Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
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    Default N55 Notice of application for attachment of earnings order, Help Pretty Please.



    Cliff notes version leading to my question
    I received a CCJ for a credit card debt which had been sold to a firm called FV-1, INC, The Corporation Trust Company. these are the claimant's who acquired the CCJ against me a year ago. I didn't defend it as I new nothing then and hadn't discovered CAGicon.

    The claim, CCJ was for only a small part of the debt 315.00 which they sated on the claim formicon was for part of a debt assigned to them.
    I have since found out from CAGicon that this is actually unlawful for them to do so,this is set out in section35 of the County Courts Act 1984 which can be found here. County Courts Act 1984 (c. 2 - Statute Law Database

    I sent I & E to them as soon as I received the claim with an offer to pay sent it to FV-1 as that is who it said to send it to on the claim form. I heard nothing from them, but then received the CCJ and it was to pay forthwith.
    I wrote to the court explaining every thing as soon as I received the CCJ and enclosed my I & E along with wage slip. The court replied saying I had to pay a fee to get the CCJ amount set to installments, I had been told that if I responded with in 14 days there was no fee. Any way obviously this info was wrong.
    I never paid fee for redetermination.
    I never heard a thing for a whole year until last Thurs. when I received a N55
    This leads me to my main question..............
    I have read loads of times on here that a spouse is not liable for the others consumer debt. This debt is soley mine and has nothing to do with my husband.
    I would like to get this debt set to an affordable installment and to ask that they suspend the order and give me a chance to pay rather than taking it from my wages, there is a tiny space on the form to do this.
    This is what i am unsure of.................
    I have to get this form posted to court this Monday to be on the safe side.
    It asks for my I & E and a recent wage slip.
    I only work part time and my hubby works full time, we have two children,
    If my hubby is not liable to pay my debt then do I just write down what I pay for and what I earn and make an offer of payment, and then write that my hubby pays for all the other expenses or do I have to include his income along with his outgoings and send a wage slip of his too.
    ON THE FORM IT ASKS FOR " MY HUSBAND OR WIFES USUAL TAKE HOME PAY"

    I hope I have explained OK, I really don't know what way to fill this in as I have tried to explain above.
    Any thoughts, help would be really appreciated.
    cheers Q., x

    For attractive lips, speak words of kindness. For lovely eyes, seek out the good in people. For a slim figure, share your food with the hungry. For poise, walk with the knowledge that you never walk alone. People, even more than things, have to be restored, renewed, revived, reclaimed, and redeemed; never throw out anyone. Remember, if you ever need a helping hand, you will find one at the end of each of your arms. As you grow older, you will discover that you have two hands; one for helping yourself, and the other for helping others.
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  2. #2
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    Default Re: N55 Notice of application for attachment of earnings order, Help Pretty Please.

    I think (and I'm happy to be corrected) that if the credit card was applied for solely in your name and issued based solely on your income then I would say that only your income and expenditure should be considered when asking for payment terms.

    It could be viewed that the part of the form asking for husband or wife's income should only be completed where there is a joint debt.

    As you say, there is only a small box on the form to put your reason for asking for suspension - however, if you need to explain in more detail (i.e. it would be detrimental to your employment status, or that you had already offered a an installment offer but was ignored) then you should write in the box "please see affixed sheet" then you need to write the claim number and your name at the top of the sheet and affix it to the form. Don't forget to keep a copy of everything and send by recorded or special delivery.

    There is of course the possibility of having the CCJ set asideicon due to the fact that the claim was issued for only part of the claim - this would involve a fee of 75.00 and is applied for on a different form. However, the other way of looking at it is this - if you pay the 315 then no-one can come back to you for the remainder as the claim will have been satisfied. How much is the whole debt?

    Ell-enn

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  3. #3
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    Default Re: N55 Notice of application for attachment of earnings order, Help Pretty Please.

    Firstly Ellen you are so kind to reply sp speedily, many many thanks.

    I actually was givren the card years back when I didn't even work and it was only in my name my hubby didn't know I was applying for it. I applied in bank as I kept going in to pay an argos card balance and the cashiers kept saying take our card and tranfer balance it will be cheeper. so hubby certainly wasn't aware until I told him I had one.
    I suppose they linked me with my hubby and he was working and still is.

    I did think perhaps the part which says husbands or wifes income could just be for joint claims.

    I wondered weather it would be best to include hubbies income and expenses but send no wage slip of his and write that this is where our money goes and as this debt is just mine my husband did not want me sending his wage slip but out of our combined surplus I will offer part of it, as my hubby isn't liable for my debt, OR to just do as previously stated and not include hubby for same reason and say this is where my income goes and offer 10.00 a month, I don't earn much, it all goes on living exspenses any way. If I did include hubbies wage then it would probably end up as a $10 a month offer any way, and that is us being generous.

    The debt on the card was a couple of thousand so yes, if I get this paid then the CCJ will be satisfied, so if they came back for more it would be a case of "res judicata". Bryan carter did the same with a debt of my hubbies, we paid this to bailiffs as we again couldn't affortd the 50 a month set by court, then received confirmation that the CCj was Satisfied, Carter then asked for the balance remaining, We said the CCJ has been paid, You are not getting any more and never heard another thing. that was over a year ago now.
    This company seem to run in a similar way to Bryan Carter sols.

    For attractive lips, speak words of kindness. For lovely eyes, seek out the good in people. For a slim figure, share your food with the hungry. For poise, walk with the knowledge that you never walk alone. People, even more than things, have to be restored, renewed, revived, reclaimed, and redeemed; never throw out anyone. Remember, if you ever need a helping hand, you will find one at the end of each of your arms. As you grow older, you will discover that you have two hands; one for helping yourself, and the other for helping others.
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  4. #4
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    Default Re: N55 Notice of application for attachment of earnings order, Help Pretty Please.

    OK, if you would only end up with 10 surplus to offer by taking joint income into consideration then you will be at no disadvantage by doing that. You should only send in your wage slip - after all it's only your debt.
    Keep the information on the sheet you are attaching concise and to the point, no need to mention that your husband doesn't want his wage slip sent in.

    When you fill in the income and expenditure part of the form, make sure the 10 per month you are offering is what is all that is left over after everything else has been paid. Take a photocopy of all of it before sending in to court.

    Ell

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    Default Re: N55 Notice of application for attachment of earnings order, Help Pretty Please.

    Yes Ell_en,
    I think that would be the best as if I left out my hubbies wages it would look like I was trying to hide something. I really just want this payment accepted and to pay it.
    I will keep the info to the point, they don't want my life story i know.
    Do you have any idea if these forms once completed are successful?


    i cannot find any cases the same as mine where any one has just sent off there income and not included there spouses. I've searched this forum but can't find any account of this.

    Cheers Q.x.

    Thanks for your message Ell-enn. you are a star.

    For attractive lips, speak words of kindness. For lovely eyes, seek out the good in people. For a slim figure, share your food with the hungry. For poise, walk with the knowledge that you never walk alone. People, even more than things, have to be restored, renewed, revived, reclaimed, and redeemed; never throw out anyone. Remember, if you ever need a helping hand, you will find one at the end of each of your arms. As you grow older, you will discover that you have two hands; one for helping yourself, and the other for helping others.
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  6. #6
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    Default Re: N55 Notice of application for attachment of earnings order, Help Pretty Please.

    Questioning,

    Are there any charges on this card that you could reclaim?

    Reclaiming CC charges is quite simple and may well pay off the CCJ.

    JOgs


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    Default Re: N55 Notice of application for attachment of earnings order, Help Pretty Please.

    Hi there, thanks
    My main concern is to get this CCj paid off by installments, as they have only sued for part of the debt, once this is satisfied I could then fight them off hopefully if they tried to get the rest.

    For attractive lips, speak words of kindness. For lovely eyes, seek out the good in people. For a slim figure, share your food with the hungry. For poise, walk with the knowledge that you never walk alone. People, even more than things, have to be restored, renewed, revived, reclaimed, and redeemed; never throw out anyone. Remember, if you ever need a helping hand, you will find one at the end of each of your arms. As you grow older, you will discover that you have two hands; one for helping yourself, and the other for helping others.
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    Default Re: N55 Notice of application for attachment of earnings order, Help Pretty Please.

    Just Noticed this N55 form says In the Expenses column Do not include any payments made by other members of the household out of their own income.
    I understand this to mean only include what expenses I pay from my income.
    I think I'll have to ring the court about this.
    I'll post back what the court says as it may help others who are in the same boat as me.
    It would certainly be easier for me if I did only have to include my income and outgoings.

    For attractive lips, speak words of kindness. For lovely eyes, seek out the good in people. For a slim figure, share your food with the hungry. For poise, walk with the knowledge that you never walk alone. People, even more than things, have to be restored, renewed, revived, reclaimed, and redeemed; never throw out anyone. Remember, if you ever need a helping hand, you will find one at the end of each of your arms. As you grow older, you will discover that you have two hands; one for helping yourself, and the other for helping others.
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  9. #9
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    Default Re: N55 Notice of application for attachment of earnings order, Help Pretty Please.

    Can some one have a look at this post please and tell me what they think?

    I phoned the court the girl didn't have a clue.
    She read the form and then said do as it says on the form, which is .........
    Include the spouses income as it asks you to and money anyone else contributes to the household, if applicable,
    then in the expenses part only put my expenses down and then I could just write that all other expenses that I don't pay for are paid by my husband out of his income.

    I do not include hubbies wage slip.
    I must admit my OH does not want his details recorded on this form as it is not his debt.

    For attractive lips, speak words of kindness. For lovely eyes, seek out the good in people. For a slim figure, share your food with the hungry. For poise, walk with the knowledge that you never walk alone. People, even more than things, have to be restored, renewed, revived, reclaimed, and redeemed; never throw out anyone. Remember, if you ever need a helping hand, you will find one at the end of each of your arms. As you grow older, you will discover that you have two hands; one for helping yourself, and the other for helping others.
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    Default Re: N55 Notice of application for attachment of earnings order, Help Pretty Please.

    edit

    For attractive lips, speak words of kindness. For lovely eyes, seek out the good in people. For a slim figure, share your food with the hungry. For poise, walk with the knowledge that you never walk alone. People, even more than things, have to be restored, renewed, revived, reclaimed, and redeemed; never throw out anyone. Remember, if you ever need a helping hand, you will find one at the end of each of your arms. As you grow older, you will discover that you have two hands; one for helping yourself, and the other for helping others.
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  11. #11
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    Default Re: N55 Notice of application for attachment of earnings order, Help Pretty Please.

    What about electricity and gas? Typically these would be around 100 per month.
    Also what about children's school trips etc.
    What about TV licence?
    What about car expenses, MOT, Insurance, Tax?
    If no car then what about transport expenses?

    I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.
    You can also ding my gong if you prefer.
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    Default Re: N55 Notice of application for attachment of earnings order, Help Pretty Please.

    You could also look at this http://www.nationaldebtline.co.uk/en...bs-monthly.pdf.

    This gives you a templateicon to complete which ensures you don't miss anything.

    I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.
    You can also ding my gong if you prefer.
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    Default Re: N55 Notice of application for attachment of earnings order, Help Pretty Please.

    Hi Palomino,
    Yes I have looked at the link, thanks
    These are my expenses from my wages, child benifit and child tax credit, these two benefits I collect and pay out as our living expenses.
    My husbands expenses are not included as this CCJ debt is mine, It is not my husbands debt.
    They want me to list my expenses from my income.
    The things you mention are what my husband pays which are why they are not included.
    I have heard the court is strict, which is why i would love comments from others before sending this form off.
    Thanks
    CAN ANYONE COMMENT ON MY POST #9 PLEASE, THAnks

    For attractive lips, speak words of kindness. For lovely eyes, seek out the good in people. For a slim figure, share your food with the hungry. For poise, walk with the knowledge that you never walk alone. People, even more than things, have to be restored, renewed, revived, reclaimed, and redeemed; never throw out anyone. Remember, if you ever need a helping hand, you will find one at the end of each of your arms. As you grow older, you will discover that you have two hands; one for helping yourself, and the other for helping others.
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    Default Re: N55 Notice of application for attachment of earnings order, Help Pretty Please.

    Just to update. might be helpful to someone wondering the same things as i was.........
    I did fill the N56 out correctly.
    It did mean my hubbys wage my wage & benifits, (if any)
    BUT I only had to list expenses what I paid out for, I sent a covering note saying this is where my money goes and all other household expenses that I haven't listed is because my hubby pays them.
    I asked for order to be suspended and it came back as 'agreed to suspend the AOE's' and I am 'ordered to pay 5. a month'.
    Great result and all I have to do now is contact the DCAicon so i can set up a standing order so that they can't turn round and say they haven't received my posted payment.
    They could appeal against this order within 16 days but I can't see the point as I only work 14 hrs a week, so earn a small wage and you "can't get the knickers of a bare arse" :grin:

    For attractive lips, speak words of kindness. For lovely eyes, seek out the good in people. For a slim figure, share your food with the hungry. For poise, walk with the knowledge that you never walk alone. People, even more than things, have to be restored, renewed, revived, reclaimed, and redeemed; never throw out anyone. Remember, if you ever need a helping hand, you will find one at the end of each of your arms. As you grow older, you will discover that you have two hands; one for helping yourself, and the other for helping others.
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  15. #15
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    Default Re: N55 Notice of application for attachment of earnings order, Help Pretty Please.

    ARE ther any charges on the credit card that you can reclaim?


  16. #16
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    Default Re: N55 Notice of application for attachment of earnings order, Help Pretty Please.

    Quote Originally Posted by havinastella View Post
    ARE ther any charges on the credit card that you can reclaim?
    Probably not many, I'm not really bothered about trying to re claim charges as they have sued for only a minute part of the debt. It will take me a few years to pay this CCJ at 5. a month, even if they applied to raise the monthly payments at a later stage they won't get much of a result. After this has been satisfied they will have to sue me again, in which case it will be defended as outlined in my first post.
    I will be sending a CCA Requesticon to them though.... it might prove to be fruitful.

    For attractive lips, speak words of kindness. For lovely eyes, seek out the good in people. For a slim figure, share your food with the hungry. For poise, walk with the knowledge that you never walk alone. People, even more than things, have to be restored, renewed, revived, reclaimed, and redeemed; never throw out anyone. Remember, if you ever need a helping hand, you will find one at the end of each of your arms. As you grow older, you will discover that you have two hands; one for helping yourself, and the other for helping others.
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