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    • Thanks for that. I will give them till Tuesday. Thanks for your help, very much appreciated. 
    • Ok thanks for that, well spotted and all duly noted. Yes they did eventually submit those docs to me after a second letter advising them I was contacting the ICO to make a formal complaint for failing to comply with an earlier SAR that they brushed off as an "administrative error" or something. When I sent the letter telling them I was in contact with the information commissioner to lodge the complaint, the original PCN etc quickly followed along with their excuse!
    • its not about the migrants .. Barrister Helena Kennedy warns that the Conservatives will use their victory over Rwanda to dismantle the law that protects our human rights here in the UK.   Angela Rayner made fun of Rishi Sunak’s height in a fiery exchange at Prime Minister’s Questions, which prompted Joe Murphy to ask: just how low will Labour go? .. well .. not as low as sunak 
    • From #38 where you wrote the following, all in the 3rd person so we don't know which party is you. When you sy it was your family home, was that before or after? " A FH split to create 2 Leasehold adjoining houses (terrace) FH remains under original ownership and 1 Leasehold house sold on 100y+ lease. . Freeholder resides in the other Leasehold house. The property was originally resided in as one house by Freeholder"
    • The property was our family home.  A fixed low rate btl/ development loan was given (last century!). It was derelict. Did it up/ was rented out for a while.  Then moved in/out over the years (mostly around school)  It was a mix of rental and family home. The ad-hoc rents covered the loan amply.  Nowadays  banks don't allow such a mix.  (I have written this before.) Problems started when the lease was extended and needed to re-mortgage to cover the expense.  Wanted another btl.  Got a tenant in situ. Was located elsewhere (work). A broker found a btl lender, they reneged.  Broker didn't find another btl loan.  The tenant was paying enough to cover the proposed annual btl mortgage in 4 months. The broker gave up trying to find another.  I ended up on a bridge and this disastrous path.  (I have raised previous issues about the broker) Not sure what you mean by 'split'.  The property was always leasehold with a separate freeholder  The freeholder eventually sold the fh to another entity by private agreement (the trust) but it's always been separate.  That's quite normal.  One can't merge titles - unless lease runs out/ is forfeited and new one is not created/ granted. The bridge lender had a special condition in loan offer - their own lawyer had to check title first.  Check that lease wasn't onerous and there was nothing that would affect good saleability.  The lawyer (that got sacked for dishonesty) signed off the loan on the basis the lease and title was good and clean.  The same law firm then tried to complain the lease clauses were onerous and the lease too short, even though the loan was to cover a 90y lease extension!! 
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attachment of earnings and self employment


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I have had a letter which claims to be from the court saying that if i dont fill it in (N55) and send it back they will send me to prison for 12 days.

 

Is this correct because i am sure the finance company cannot go for an attachment of earnings if you are self employed.

 

Also on the n55 form there is no court stamp and the back of the form has not been filled in by the court. Any advice would be appreciated.

 

Regards

 

Santos

Springfield

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You're right - there can't be an attachment of earnings if you're self employed. I take it there's a CCJ needs dealing with so if they can't apply for an AofE they are likely to look for another method to collect the debt.

 

I suggest that you return the form with a note explaining that you're self employed.

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Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thanks for the quick reply. If it does not have the court stamp/seal on it and it has not been signed (as to how it was issued) do you think it is a legitimate court letter or just the company fishing for details? Also, would they not have to check if I was employed before they applied for the AofE?

Springfield

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They have to apply to the court with this form but you can't refuse to complete it. Not sure how else they can get employment details. From what I've seen if the process they're following it correctly.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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This is the process that is applied...but only if you are in employment:-

 

http://www.ukdebtcollection.com/PDF/attachment_of_earnings.pdf

 

Regards

 

Andy

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If you are concerned about whether the form is genuine, simply give the court a call. The creditor probably does not realise your self-employed - and even so you still need to complete the form.

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If you are concerned about whether the form is genuine, simply give the court a call. The creditor probably does not realise your self-employed - and even so you still need to complete the form.

 

Thanks for the quick reply.[b] If it does not have the court stamp/seal on it [/b]and it has not been signed (as to how it was issued) do you think it is a legitimate court letter or just the company fishing for details? Also, would they not have to check if I was employed before they applied for the AofE?

 

You have the N55.....does it have the stamp seal on it?

We could do with some help from you.

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Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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