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Transfer of Proceedings for "attachment of earnings" application


alexteh
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I got myself into a bit of trouble a while back and have been slowly working my way out of it all. Everything has been going pretty OK but this week I received a letter from the County Court for the area we moved out of about 2.5 years ago telling me:

 

Notice of Transfer of Proceedings:

 

To all parties

 

This claim has been transferred to [name of nearest CC to where I live now] to continue the attachment of earnings application as the defendant no longer resides within the jurisdictions of [name of old CC]

 

Now I understand what the actual notice itself means. What I don't know is who the claimant is, what they are claiming for or when they started and/or how far along the whole process is.

 

What I'm after is some advice on where I can go from here. Do I contact the (old) County Court and quote the claim number and ask for further documentation - even though they are effectively passing it over to another court - or do I wait until I hear from the new court or do I try to find out who the claimant is and contact them?

 

Also, I would rather not have an attachment of earnings order (I didn't know they were even an option for unsecured debts anyway) and I'm not certain I even owe these people any money!

 

Any advice greatly appreciated!

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Hi alexteh,

 

I'd get onto the 'old' court first thing Monday and ask for copies of all the paperwork, although this is likely to be in transit between the two courts, the first court should hold some sort of records for the claim. Failing that you'll have to await it's arrival at the new court. The new court will obviously be contacting you to advise of the hearing date, but I don't think you should wait for that, as you should be looking to have the Judgement set aside if your were not notified of the claim.

A couple of hundred years ago Meyer Amshel, (1743-1812), founder of the Rothschild dynasty is reported to have told his five sons, “Let me control a nation’s money and I care not who writes its laws”.

 

PLEASE NOTE - I am not a legal expert, what I have written is my own opinion garnered from reading this forum and consumer legislation, and my own experience of the judicial process.

 

If I have been helpful, please feel free to tickle my scales!!

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Well I sent off a letter to the old court asking for more information but not heard anything yet.

 

I did receive a new letter from the new court this morning which is a copy of the letter telling my employer to deduct money each month until the entire debt is paid off. It also states the debt amount.

 

The amount is probably affordable (bit of belt-tightening) and isn't actually for that much - it'll be paid off in 3 months but it really ****es me off that the first I've heard about any possible court action is after the event.

 

Is there anything more I can do?

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