Attachment of earnings

[huggles]

I have had an attachment of earnings order going out of my salary for some time now, it dates back a long time. I am still employed by the same people as when it started, I don't really think about it any more it just goes out every month. Today however, I recieved an n448 "attachment of earnings - request to defendant for employment details" that said:

"The court has been informed that you are no longer employed by XXXX (my employer)
The court believes that you have obtained employment"
and it asks me to complete a slip and the N 56 (the attachment of earnings form.

I'm really baffled about this as I am still employed by the same organisation that I was employed by when they got the order and the money is still coming out of my salary every month. I can't phone the court until tuesday now to find out! Has anyone else come across this?

I had a separate letter but it arrived at the same time transferring the proceedings from the court where the order was originally obtained to my new local court as I have moved house. Might it be something to do with this? Or maybe my employers messed up somehow?

I don't want to fill in another AOE as I earn more money now and I'll have to pay them more!

[payingonlyencouragesthem]

Originally Posted by huggles

I don't want to fill in another AOE as I earn more money now and I'll have to pay them more!

In that case you certainly don't want to phone them. Just write them a short letter saying you are / have been in the same job with the same employer for xx years and you are still meeting the required monthly payments please correct your records accordingly.

[fbnts]

I don't want to fill in another AOE as I earn more money now and I'll have to pay them more!

Hi, I have an AoE from the council for council tax and non domestic rates (which is currently in appeal tribunal stage) but the order states a % per month depending on my income bracket so if I was to get a pay increase next month I would automatically be deducted depnding on the new bracket.

Is this not the same? Possibly cos mine is through the Magistrates court cos of the evil council?

Tom

[huggles]

no, it's consumer credit. there was a judgement which ordered me to pay £70 per month and I missed one so the AOE was made for £70 per month. I don't know if they can change it now, but I'd rather they didn't. I always have the choice of paying it outside of the AOE now.

[huggles]

just a quick bump to say I have checked with work and it is definitely being paid. I am going to write to them along the lines suggested. any further advice gratefully recieved.

[huggles]

An update. I wrote back to the court informing them that the payments were still being made every month and everything went quiet. Then a couple of months later, a collections company starting hassling me for the money again. I told them the same, they went away. A couple of months later they came back, I told them the same they went away. This week, another couple of months later they have written again, and I phoned them to remind them of their mistake AGAIN.

This time they said that "their client" said I was lying and that the onus was on me to prove I wa paying it. I think this is pretty disgusting as it's clearly a clerical or administrative error on their part and I would say the onus should be on them or "their client" to keep proper records! I pointed out that they were not allowed to harass me for a debt which was being paid in accordance with a judgement and threaten court action which they could not take (then idiotically said I would report them to the law society when in fact as debt collectors I should have said OFT or something I suppose!). I also said that they were welcome to take me to court as it would get thrown out. Do others agree that the onus should be on them? I am not sure that I have the relevant paperwork any more and I don't know how to prove it otherwise.

Now I would appreciate your advice on further action. Call me petty, but these people do not have the right to harass me and lie about taking me to court for money I am paying. I want to cause as much administrative bother to these people as they are causing to me and I want a list of all the things I can do, anything to add to the below?

1) Data Protection Act S.A.R - (Subject Access Request) request
2) CCA requests - agreement, deed of assignment etc
3) Report to relevant authority - they are debt collectors, is this the OFT?

Any other advice as regards further handling of this issue on my part, including court defence if they actually take it that far (I suspect not - I think they know this is being paid and are trying it on).

[huggles]

aha, spotted another thing already, they are members of a trade association
http://www.robinsonway.com/CSACodeofPracticeA4.pdf

[PriorityOne]

Personally, I would ignore them. Report them to the authorities by all means, but don't 'phone them any more. If the money is going out of your account each month and you can prove that, then you have no worries. Are the payments going to Robbers Way then ?.... or somewhere else ?

[huggles]

I know I shouldn't phone them it just makes me angry, I will still have to put what I said in writing in case I ever need to prove I said it...

no the money is being paid by attachment of earnings, I have checked with my employers and they pay it as rgeular as clockwork. don't know hwo they pay it to though or if they could tell me.

[PriorityOne]

As long as it's being paid and you can prove it, you're covered.

[Ell-enn]

Hi there, the attachment of earnings payments will be made by your employer direct to the court which issued the AOE. They (the employer) will receive a receipt for that payment each month - it usually shows the reducing balance and recent payments (the ones I have to process to our local court show this). If the employer stopped paying it they would be contacted by the court within 7 days of the payment being due and would have to explain why - usually because an employee has left.

So, in short, your employers will have documentary proof that this judgement is being paid to the court - you could ask your payroll to give you a copy of their recent payment receipts and send these to the court with an explanatory letter.

You have no need to worry, so just ignore Robinson Way - they are a bunch of chancers who regularly try to collect money they are not entitled to!!

Kind Regards

Ell-enn

[Robdblynd]

Because you are paying by AoE I would contact the court and tell them that this DCA is harrassing/threatening you regarding this debt. As it is under court jurisdiction I think you'll find that the judge at that court will be less than impressed by the actions of the DCA.

I'm speaking from experience here because my OH has had a similar problem and the judge actually called the directors of the DCA in question and the directors of the OC into court to explain themselves. Needless to say they backpedalled so fast they almost fell over each other.

[huggles]

thanks rob, that sounds like a good plan

[izzybizzybee]

Hello, I'm new to the Forum and would be glad to have any advice any of you can give me. I m being threatened with an Attachment of Earnings Order - the background to all of this is very convoluted so I won't go into great detail now but my problem is that I have a job in finance and if this took place I would/could lose my job which would not gain the creditors in any way. Do they have to go to court first before they can do this? Or can they go directly to my employer to instigate this? Do I have to give them details of my employment to enable them to do this?

Thanks.
Izzybizzybee

[izzybizzybee]

Not quite sure how to use this website but hope you got my message re attchment of earnings.
Brand new user but worried - hope you can help
Izzybizzybee

[Ell-enn]

Hi there, just to put you at ease - the creditor would have to take you to court and obtain a CCJ before they could enforce the judgement by attachment of earnings. If you do receive court papers you can either defend the action (if you believe you have a case) or admit you owe the amount specified and ask to make payments by installments. Only if you fail to keep up the payments under the judgement would the creditor be in a position to ask for an AOE. Even if they did so, you would be able to submit a Variation Order asking the court to allow payments by installment again.

So, in short, if you haven't got to the stage where the creditor has issued court proceedings, then you are a long way from an AOE.

If you can give a bit more background to the debt and the exact stage you are at, we can advice further. Is the debt with a DCA, and if so have you established they have the right to collect this debt?

Kind Regards

Ell-enn

[huggles]

Originally Posted by Ell-enn

Only if you fail to keep up the payments under the judgement would the creditor be in a position to ask for an AOE.

This is correct - when it goes to court you fill in a statement of your income and outgoings to work out what you can afford then somehwere you can indicate that you want the chance to pay by instalments.... mis just one and you're into AOE territory though (as I learnt - SILLY)