Attachment of earnings and order on property.

[Ambulanceman]

They seem to have taken a totally wrong attitude to what amounts to disposable income, they cannot demand that you pay more than you can reasonably afford without causing undue hardship, which quite clearly is the case here.Make sure you mention that you will not be able to pay debts already on dmp if this does not change.

 

I will keep it simple in the letter as I think I will get an hearing and be asked to fully explain my situation. The letter arrived 9 days leaving me 5 days to reply. No reason for not suspending the AoE and no information as to what I can do to appeal the order.

[BRIGADIER2JCS]

Good luck please keep us posted.

[Ambulanceman]

Will do and thanks V much.

[Ambulanceman]

very confusing situation !! I have just found out from the Solicitor acting for the creditor that I was successful in having the AoE suspended. But I never received any information about this from Dartford County Court they just sent a copy of the AoE stating they were going to order my employer to deduct the £140 per month from my salary.

 

God it just seems like these people are creating the problems as if I had not of emailed the solicitor I would have not known the AoE was suspended and would have then been taken back to court in breach - simply for not knowing.

 

How disappointing, the court is creating problems on top of problems one is trying to resolve. ?? question is can I complain about the court administration.

[BRIGADIER2JCS]

very strange, perhaps the judge refused the order on the grounds that was to high and that payments (affordable) were offered.?

 

Yes you can complain to the court manager about not being informed.

[AndyOrch]

http://www.ombudsman.org.uk/improving-public-service/reports-and-consultations/reports/health/improving-public-service-a-matter-of-principle/17

 

Regards

 

Andy:wink:

[Ambulanceman]

An update : I received a letter from the court about 14 days ago that they the court has revoked the AoE.

 

1. The AoE made on the 14th December 2012 is revoked.

2. The district judge will re-consider the application once the court has recalculated available earnings.

3. The court has made this order of its own initiative you are entitled to apply to have this orderser aside, varied or stayed but must do so in 7 days.

 

I have not heard since but just checked my wage slip and £140 has been deducted with £1 costs.

 

In with this letter is another letter which is nothing to do with me and has a different case number advising someone with a name not mine that an N63 from was issued and sent to this person.........?? Nothing to do with me and must have been slipped in by the court in mistake.

[Ambulanceman]

That will be one Mortgage payment missed, Already showed a budget showing we have £110 left for the month after bills mortgage and travel to work expenses.

The court writes to me and states the AoE is revoked as they will re-calculate and then the money is taken out from my salary. I can only think of going bankrupt and miss a mortgage payment or two to get us over this next period is the only choice I have left. ?

[Ambulanceman]

The solicitor who applied for the AoE has said there has been a mistake made by the Enforcement officer at the court. The AoE was revoked by a district judge but the court took the money and has not written to me. They did not write to me and explain why they did not suspend the AoE. I have no choice but to declare myself bankrupt now due to this.