Suspended Attachment of Earnings order

[izools]

Hi All!

 

Wondering if you can help. A friend of mine recently received a "Suspended attachment of earnings" order which an old creditor he had forgotten about obtained in his absence at an address he has not resided at for a year now. He has never seen sight of any paperwork until after the judgement was obtained and the solicitors ran a trace finding his current location.

 

Obviously he would like to apply for this to be set aside due to his never having sight of the court summons or other pre-court papers from the creditor and their solicitor.

 

I've had a look around and seen that there's a chance (but not particularly massive one) that this could be grounds for the order to be set aside, but I've been trying to search / navigate this site to find thorough details / letter templates / guidance / etc but it's all a minefield to me and can't find what I'm looking for... probably doesn't help that I'm not entirely sure what I'm looking for...

 

Any advice as how best to proceed?

 

Thanks in advance

[izools]

... Just done a bit more research and I would say that perhaps the best way to approach this is write to the court stating "I" wish to apply for the judgement to be set aside on the grounds that:

 

"I" had been unaware of the proceedings due to the creditor not corresponding with me at my current residence

"I" have a real defense and potential success in winning the case as I have no recollection of said alleged debt existing and believe that no valid agreement under S 78(1) of the consumer credit act exists, and that S.87 was not followed in sending a default notice prior to termination of the account / commencement of action.

 

You think that'd do?

[Andyorch]

How old is the judgment izools?

 

Andy

[izools]

I haven't had sight of it yet, I'm going to see my friend on Thursday to give him a hand but from what he said it is recent as apparently he has until 16th June to respond?

 

I think they mean if he doesn't make contact by 16th June the will "un-suspend" the AOE order? Would that make the order less than 30 days old perhaps issued on 16th May?

 

Will know for sure on Thursday but that's what I'm assuming for now

[Gaston Grimsdyke]

That defence won't work - it's pure speculation. How does your friend know no s87 notice was sent? Not receiving it, or not remembering receiving it, is not relevant. Why does your friend think there is no valid agreement?

[izools]

That defence won't work - it's pure speculation. How does your friend know no s87 notice was sent? Not receiving it, or not remembering receiving it, is not relevant. Why does your friend think there is no valid agreement?

 

The money was provided by the lender as a sort of internal consolidation loan... He had another loan , big overdraft, and credit card that I think we're slightly in Arrears or similar so they closed his cc, removed his od, and put it in one place but no contracts exchanged hands when this happened.

 

Surely the lender have an obligation to prove s.87 was followed and that a valid, correctly executed agreement exists? If not, what would you recommend as a defence?

 

Any suggestions welcome