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  1. First I've heard of this, I haven't received anything else regarding this matter, isn't this something that I have to attend court for? if so why wasn't nothing stated nor issued to me? I have to pay £1005.82+£110 fee within 8 days to a company I don't even know about? or even know what money they are trying to get from me? Over the past few years I've been working hard to pay back things i genuinely do owe, and for this to pop up is just annoying.. I work a part time 30 hour a week job, any ideas? Obviously if the debt is true I'll pay, but from how long ago could it go back to?
  2. I have received a letter this morning at my rented address for a notice of application for attachment of earnings order from Cabot Financial (UK) Ltd. I migrated to Australia in 2011 but had to return in Aug 2015 due to visa refusal but although this letter has a case number and application number as well as a judgement creditors reference I actually have no idea what this debt is supposed to be for as this is the first correspondence I have received at this address and I have been here since August 2015. It says unless I pay the judgement creditor within 8 days I must complete the enclosed form of reply including the statement of means and send it to the court office within 8 days after receiving this notice. I'm not sure what this debt is for which is my main concern as there is no reference to it nor what date this judgment was carried out. It says the address for payment is Restons Solicitors Limited Warrington and that's about as much as I know
  3. Long story short I bought a car on finance had it for three months and life changed enough that I missed the next payment and would miss further payments. I agreed to them having the car back. the repo men turned up we had a cuppa and they went with the car no bad feeling. Due to family circumstances I moved house very quickly to another town to a farm yard hard to find. I stopped paying into a pension and months later thought they were still taking it to find out it was an ATE £100 they have taken me to court for payment including interest - almost £10,000 for nothing:-x Now my stupid bit: This has been going on for over four years (i have had depression etc and could not fight my way out a wet paper bag) I have called the court for an appeal but I had to do it within 21 days I wonder if I have any way out of this . .. i feel £10,000 for nothing is very unjust Looking forward to some replys ... I already know how stupid this seems:???:
  4. My husband had a debt which was taken to court a CCJ given and an attachment of earnings put in force. The first payment has been taken from his salary BUT he cleared this debt 3 weeks ago in a full and final settlement with the solicitor. How do we get this money back as it is not owed and stop further payments being taken? Solicitors have said courts have been informed but not sent anything to us confirming any of this as of yet
  5. Hi I received an earnings arrestment through the post on Monday from Stirling park for £625, I've contacted them asking to cancel it and they've said its been cancelled as I owe £70 less too which is stated in the arrestment. I'm just wondering if they do arrest my wages will the £625 be taken at once? I only get £1270 every 4 weeks so it's a lot too loose in one week I'm really worried I've called 4 times and they say it's been cancelled and to continue paying £70 from next Friday like I usually do but I don't know whether to believe them or not any help would be appreciated thank you
  6. Hi all, hope you can help me out. I am being chased from B&S for council tax for 3 property's (during myself and partners we where moved out due to landlords either selling property's or finding it troublesome, antisocial behaviour or violence, however we are now with the local housing trust as we have a child. Now during those 3 years we have occurred some council tax, some was billed for the entire year, some only for the months we where there. Even before B&S started chasing me, I went to the council and explained the situation, they told me to pay what i could across all the council taxes, so they gave me a bar code for the last few months would chip away at the debt, however the process of bailiffs was automatic and eventually the debt would be passed back to the council. They also told me they would apply for an earnings attachment where they would take a % directly out of my wages to cover council tax and back dated payments, and that has happend and has done for 4 months and it will continue until its paid off? Today b&s have visited with an enforcement notice.... Now I dont want to talk to b&s, infact i want to send some form of letter first calsss recorded giving them no right to access my property and also that the debt is being dealt with the council and their services are not required, from the research ive done their people have no power, and the only people with any say are high court enforcement offices? any help with letters or templates would be great!
  7. Hope the title makes sense but that's the situation. In detail, the debtor and his partner owe just under £5000 to a private creditor, who obtained a CCJ which took the total to just over £5000 including costs. The people are one self employed, with a partner employed in a minimum wage job. The debt remained unpaid and 3 months later the creditor applied for an Attachment of Earnings order (AEO), against the partner obviously as of course he can't obtain one against someone who is self employed. At a court hearing the judge took into consideration the couple's "tentative" financial situation and awarded the creditor £20 a month via an AEO. The creditor wasn't particularly happy with the low amount but the judge said "tough luck". Since then no paperwork has been received by the couple from the court, nor has the partner's employer received anything to enforce the AEO, and no deductions have been made from her monthly pay in the 2 pay packets she has received since the court hearing around 6 weeks ago. a couple of days ago a Notice of Enforcement was received by the couple from a private London Enforcement Officer. The form is genuine. The details include: "Judgement was entered against you by the claimant (etc)..in XX October 2015. The judgement was subsequently transferred to the High Court for enforcement purposes and a writ of control has been obtained. IMPORTANT: The questions here are: 1. Is there an Attachment of Earnings order in force, since neither debtors nor the partner's employer have received any paperwork from the court? I guess I'm asking is, given that the judge awarded the AEO to the creditor at the court hearing 6-7 weeks ago, can he then reject it without it ever being enforced and pursue enforcement via the bailiffs instead? 2. Can the creditor enforce the debt by asking bailiffs to attend AS WELL AS having an AEO in place? I ask this because it was always my understanding that the existence of the AEO prevented the creditor from pursuing any other action at the same time. - or - Can the creditor still do this against the self employed debtor even though the partner has an AEO filed against them? 3. Are the debtors not entitled to be informed that the case has been moved to the High Court and the AEO amended (if any changes have taken place) prior to the Notice of Enforcement being issued? There may be a couple more points I need clarifying later but at this stage I need to establish the legality of the Notice of Enforcement here before making any moves. Thanks in advance. Sorry for the long post, I've tried to keep it as short as while including the relevant details.
  8. I’ve just been offered and agreed to take on some consultancy work by a local consortium. I’m currently working full-time in the NHS and this work, whilst linked, will be done in my own time (evenings / weekends). I’m wondering about the best way to separate and deal with the additional income which could be perhaps an additional £10k per year. I’ve looked, albeit very briefly, into creating a sole-trader company so that I can have a separate bank account and entity from my otherwise full-time PAYE income. So, what’s the best way to ensure I don’t get myself into a mire with the HMRC?
  9. Hi, I hope someone can help me Over the years I have got into a lot of debt with council tax mainly because I have moved from job to job, anyway I have a 0 hour contract and usually earn around £350 a week ( when I work) I can then go 2 weeks without any work so I always budget my money to last me in case of no income on future weeks. The council have just placed 2 attachment of earnings on my wages, for CT due from 2006!, which I think allows them to take between 12 and 17 % of my earnings for each order, this will leave me struggling financially as my rent is £130 p.w so I always make sure I keep 2 weeks payments out of 1 weeks wages incase I dont get any work. I am really worried as I wont be able to survive, they also sent 5 other summons I have to bailiffs so I have 5 letters from them also demanding payments of over £2000, I dont know how they expect me to pay them as well as taking money from my wages. I am seriously considering leaving my 0 hour contract job and signing on until I come to an arrangement with them, I really need help
  10. With over 3.5 million Liability Orders being issued each year for arrears of council tax, this new thread is of huge importance as the following proposal from the government will affect many thousands of council tax payers. For this reason I would hope that the moderators will allow this thread to remain on the main section of the forum for a few days before transferring it to the new 'bailiff discussion' section. Today the Department for Communities and Local Government (DCLG) announced that they have issued a Consultation paper regarding proposals to extend the data sharing facility with HMRC to enable them to share data pertaining to higher income debtors. The purpose of which is to enable the local authority to make an attachment of earnings order against the debtors employer.
  11. I have just received 2 attachments of earnings for old council tax debt. One is for £1070 the other £72.50. My monthly take home pay is usually around £1800 and this month I have been paid £1300. I have been on an online calculator and found out that they should have had £317 for the first order so with this takeb off I would have been paid £1483, even if the entire amount of the second order was deducted I would have been paid £1411.50. I called them and they even said that I shouldn't have paid this much but in a word tough! Is there anything I can do. I was expecting maybe £300 and budgeted accordingly but this has left me very short and if they do the same again next month I don't know how we are going to manage. Surely if the law says 17% for each order thereference must be something I can do? Please help back to work tomorrow and am very worried
  12. My wife was involved in an accident, which the other party insurers have admitted they were at fault. As a result of injuries she was unable to get to work and so the her company got rid of her. The job was a temp contract leading to an employed role and she was still in the contract bit of it. Her solicitors have said they can't claim for loss of earnings as she was a temp worker at the time and the company could have got rid of her with no notice. Is this how it works? By the same token if she was a permanent member of staff, could she only claim 1 months salary as that was her notice period?! Her "solicitors" are part of the same group as the insurance company and I get the feeling their not working in her best interests, just trying to keep the value of the claim down.
  13. My sister has been told by her employer of a few years that an attachment of earning has been put on her wages. After some investigation and a few phone calls found that it relates to joint job seekers allowance claim she had with her ex in 2012. Her apparently had £16,000 in a savings account that she had no knowledge of but as the main claimant she is liable for the full £7,500. She has been advised to get her ex to write a letter saying she didn't know about the money which he won't do because the money was his dads but his dad is on sickness benefit so put it in his sons name when he was first signed off. Is there anything else she can do? Thanks
  14. Hi all, I got hit from behind and was without a Taxi for a week before a rental was supplied. I am trying to claim for what I have lost. Initially I was told that the previous 13 weeks earnings from the company sheets would be sufficient. I gave them those and now they want tax returns and bank statements. I have explained that two taxi companies merged a year ago and the earnings have increased and the figures on previous tax returns would leave me out of pocket and the bank statements do not reflect any earnings. This is because a lot of the income is cash and doesn`t reach the bank(used for bills etc) Only the account work which is paid by cheque goes into the account. I am simply trying to claim the actual loss at the time of the accident. Being a 3 month old car, I wasn`t happy at it being smashed but certainly don`t want to lose out over it. The taxi company is the only real proof of earnings and those sheets I have already sent them. Where do I stand please? With thanks in advance.
  15. After defaulting on an £18,000 unsecured Northern Rock loan they obtained a CCJ in Bradford Crown Court in July 2009. They then registered a charge on my share of our home with the Land Registry. In October 2009 I was declared bankrupt and included this loan in the bankruptcy. I have made no payments or made contact with Northern Rock or Marlin Europe since then. I was advised that the debt had transferred to Marlin Europe and they are now chasing me for payment. I have received a "notice of application for attachment of earnings order" that looks like it has come from the court but I suspect is another scare tactic from their solicitors, Mortimer Clarke. What is my best course of action? Do I need to complete the form that asks for income and expenditure details? I do not understand how an unsecured loan, sold as that and with the interest rate set accordingly can somehow become secured on my property. Does my bankruptcy not cancel this out? I would welcome any advice as the notice threatens up to 14 days in jail for not replying.
  16. Hi. I hope that somebody can give me some advice. I received and Attachment of Earnings Order that required me to complete a declaration, detailing my income and outgoings etc. At the bottom of the page, I ticked to have the order suspending and stated that I am happy to make a voluntary payment offer on receipt of a signed credit agreement between myself and the claimant (Hoist Portfolio/Howard Cohen & Co) as I have never had account with them. I have since received Suspended Attachments of Earnings Order dated 2/10/2015 ordering me to pay £40 per month until the £14k debt is cleared. Not had anything in terms of a credit agreement, or any correspondence from Howard Cohen at all for that matter. Can I still fight this? I'm going to contact Howard Cohen to request payment details so that I can make the £40 payment anyway, but if it's worth fighting then I'm going to do that too. Thanks in advance.
  17. My son received a copy of a letter, sent by his former employer to a court in Reading, in reply to their request for information about his current employment. The request was made in connection with an attachment of earnings order issued against him, about which my son knew nothing. He was employed by Cumbria County council on a zero hours contract and as his wages varied from week to week, didn't realise that two payments had been made on this order, one in February and one in March. He has not been employment since then. On contacting the court in Reading, my son was informed that the AEO was made to recover fines imposed by Reading magistrates , in connection with motoring fines. One of these was for failing to report and accident in Maidenhead (which my son has never visited) and for failing to notify the DVLA of a change of ownership (of a vehicle my son has never owned). He has not received any letters about the motoring offence, or about the court judgement, or about the AEO. He has been told that he has to send an email to the court, giving all the details, but that he will have to go to court to swear on oath that he is not the person who was fined by the court. Has anyone any idea how this could have happened and if the AEO will affect him in any way?
  18. I have been informed by the DWP that they are thinking of a DEA for overpayment of Income support from 1992. I had replied to this some time ago stating statute barred etc. I know that the DWP cannot take me to court because of this and also that they can recover from future benefits. My question is this, a DEA according to the Welfare Reform Act 2012 lists specific benefits to which it applies namely universal credit, jobseekers allowance, employment and support allowance, and except in prescribed circumstances, housing credit (within the meaning of the State Pension Credit A) The recovery they seek is for Income support which is not listed, can they still apply the DEA as I believe they can't.
  19. Hello, Please could I have some advice? I've just received a default judgment for a Lowell debt (well, the ccj is dated last month, but I have my post redirected from an old address back to my parents and I've only just gone to visit). I did know I had an outstanding debt from a capital one card, (but for some reason I still receive e-statements from them). They've sold the debt off to Lowell (for £2,552), and I've just had a letter saying that I have a default judgment against me. I have had no correspondence prior to this from Lowell, such as a notice of default, nor have I had any papers come through that would have enabled me to submit a defence. The judgment paper and the letter from Lowell were sent to my old address but redirected to my parents house, however I've not received any defence papers. Is it the court or Lowell who would have sent them? (Just to add, I've had a few problems with the Royal Mail's redirection service before, as not all my letters have been redirected back to my parent's address. Having said that, it seems funny that I've received the notice of ccj and a confirmation of the ccj from Lowell, but received nothing that would have warned me that they were submitting a claim for a ccj. I've had a look at my credit report and it appears that the debt was bought in oct 2013 for £2552, but the judgment is for £2849, (plus another £207 for costs) so I don't know why the debt has increased? Could I have it set aside for punitive charges? Also, it appears that they bought the debt in October 2013, but I moved from my old house at the end of October 2013, which is why I didn't have any knowledge that they'd bought the debt in the first place, so I couldn't have told them of my new address because I didn't know that they were chasing the debt. The only other letter I've received pertaining to this is one that was dated after the ccj was served, saying that a ccj was entered against me and I have 30 days to pay in full (the 30 days are up), otherwise it will remain on the County Court register for 6 years. Please could I have some advice on applying to have this set aside? Many thanks
  20. Group, Sorry for this newbie question but are Attachment of Earning Orders and Instalment Orders mutually exclusive to repay a CCJ ? To put it another way - a debtor wouldn't pay both at the same time to repay a CCJ would they ? The reason for the question is that I understand a creditor cannot obtain a Charging order if payments under an Instalment Order are up to date but can a creditor obtain a Charging Order if payments under an Attachment of Earning Order are up to date ? My logic is that if Attachment of Earning Orders and Instalment Orders are mutually exclusive then the law regarding Charging Orders and Instalment Orders must surely be applicable to Attachment of Earnings Order as well ? Thanks in advance for any feedback / guidance on this.
  21. Hopefully somebody will be able to help me. Background:: My 18 year old son was recently working for a company who made him sign a contract that the first 80 hours were training & that there were training fees of £400 if he was to leave in the first year or they terminated him. Anyhow, the dismissed him after 2 weeks saying they didn't feel he was right for the job (he had worked just short of 80 hours). His wage should have been £355, but he never received 1p due to the training fee deduction (£400). He was previously on JSA (under the Universal Credit umbrella), he informed them when he began the job. He signed back on after losing the job. The company he worked for has sent him his P45 which shows the £355 earnings on it, this has now caused some problems:: DWP have just phoned my son to say they have deducted £150 from his UC/JSA due to his unreported earnings of £355 (which he actually never got as they were held back for training fees). He explained the situation to them on the phone, but they are going from his P45. When he signed back on he explained them he wouldn't physically see any wage due to the training fee. Dates may help: Started the job: 4th May..... Dismissed 18th May.... Signed back on 19th May He received only £95 today due to the deduction is this correct? or should he in fact not have this deduction made due to not physically receiving a penny. (he is paid UC/JSA monthly)
  22. Good afternoon all, I was wondering if anyone could help. Last week my employer contacted me to say that they had received an Attachment of Earnings Order from the London Collection & Compliance Centre, relating to unpaid fines. I had no idea what this related to but after phoning them it transpired that the DVLA never received the change of address for my car when I moved in April 2014. As a result, I never received a car tax reminder in October and so only taxed my car at the end of December when it got clamped. However, unbeknown to me, the DVLA had already fined me twice but all correspondence had gone to my old address, as did the court summons for the unpaid fines. I have this morning been to Highbury Magistrates Court and had the convictions reopened and dismissed as I settled with the DVLA. I now have to wait 10-14 days and should get a refund on the amount that will be taken from my salary this week. My big concern is around my credit rating. Will the attachment of earnings affect this despite the fact that the convictions have now been dismissed. If so, is there anything I can do about it? Also, will these convictions show up on a CRB/DBS check or anything like that? Any help would be much appreciated
  23. I have recieved a letter from the CSA telling me that they have issued an attachment of earnings to my employer. Can they do this without a court order, since I can find no evidence of a court order/hearing in their paperwork. A bit of background. My ex walked out on me about 3 years ago. It seems she was playing away behind my back whilst I was working away from home, then walked out when I got local work. within days I was getting letters and bailiffs contacting me over unpaid debts, namely council tax. It was never my intention to avoid paying maintanance, however it has taken me 3 years to get these debts paid off and was about to start sending payments to her when this all happened. her new fella is financially well off and they run around in a brand new car while I am renting a cheap flat and driving a 12 year old banger. It seems that no sooner do I get one thing sorted then another comes up. I have asked for information regarding the court hearing but I expect to be ignored by these people again (As usual) Is this an illegal attachment of earnings order if it has not been issued by a court of law? Also they have made a 12 month order, but have previously told me that in 5 1/2 months my case with the CSA will end. Can they do this?
  24. I have just recieved a letter stating that i have an unpaid debt of £3972.00 for overpayment of income support from 1995 and overpayment of sickness benefit from 2001 and other debts i have no knowledge of. I have never been informed of any outstanding debt by them whatsoever. I remember 1995 i started work in november and did not tell them of any change until feb 1996. They invited me into there office and i admitted the oversight. I have no knowledge of any other outstanding debt to them. They are sending me the file. They said that if i dont pay them they will send a debt collection agency after me. They also said that the 6 year rule of statute barred does not apply to them and they will vigourously persue it. They said they had previously contacted me by letter sent to the wrong addresses. What should i do next??
  25. we are in a real mess financial due to tax credits claiming about a repayment from 6 years ago , now i am having an attachment of earnings crippling my wages, looking at going down the dro route going to make an apointment to see my local cab but what happens to the payments being taken from my wages for previous council tax and also there is a suspended reposseion order on my rent arrers which we are paying back currently, how are these effected by a dro
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