Hi All

My partner no longer lives in the UK, but has received a few emails from an old (believe pdl) debt over the last few months relating to a CCJ which was granted after she left the country.

The DCA are called TM LEGAL SERVICES

They have now sent the following:

Following our recent letter, you have failed to contact the office to set up a repayment on your County Court Judgment.

We are now in the process of contacting your employer to verify your status of employment.

Once we have confirmed the status of your employment, we will complete an N337 Form (Request for Attachment of Earnings Order) and present this to the court. We anticipate this form will be completed in the next few days.

After this form has been completed and sent to the courts, we are unable to retract the application and your employer may be informed of your County Court Judgment. Once the Attachment of Earnings has been applied for, the courts will issue you an N56 Form (Form for Replying to an Attachment of Earnings Application Statement of Means). You must fill in this form, giving details of your financial circumstances. These include your employer's details. You are required to include your partner's financial circumstances also. You must return this to the court within eight days.

It is an offence not to send back the N56 Form or to give false information within the form. If you do not send back the form, the county court bailiffs will serve you with an order to complete. If you still do not return the form then you will be sent a notice of summons to attend a court hearing. At this hearing you will be required to explain why you have not supplied information about your financial circumstances that you were requested to. You must attend this hearing. If you do not attend the hearing, the court can issue a warrant for your arrest and you may be brought to court or even jailed for up to 14 days.

To stop our application, we require you to contact the office by 7.00pm today Friday 29th September 2017 on the number below to discuss the options avaliable to you..

Our contact number is 01253 523460 (option 2) and our opening hours are Monday to Thursday 8.00am to 7.00pm & Friday 8.00am to 7.00pm. Note, we are extending are opening hours to give you a final oppurtunity to avoid the Attachment of Earnings.

Pretty scary sounding here, mentioning arrest etc.

What is the best way to approach this.

She does not live in the UK,

is not employed in the UK,

but we are willing to potentially set up a payment plan,

but are wary of giving them much info.

Any help would be appreciated.

Ring them and agree a payment plan...no need to advise any whereabouts ...just ask for payment details/amounts owing.Check the initial CCJ to see if the amount is correct and the same as they are requesting then set up a payment arrangement.

Regards

Andy

Thanks, will try this now

Whats the CCJ for ? i

1st stop payday loan

Hang fire here - Not employed in the UK or live here. My understanding is that an AOE wont apply?

So why pay? Where did you move to?

How much is it for on the CCJ? Id laugh if they ever attempted enforcement action for £750 etc (Thats what these PDLs usually were up to as a maximum for a lender to loan out) - If youre overseas, chances are that will cost them thousands more for such a pitiful amount...

CCJ is for £850. Plan on moving back in the next couple of years so would be nice to clear it, and their threat of arrest is not sitting well.

An offer of £50/month was given to them today and the email response was:

Thank you for your email.

As the County Court process has been initiated on your account, you would have to contact our litigation department on 01253 523460 to advise you of the necessary steps on resolving the outstanding claim.

We are open Monday to Thursday 8.00am to 7.00pm and 8:00am to 5:30pm Friday.

The litigation department can also discuss any payment options available to start repaying the County Court Judgement.

Please visit https://www.tm-legalservices.co.uk/payment to find the most convenient way to make payments to your account.

To find out more information on managing your County Court Judgement or to find out what happens if you do not keep to the terms of a County Court Judgement, please visit: https://www.tm-legalservices.co.uk/county-court-judgment

You can also pay 24 hours a day using our new payment line. Please call 01253 845 880 and have your agreement number and card details ready to pay your agreed amount.

Anything agreed I want in writing via email so how exactly do we proceed with this..

What date was the CCJ given?

August 2014

So just how do they plan to find out your employers details eh? ^_^

Id like to see them fail

But if you wish to pay £50 a month then okay - But is it affordable?

I thought exactly that, ridiculous email isn't it!

The £50 is about the maximum of the limit when it comes to affordability, but their email response has not encouraged me, I mean we offered them £50 a month, and they ignore the offer and just say call us to discuss options, when for years they have been emailing asking us to pay them.. and I want it in writing

Why dont you pay them £10 a month? They may have a CCJ but they can do naff all while you live overseas... And for £850 they wont go enforcement action. Just tell them you are overseas

f they do issue a AOE - It costs them £100 i believe which means that they will have wasted £100 they may never get back...

But why not just pay them £10 as above and tell them thats all you can afford. If it comes to an I+E then only a judge will order that and also they wont see anything of it

And Arrest you? Yes at extremes but naturally it wont get that far here... So dont fall for their threats.

I thought exactly that, ridiculous email isn't it!

 

The £50 is about the maximum of the limit when it comes to affordability, but their email response has not encouraged me, I mean we offered them £50 a month, and they ignore the offer and just say call us to discuss options, when for years they have been emailing asking us to pay them.. and I want it in writing

If it were me, i would just email them back saying that i have been resident abroad since xxxx and have no intention of returning to the UK. That if they want to negotiate anything, they should pass the email to their department that deals with litigation and it is up to them to make an offer. Otherwise, you will ignore any future correspondence, as you are out of jurisdiction.

If they don't bother, then in a few years if you return to the UK, you can settle the CCJ if it still an active issue. The problem with an unpaid CCJ on your record, is obtaining any credit accounts or renting any property. If you intend to rent in your name and any credit check will be done, then you might want to pay the CCJ before you return.

Thanks, I will do that, will come back here when I have a response from em!

forget the arrest you bit

pers id be reporting that to the FCA

its a total scare me email and you jumped at it.

I gather you were resident abroad when the CCJ was filed?

did you not inform anyone ?

or ran away?

Left the UK in 2013 with a few things on payment plans, this was one of them, left due to an overseas job and to be honest this one got completely forgotten.

We had no idea there was a CCJ until we recently checked the credit file and saw it, had numerous emails but thought they were all the usual threats so did not pay too much attention

stuff 'em there's really little they can do

you don't earn here they cant AEO!!

And Arrest you? Yes at extremes but naturally it wont get that far here... So dont fall for their threats.

If the company has threatened you with arrest/prison in writing, you should contact the Financial Ombudsman and make a formal complaint. Then you should contact the company to make a complaint and ask for compensation for distress due to their lies and threats.

The UK is a signatory to the ECHR and:

Protocol 4 ARTICLE 1

Prohibition of imprisonment for debt: No one shall be deprived of his liberty merely on the ground of inability to fulfill a contractual obligation.