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Attachment to Earnings


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I have received a letter from a creditor requesting details of an ex-partner be submitted to the court so his income can be taken into consideration so the debt can be paid quicker as they do not agree with the amount agreed by the court that I should pay as I am employed. The fact that he is self employed how will this impact on the amount I have to pay as the creditor is disputing it?

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You should tell them to go and take a running jump. The debt is yours, not his.

If they do not agree with the amount specified by the court then they must take that up with the court, not you. They are perfectly entitled to ask the court for the amount you must pay to be varied. Equally you are entitled to contest their application.

Bear in mind that the court made a judgment based on the evidence as presented. For any variation of that judgment to be made it must be shown that the evidence presented was incorrect or that your circumstances have changed materially since the judgment.

 

This sounds like an attempt to bully you into paying more than you should.

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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I take it I would contest this by providing evidence of the aspect of my budget they dispute namely child care and my ex partner. They are also saying that the amount agreed £50 per month for a debt of just over £2000 amounts to an interest free loan payable over a period of time that would not be unacceptable anywhere. They are suggesting a warrant of execution be obtained to recover all or some of the o/s amount from my ex as he was on the contract.

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Guest dvdriley
You should tell them to go and take a running jump. The debt is yours, not his.

If they do not agree with the amount specified by the court then they must take that up with the court, not you. They are perfectly entitled to ask the court for the amount you must pay to be varied. Equally you are entitled to contest their application.

Bear in mind that the court made a judgment based on the evidence as presented. For any variation of that judgment to be made it must be shown that the evidence presented was incorrect or that your circumstances have changed materially since the judgment.

 

This sounds like an attempt to bully you into paying more than you should.

 

read this last post again!!

 

They can only get you to pay more by applying to the courts themselves. You have a court order to pay x, stick with it. do not be bullied

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they have applied I think as i receivd a letter fromt he court saying they will be hearing it on 24 feb and the court have sent me a copy of the letter they have sent saying all of the above. Should I submitt proof of my budget - sticking to what I said! and tell them to take a hike over my ex?

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Precisely!

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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I have just read again the 'General form of judgment or order' attached to the copy of the letter the court has sent to me from the creditor and it says: It is ordered that the Attachment of Earnings Application be heard on 24 February....... Does this mean that they could overturn the suspended attachement of earnings the court has already decided on and make the attachment? Will I need to attend?

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Guest dvdriley

you dont need to attend. If you have not paid, on time, the amount stated in the suspended order, they will issue a full order to your employer. That means the amount stated will be deducted from your wages. No appel I,m afraid

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I had to pay the creditiors the first payment by the 31 January 2009 which I did by cheque as the creditors did not provide any account details to pay directly to. It was the creditors who appealed to the court in a letter to the court dated 10 January 09 saying that the £50 is not sufficient and they want verification of some of my costs and details of my former partner. I need to know if the suspended order can be cancelled on this basis. I have just finished drafting a letter to the court verifing my costs. I am really scared now because of this gets overturned I will loose my job for sure. Please help....

 

:confused:

 

Please can someone help me with my query....

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DCA

Youve made the payment as ordered by the Judge??

If so, check to see if the payment was taken.. If they didnt supply any account details for payment thats their problem, this should be stated on any defense. If your circumstances havent changed since your last hearing, I cant see this being changed as they are being unreasonable.

You are NOT responsible for your ex partner either,

Did you contest this account previously? Or did they get judgement by default?

The reason I'm asking is that if you didnt defend, they could get a judgement and may have added charges on etc, so if they do take you to court, you may be able to set aside and counterclaim.

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Thanks for that! Yes I made the exact payment as per the judgement. My circumstances have not changed. The Judgement was passed by default as I moved house and I did not receive the papers but I received the judgement as I had postal redirection so i was unable to enter a defense. The debt is for nursery fees so I do not know if any charges have been added but the amount they are claiming does seem excessive.

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