. This was sent back to the court filled in buit we didn't attend, then recieved the suspended attachment of earnings order as mentioned.
However I'm sure the company that it says he owes the money too isn't the original company name that he took the loan out with. But it has to be that loan because of the amount owed.
Can someone please advice how we should word a letter to them to have the weekly amount lowered considerably, we need to send this by Monday at the latest, so time is an issue.

[comanche]

Have you read this leaflet:

http://www.hmcourts-service.gov.uk/c...ex326_0405.pdf