Ind?court letter / welcome car finance debt

[stoddy34]

who do i send SAR to? and is it not to late now iv recieved the attachment to earnings form as iv only got 8 days to send it back compleated? cheers stoddy

[dx100uk]

this is a side issue for reclaiming as i've indicaetd very much earlier in the thread.

the SAR goes to welcome finance.

 

bet they owe YOU!!

 

dx

[AndyOrch]

Hi Stoddy

 

An attachment of earnings order cannot be applied for if you are unemployed or self-employed, in the army, navy or air force or a merchant seaman.

 

If an attachment of earnings has been issued against you, you will receive a letter from the court and an attachment of earnings form to fill in requesting your employment details and income and expenditure. The court will ask you to pay the amount owed in full, if you cannot afford this, you will need to fill in the form and send it back to the court.

 

If you have received a form, you MUST fill this form in and return it as soon as possible. Failure to return the form will result in the court sending a bailiff to issue the form by hand. If you fail to return the form after that and the court believes you have received the form, a warrant of arrest could be issued against you and a bailiff will be sent to collect you and may take you to the court to fill in the form.

 

The amount you will be asked to pay will depend on your financial situation. The officer will take into consideration how much you need to live on i.e. food, rent/mortgage, essentials and bills. If you are a low wage earner, it might be that an Attachment of Earnings is rejected.

 

You can ask the court to suspend the order if you don't want your employer contacted. If the court agrees you will be ordered to pay the creditor direct. If you fail to make these payments, the creditor will request a re-issue of the Attachement of Earnings and the order will be sent direct to your employer.

 

Regards

 

Andy

[stoddy34]

Hi Stoddy

 

An attachment of earnings order cannot be applied for if you are unemployed or self-employed, in the army, navy or air force or a merchant seaman.

 

If an attachment of earnings has been issued against you, you will receive a letter from the court and an attachment of earnings form to fill in requesting your employment details and income and expenditure. The court will ask you to pay the amount owed in full, if you cannot afford this, you will need to fill in the form and send it back to the court.

 

If you have received a form, you MUST fill this form in and return it as soon as possible. Failure to return the form will result in the court sending a bailiff to issue the form by hand. If you fail to return the form after that and the court believes you have received the form, a warrant of arrest could be issued against you and a bailiff will be sent to collect you and may take you to the court to fill in the form.

 

The amount you will be asked to pay will depend on your financial situation. The officer will take into consideration how much you need to live on i.e. food, rent/mortgage, essentials and bills. If you are a low wage earner, it might be that an Attachment of Earnings is rejected.

 

You can ask the court to suspend the order if you don't want your employer contacted. If the court agrees you will be ordered to pay the creditor direct. If you fail to make these payments, the creditor will request a re-issue of the Attachement of Earnings and the order will be sent direct to your employer.

 

Regards

 

Andy

Thanks Andy I am self-employed as a limited company only been trading 4 months and paying myself minimum wage,so do I just fill the forms in stating that and outgoings cheers stoddy

[AndyOrch]

If you are self employed its not applicable to you so you need to suspend the order....pronto 8 days tick tock.

Use N245 to vary the order and suspend it £40

[stoddy34]

If you are self employed its not applicable to you so you need to suspend the order....pronto 8 days tick tock.

Use N245 to vary the order and suspend it £40

Cheers Andy will get that sorted tomorrow and iv got SAR ready to post,so what happens next?do I get I touch with welcome and sort out a payment plan or do I wait to hear back from the court. Cheers stoddy

[AndyOrch]

Let the Court deal with it and set payment.You will need to offer a current I&E with your application and a proposed first monthly payment.

[stoddy34]

Let the Court deal with it and set payment.You will need to offer a current I&E with your application and a proposed first monthly payment.

 

Spoke to court today have they a clue what they are doing?was told to fill n56 in about being self employed and not to bother with I and e bit as it dosnt count in my case.

[AndyOrch]

Ok I was not aware that you could suspend the order using N56

 

 

Form N56 (Form for Replying to an Attachment of Earnings Application) requires the judgment debtor to provide details of his or her employment, income, expenditure, savings, other debts and so on, together with an offer of payment to be deducted from his or her pay.

 

If the judgment debtor returns a completed form N56 to the court, a court officer will, if there is sufficient information to do so

 

make an attachment of earnings order without a hearing

send the order to the judgment debtor’s employer

send copies of the order and form N56 to both parties.

If the N56 does not give sufficient information for the court officer to make an attachment of earnings order, the matter will be referred to the district judge who will either

 

determine the application and make an order or

list the case for hearing.

Debtor asks for suspended order

The form N56 also provides for the judgment debtor to ask that the AEO be suspended on promise that they will pay voluntarily without their employer being ordered to make deductions from pay. The judgment debtor has to provide a valid reason for the application to suspend.

 

Judgment debtor fails to return form N56

If the judgment debtor fails to return form N56 the court will serve him or her personally with form N61 (Order for Production of Statement of Means). The judgment debtor must ensure that the statement of means reaches the court office within 8 days of receipt of the order, or pay in full.

 

If the judgment debtor still fails to return form N56, or to pay, the court will serve him or her personally with form N63 (Failure to provide Statement of Means). This orders the judgment debtor to attend court at an appointed time to give good reason why he or she should not be sent to prison for 14 days or fined up to £250. The N63 also advises that if the debt is paid in full or the statement of means is returned to the court immediately, the judgment debtor may not have to attend the court.

 

If the failure continues the court will make an order for the judgment debtor to be arrested and brought before the court.

 

The court takes all these actions without any need for action by you.

[stoddy34]

Cheers once again Andy,im going to fill in the I+E even thou he said I didn't have to just to be on the safe side going of what you posted,he also said I can include a letter as to why I didn't respond which was because their solicitor never acted on the CPR request,might help my case and lose some costs

[stoddy34]

update had letter from court today saying that the AtoE has been cancelled due to me being selfemployed,not heard from welcome yet in responce to my sar request

[AndyOrch]

update had letter from court today saying that the AtoE has been cancelled due to me being selfemployed,not heard from welcome yet in responce to my sar request

 

Excellent Stoddy

 

Keep your thread updated if anything transpires.

 

Regards

 

Andy

[stoddy34]

Excellent Stoddy

 

Keep your thread updated if anything transpires.

 

Regards

 

Andy

 

Will do Andy,I'd have been lost without the help iv had from yourself and others on here many thanks