Attachment of earnings order

[happy200666]

Hi,

I have an old debt with mbna which they took out a ccj against me, i did not fight it.

 

About 2 years ago they took out a charging order against my house and again i didnt fight it as i didnt think i could.

 

On advice from friends i ignored all letters as i was told they would never try and make me sell the house as i am in poor health and care for someone who has learning problems.

The debt is just over £5000.

 

Last week i got an attachment of earnings order from the court with threats of arrest if i didnt fill it in and send back.

 

I work full time but dont earn very much and have no money left over each month.

 

I didnt think they would be able to force me to pay which is why i just blanked out the whole matter

and it came as a shock they can get money taken from my wages each month.

 

What do i do next?

 

Do i fill out the order?

 

do i include a note about my poor health and that i care for someone who is on dissialitby living aid?

[Conniff]

An aoe is a legal document. You can ask the court not to make, (suspended), attachment of earnings order if you can come to some other arrangement to pay.

[citizenB]

http://www.adviceguide.org.uk/wales/debt_w/debt_action_your_creditor_can_take_e/creditor_takes_money_from_your_wages.htm

 

The above link is to the Citizen Advice Bureau fact sheet on Attachment of Earnings.

[citizenB]

http://www.hmrc.gov.uk/manuals/dmbmanual/dmbm667550.htm

 

This one is from HMRC - a certain proportion of your earnings is protected (in order for you to live) this link gives you some information regarding that.

[citizenB]

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=22_attachment_of_earnings_in_the_county_court

 

This is the National Debtline fact sheet on Attachment of Earnings.

 

This one and the CAB link are quite informative. You might also want to telephone Nat Debt line in order for them to help you produce a Common Financial Statement, which you would also need to submit to the court.

[happy200666]

Sorry to bring back this thread but i thought it was all sorted but things have gone wrong.

 

To cut a long story short the court ordred me to pay an amount which i could not afford because i made a mistake with the forms they sent me.

 

I got the chance to go to court and put my case to them and the amount i offered each month was accepted

and it was agreed that i would pay direct to the claimant and not be deducted from my wages as it could effect my employment.

 

I came straight home and phoned the claimant and told them what had happened at court

and that they would be happy to set up a payment plan for the amount agreed by the court.

 

I made my first payment on the phone using a debit card which went through ok as it shows on my bank statement and they also gave me a transaction code.

 

I later got a letter from them including a standing order form saying that the first payment is due on 01/09/2013

which was correct as i had made the August payment by debit card.

 

Today i got a letter from the centralised attachment of earnings payment system (CAPS)

saying this is a copy of an attachment of earnings order sent to your employer with all the details of what to deduct and when and was dated 06/08/2013.

 

I phoned them but was just told to contact the court which was dealing with the case.

 

I have been trying to contact them but the phone lines close at 2pm and a message tells me i can contact Northampton county court if it is urgent.

Been trying that too but nobody picks up the call and just rings.

 

Tried to contact the claimant (Optimal legal) who took the first payment and sent forms for standing order

but they could not put me through but would call me back.

 

They left a message because i missed their call as was trying to call court

but phoned straight back only to be told their office is now closed until the morning.

 

I went through all this so i could keep the order from going to my employer

and even though i am up to date with payment with the next payment not due until the 01/09/2013

they have sent the order to my employer and i belive it will affect my job.

It seems that whatever i do now the damage has been done and i do not know where to go from here.

 

If anyone could give me some advice on this i would be very grateful.

Many thanks.

[dx100uk]

it puzzles me WHY you are having to pay anything on a charging order?

 

that get settled when you sell the property.

dx

[citizenB]

it puzzles me WHY you are having to pay anything on a charging order?

 

that get settled when you sell the property.

dx

 

I think you will find that some companies aren't prepared to wait until the "debtor" sells their property, DX.

 

There was similar occurrence a while back - I will try and find the thread to see what happened.

[citizenB]

Here you go

 

 

 

 

http://www.justice.gov.uk/downloads/courts/centralised-attachment-earnings-payment/ae_e0507.pdf

 

 

He needs to suspend the order CB but he must still complete it within the 8 days guidelines.

[happy200666]

Many thanks for taking the time to read the post and for your replies.

 

After spending all morning on the phone Friday it is clear that the claimant had not reported non payment as i was first told by CAPS.

 

What had happened was that a county court clerk had put into the computer a wrong code and is a mistake by the court.

To be fair they admitted the mistake right away and told me how to go about making a complaint and that they would send a letter out that day to my employer to say that it was a mistake.

 

I did find another thread on this forum where the same sort of thing happened and there were links to download complaint forms which i have printed out and will follow through with a complaint.

The damage has been done and i have no way of undoing the damage as the letter has gone out to my employers but i will go through with the complaint in case it would help stop this happening to anyone else.

 

We all make mistakes which is why most of use are here on these forums and most of the time we end up paying for our mistakes but its a bitter pill to swallow when you pay for the mistakes by others.

 

Just to point out that the order was SUSPENDED.

 

MY biggest mistake was not fighting the charging order as like others i just though that the claimant would be happy with that and would not push hard for payment.

I was only ordered to make a small monthly payment which is going to take about 20 years to pay off and i have no plans in moving any time soon so the way i see it is they have not gained that much by pushing it.

 

Do you think with the time scale i have been given to pay off the debt that it is worth offering them a final settlement and if so what % do you think i should offer.

 

I will update when i get a reply from the complaint form

 

Thank-you for your replies.

[citizenB]

I think if there is a Judgment order, then it might be difficult to obtain a settlement figure

 

They also have a charge on your property, so unless you are repossessed or enter bankruptcy they are pretty much guaranteed their money.

 

I am pleased you found the other thread, I was unable to locate it!