Received Application for Attachment of Earnings order for CCJ I was unaware of

[rune]

Hi,

 

I'm hoping someone can give me some advice on how to handle this latter.

 

This last week, I've recieved a Notice of Application for Attachment of Earnings Order.

 

It appears, Hillesden Securities Ltd obtained a CCJ against me back in 2011 without my knowledge.

 

 

I don't know what this debt is for and I've no recollection of receiving court papers for this CCJ

and therfore I was unable to submit a defence.

I was living at the address on the CCJ at the time (I am not any more).

 

I want to find out what this supposed debt is,

 

 

whether it has been properly executed and whether the CCJ is valid or if I have grounds to ask for it to be set aside.

 

I need to submit the N56 form promptly,

but how would I go about requesting that the court hold off issuing an order until I have ascertained whether I can get this CCJ set aside?

 

Having a Attachment of Earnings order may well affect my job.

 

Also, my partner is in receipt of DLA.

I note that the N56 asks if she earns a wage,

but appears to only ask about benefit and also expenses if they are mine.

Obviously, DLA is specifically paid to help cover the expenses of dealing with a disability,

so I don't wan't this included in calculations of income.

 

Your help would be greatly appreciated!

 

Thanks!

 

Further to this, it seems that:

 

The default amount was for £5872

The CCJ is for £6192

They want £6452.02 now

 

Can this be right?

[AndyOrch]

Thread moved to the appropriate forum.

 

Are you in full time employment rune?

 

Regards

 

Andy

[rune]

Thanks Andy

 

Yes, I am.

[AndyOrch]

If you intend to set it a side would you be able to offer a valid defence ? No point making application if there is no valid defence in the offing.

 

If you wish to proceed and set a side...

 

look at the N56 bottom right you will see an option to suspend it......you must still complete it but tick that box and state that you are making application to set a side.

 

Complete the N244 Application in conjunction to request a set a side......this may require a hearing which will require a fee.

 

 

The fee (hope your sat down) has just risen from £155 to £250..

 

Only make that application and suspend the N56 if you are sure you can successfully defend the claim.

 

Andy

[rune]

Thanks Andy.

 

Therein lies the problem.

 

 

I need some time to find out if this CCJ is legitimate.

 

 

I am not aware of a debt to Hillesden Securities so without more information,

I honestly don't know if I can offer a valid defence or not.

 

 

It does not seem right though and I really don't know how I managed to get a CCJ whilst living at the address listed on the CCJ

without ever seeing any paperwork, either before or after the claim.

[dx100uk]

ok so you need to narrow down what this debt is all about.

 

 

have you attained a copy of your credit file?

 

 

it might give you some clues or jog you memory

 

 

you say you have a copy of the CCJ?

 

 

dx

[rune]

HI dx100uk,

 

I don't have a copy of the CCJ.

 

I have looked at my credit file and it looks as if it may be an Alliance and Leicester (MBNA) credit card, taken out in 2006 and defaulted 2009.

 

rune

[AndyOrch]

HI dx100uk,

 

I don't have a copy of the CCJ.

 

I have looked at my credit file and it looks as if it may be an Alliance and Leicester (MBNA) credit card, taken out in 2006 and defaulted 2009.

 

rune

 

So does that ring any bells.......would you still wish to try to set a side and defend?

 

Andy

[rune]

Possibly Andy,

 

I now recall that I originally got a far as sending a SAR on this card years ago as I think it had PPI and / or excess charges applied to it that I was not happy with. I didn't take it further due to things that happened in my life at the time and I'd completely forgotten it even existed until now.

 

I'm not particularly happy with the idea of having to pay £250 for a set aside, but I'm also not happy with the final balance as I think it could be wrong. I would not be able to know this for sure though, unless I requested information from the original lender as I don't actually have the paperwork that was sent to me last time.

 

rune

[AndyOrch]

Nothing to stop you gathering information to establish the judgment debt and whether you could then possibly try to defend......just be wary that most set a sides need to be made promptly when judgment has been applied under the above circumstances.

 

Andy