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mccarthybaby

Notice of application for attachment of earnings order - help?

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Hi,

 

Writing this on behalf of my partner who with in the last 6 months has moved in with me. I am trying to work my way through his debts as he got to the stage of burying his head in the sand.

 

Anyway i sent a CCA off to welcome on the 24th june and we have received nothing from them but i expected this from what other people had commented. Anyway we have just come back from our weeks holiday to have received a notice of application for attachment of earnings order. Its dated the 30th July and we have 8 days. It states that a judgement was issued by northampton county court and he has ignored it and that we have 8 days to respond.

 

My partner doesnt remember recieving court papers about this before but then he was ignoring everything, or it could have been sent to previous address as he didnt update any change of address details.

 

So my question is if we are putting the accound into dispute what are our next steps to prevent welcome taking money from our account? Would be our account too as its a joint one. Also had ppi on this which im trying to get back too to know avail.

 

Help please i dont know what to do next.

 

Many thanks

 

Leah

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Hi

Im not 100% on this, and i may stand corrected by more experienced caggers....is the letter officialy from the court, solicitors or welcome? I personally would contact northampton cc..this is a bulk clearing place you can get the contact details if you google!! explain that this is the first you have been made aware of this.and have not received any official documents from the courts or solicitors..your oh may have to speak to them though... there may be a way you can get the 8 day thing extended whilst you investigate further....post back what you can find out and im sure others will be along shortly to help...

 

B-O-2


ANYBODY WHO NEEDS INFO ON YOUR LEHMANS MORTGAGE

either SPML/PML/LMC/SPPL; the following are DIRECT tel#s,

of the investigating & prosecuting organisations: DONOT say you are from CAG-only directly affected or a concerned citizen.

 

1. Companies House: Kevin Hughes(Compliance Manager-main) @ 02920 380 633

2. CH : Lee Jenkins(prosecuting Amany Attia(MD) for SPML/PML) @ 02920 380 643

3. CH : Mark Youde(accounts compliance) @ 02920 380 955

 

4. Companies Investigation Branch(CIB) : Charlotte Allan @ 0207 596 6108

(part of the Insolvency Service) investigating all the Lehman lenders

 

5. CIB : Jeremy Pilcher('unofficial'-consumer/company lawyer) : @ 0207 637 6231

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Hi,

 

yes this is a cort document, stamped basildon county court. Stating that the judgement was made at northampton. Have they done this because they know they cant enforce this loan as they have provided no paperwork to our CCA request. Just wanting to know what our next steps are now? will get my OH to ring the court tomorrow to see what they say?

Any further input from anyone would be much apperciated.

 

Thanks Leah

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Hi

 

I would suggest that perhaps you open another bank account just a basic one and transfer your DD/SO etc., to that and any money that you earn and just put it in your name.

 

You definately need to get on to the court and find out all the details you can then get on to basildon and explain the situation that he has never received any papers from Northampton and that you need more time and that you are waiting for info from Welcome.

 

Make sure you get the in dispute letter off to Welcome SD (next day signed for).

 

Only the court can order an attachment of earnings and will not make him pay more than they say he can afford. They should not be able to take any money out of your account they would expect his employer to deduct the money from his wages.

 

Please post up anything the court tells your OH but dont forget not to give exact details on any of your posts as these people are known to read the forum.

 

Hope this has been of some help.

 

DG:)


I have no legal training my knowledge comes from my personal life experiences

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Sorry, can some one please post up a template letter to put the account in dispute - cant find it now but was looking at it last night!!

 

thanks

 

leah

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Sorry, can some one please post up a template letter to put the account in dispute - cant find it now but was looking at it last night!!

 

thanks

 

leah

 

Here you go amend to suit.

 

if they have replied to you with a demand for payment after receipt of a CCA request or 12+ 2 days have passed you can send the following (put your details in where there is xxx put the necessary details in:

 

Account In Dispute

 

Dear Sir/Madam

 

Ref:

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me with a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

 

You have failed to comply with my request, and as such the account entered default on xxxxxx.

(12+2 days after you sent the CCA request – Delete this line)

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired

 

As you are no doubt aware section 77(6) states:

If the creditor fails to comply with Subsection (1)

(a) He is not entitled, while the default continues, to enforce the agreement. Therefore, this account has become unenforceable at law.

 

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. If you not respond within 14 days I shall take it that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

 

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

 

* You may not add further interest or any charges to the account.

 

* You may not pass the account to a third party.

 

* You may not register any information in respect of the account with any credit reference agency.

 

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully,

 

 

Dont use your usual signature initials, type etc., and send it RD

 

DG:)


I have no legal training my knowledge comes from my personal life experiences

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Hi,

 

You will need to return the N56 form right away (should have come with the notice of attachment of earnings) to the court In the box at Q10 you need to write "please see affixed documents". Write a letter to the court explaining the circumstances and affix with the copies of the two letters to welcome.

 

If you post the form make sure it's by recorded delivery and you will need to pay with a postal order. It's best to take it to the court yourself if possible (I assume the attachment of earnings paperwork came from your local court?)

 

Make sure you keep a photocopy of all of the above for yourself.

 

Ell-enn


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Thanks for replies - have completed account in dispute letter will be sent recorded del tomorrow. Have also filled in court paperwork and sent copies of letters sent to welcome and also a covering note giving a brief run down - again will be sent recorded tomorrow.

 

Thanks again for your help and will keep you updated.

 

Thanks leah

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i have today sent by recorded del of course ;) a account in dispute letter to welcome. i have also asked the court to suspend any action until matter is resolved included all previous letters sent. Also sent off a Full SAR to welcome to look at PPI and what charges have been applied.

 

Just a quick question, if i am putting account into dispute can i then still claim back PPI and any charges or should we just leave it at that?

 

Thanks

Leah

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attachment of earnings

there must be a ccj

 

who are the letters comming from

welcome

h cohen

lewis group

 

please confirm

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this is the thing, my partner moved in with me beginning of may but never changed his address to mine, he was very much at the burying his head in the sand stage. so this attachment of earning thing is the first thing we have recieved for him at this address. Not sure when the ccj thing went on whether it was because he was not opening his mail or if it happened after he had moved out. Either way he has no knowledge of ccj or any other paperwork. i have sent a SAR request to welcome also now to see what the charges are and stuff. Suppose we will be getting lots of letters now then too.

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This Being Mr Cohen

Nothing Surprises Me Any More

 

Do You Infact Have A Ccj Or Attachment Of Earnings

 

You Will Be Gobsmacked The Things Cohen Says

 

Have You Checked Your Credit File To See If Any Ccj Are Listed

 

Its Free For 30 Days As Long As You Cancell

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it is acctually an attachmentn of earning thing although it does just look like a photocopy not an offical court document, but was stamped with basildon county court. I have got my partner to do his credit refernce thing but he has had to send proof of address off as he has only really recently moved in with me. so will wait for that to see what ccj and defaults show up on his!

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Get Back To Me When He Has His Report

 

There Is A Lot Going On With Cohen At The Moment And Is Being Pressed For Results

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just an update,

 

have recieved an acknowledement letter from welcome re SAR. Also sent off the letter to Basildon court disputing the case and have since had a notice to transfer the case from Basildon to our now local court. Is this normal or should i do something else?

 

thanks

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That's cool. They need to use your local court. If still no agreement, you're fairly bullet proof.

 

Get a complaint in now about the PPI. Should an agreement actually turn up, the fact that PPI was included in the final figure for credit, assuming mis-selling took place (WTF am I say, of COURSE it took place), makes the final figure incorrect. And thus the agreement is unenforcable.

 

postggj will have other stuff he'd like you to ask for. I can only comment on the stuff I know about.

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Got SAR stuff through today, have scanned in some of the things they have sent . will try and figure out how to upload.

I sent cca request 24.06.09, no response, sent account in dispute letter and SAR rerquest 03.08.09, according to details that they sent there are 3 defaults entered. sept 08, oct 08 and 12th august 09. after account in dispute sent?

Amazingly recieved sar and a previous letter at this address but latest default was sent to my partners previous address?

Hope someone can help and offer next steps.

 

Thanks

 

Leah

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use the upload link for message boards with out the thumb nails option to post

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also, my oh has had extra money taken directly out of his wages. normally its just his csa, but the amount has doubled? waiting to hear back from hr on what this is for, but on the statement from welcome it does show as 2 lots of court fee has been added although shockingly none of the court documents have been sent to him and on the covering letter it does state that these are all documentation that they hold relating to account.

 

connected?

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Well Done On Photo Bucket

 

Tell Me

 

Have You Confirmed An Actual Ccj Yet

Thats With Claim Number And Court

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yep court a claim number and court, sent back the form stating that disputing then recieved a letter stating transfer from my oh old local court to new one. but not heard anything about the action being stopped or put on hold? court did get the documents as we sent them courier and they were signed for with in the 8 day limit we where given

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If an attachment of earnings had been sent to his employer you would have had a copy of the order.


Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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