attachment of earnings and self employment

[Santos L Helper]

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

[caro]

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.

[Santos L Helper]

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?

[caro]

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.

[AndyOrch]

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

[steampowered]

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.

[AndyOrch]

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?