Cabot and cat Debt - Received a General Form of Judgment or Order

[munksey2001]

Hi there,

 

I have a catalogue debt which I stupidly did not pay and ignored and

 

it run up to £1586 now including all costs from solicitors.

 

It has been to court and is now registered as a CCJ

 

and now an attachment of earning I have received to complete within 4 days a return to Romford County Court or face up to 14 days in prison (Im a single mum with 2 children)

 

I have currently started a new job and have been working for last 2 months.

 

My son receives middle rate DLA which I have stated on the earnings form and have put an offer of £10 a week to pay

and also requesting them to not contact my new place of work as I do not want my new boss knowing about my financial difficulties.

 

I am panicking now as Ive completed it to the best of my knowledge

but scared they may come back with a stupid payment plan I wont be able to keep up with and

I will have to go to court and

 

haven't really got a clue what to do apart from give back the attachment of earnings form asap and pray they accept my offer??

 

I need some desperate help and advice

 

Many thanks

[Bailiff Advice]

Before addressing the proposed Attachment of Earnings are you sure that the form that you have received is for an Attachment? The reason that I ask is that the creditor (in this case the catalogue company) would be required to pay a rather hefty court fee for this application.

 

I am not sure whether you can post a copy on the forum (with of course personal information removed). If not, can you type the wording from the first few lines please.

[munksey2001]

Many thanks for getting back to me. It was sent from the court directly with a round stamp on the first document then the attachment of earnings form was behind it. I will get the first lines from the letter and post once I am at home.

[dx100uk]

cat companies don't do court

 

 

so this must be a DCA that got the CCJ against you?

 

 

dx

[AndyOrch]

Before addressing the proposed Attachment of Earnings are you sure that the form that you have received is for an Attachment? The reason that I ask is that the creditor (in this case the catalogue company) would be required to pay a rather hefty court fee for this application.

 

I am not sure whether you can post a copy on the forum (with of course personal information removed). If not, can you type the wording from the first few lines please.

 

The fee is only £100.....which is added to the judgment amount £1586.

 

Is it the N56 you have received munksey ?

 

Regards

 

Andy

[caledfwlch]

Your Son's DLA is not and should not be classed as Income, unless it is different for Income and Expenditure requests regarding CCJ's in Court, DLA is used to pay for support for your son, and is not means tested, and would normally not go into an I&E form

[ploddertom]

In many cases you list it as Income then balance it by claiming a similar amount in Expenditure.

[munksey2001]

Yes this is a N56 it says it in the corner of the bottom off the letter

 

I have I get around £1900 a month that is wages and all benefits including DLA. I have put on the balance sheet that I have around £190 spare income each month but worried they will see that amount and expect me to pay around tht amount each month

 

£190 left after ally expenditure each month

 

I presumed it is my catalogue because I have never had a bank loan or credit for the last 10 years only catalogues

[ploddertom]

Have you checked your Credit File to see who has a CCJ against you? Is there a chance it may have been statute barred before it went to Court?

[Bailiff Advice]

I have I basically get around £1900 a month tht is wages and all benefits including DLA. I have put on the balance sheet that I have around £190 spare income each month but worried they will see that amount and expect me to pay around tht amount each month

 

Have you returned the form showing this amount as surplus income?

[AndyOrch]

You must list all your benefits...DLA is not specifically listed on the form so it goes in " other " this will be offset against box 2 which you list your dependents.

 

" and also requesting them to not contact my new place of work as I do not want my new boss knowing about my financial difficulties. "

 

Once the order has been processed it will go to your employer (that's how the payments will be taken...from your salary) If you prefer your employer not be involved then complete box 10 and suspend the order......you then deal direct with the judgment creditor and make payments direct......but you will need to get the details first as you state you are unaware.

 

Judgment details are top right of the N56 ring the claimant direct.If you intend challenging the judgment ring Northampton and get details of the claim.

 

Regards

 

Andy

 

Thread moved to Financial Legal Issues.

[caledfwlch]

Is the £190 spare income achieved by including the DLA payment? Is it still £190 if you disregard the DLA? Your income should not be counted for DLA - what I think Ploddertom is saying is you put on the form the amount recieved in DLA, say it's £100 per week you receive, and you then under Expenditure put down that £100 as Costs/use of DLA to pay for your sons care needs, also it is not really yours, it is his payment.

 

DLA cannot be classed as income, and it cannot be taken into account for payment plans etc, the way they can do for things like Jobseekers Allowance.

[munksey2001]

Yes the £190 is spare income and that's calculating my income including my sons DLA minus all my outgoings. My son gets £220.40 every 4 weeks and I've included it as I was worried I would get in trouble if I did not declare it but I put it in other benefits and stated that it is DLA for my 3 year old son so I hope they understand that. I'm just concerned that they will not accept the £10 a week offer and ask for something like £50 which I just couldn't afford.

 

I have put my travelling costs which include all travel expenses to take my son to his therapy and all his good that he has which is a little more expensive due to his food tolerances etc but will they look at it and consider that my expenses are too high and then challenge it all? As much as I am a single parent on low income I don't smoke or drink and I do pay slightly higher for food as I but organic and only butchers meat for my family where I know where it's come from and a lot of produce from holland and Barrett but will they want me to break it all down for them and look at my outgoings and think they are not realistic?

 

Not 'good' I meant 'food'.....sorry

[munksey2001]

Hi there

 

I recently put an earning of attachment to my local county court for a debt I owe of £1586.80

 

I have now received a letter titled as above saying.....

 

It has been ordered that upon calculation of the debtors income and expenditure by a court officer the protected earnings rate as defined.........is found to exceed the debtors income

 

It is ordered that

 

The application for an attachment of earnings is dismissed

Within 14 days of service of the the order on them pursuant to CCR order 27 rule 7(6) either party may apply for the order to be reconsidered giving full reasons for there request. The written notice must be sent to the court and to the other party at the same time. Upon receipt of the request the court officer shall return the matter to the home court where a court officer shall fix a day for the hearing of the application and give to the parties not less then 2 days notice of the day so fixed

 

What do I have to do now?? Shouldn't appeal for a reconsideration of the earnings of attachment or not? I don't want to go to court I feel sick and it's making me feel so I'll thinking about it....what should I do and what exactly does this mean??

[citizenB]

Can you give us a little bit of history on the actual debt

 

I will try and find someone who has more knowledge for you.

 

I must admit I am a little confused. You say that YOU have applied for an attachment of earnings ?

 

It would normally be the company to whom you owe money that would apply for one of those ?

 

Why have you applied to have your salary garnisheed ?

 

Hi, did you complete form N56 in response to an AoE and this is the court rejecting your proposal?

[munksey2001]

No sorry

 

the company applied for an attachment of earnings

I completed it and returned it last Friday as I had only 8 days before I could face 14 days imprisonment as stated on the letter.

 

It's a catalogue debt from what I'm sure of as I do not have any loans or credit cards but realistically need to find out as Cabot Financial ltd are the ones who have taken me to court

 

The company being Cabot Financial Ltd.

 

Yes I complete an N56 and offered to pay £10 a week to pay off the debt....is this the court refusing my offer so what happens now as I have no saving I do not own anything apart from a car worth £1000 that's it

[citizenB]

Reading this again, the highlighted sentence says.. "The Application for the AoE is dismissed." IMHO, that seems to mean that the application for the AoE by the company has been dismissed ?

 

Are you able to remove any personal information, scan in and post up a copy of the Order itself, please ?

[panther12]

The protected earnings rate is the amount you must be left with to live on after any AoE have been taken. If your income is always going to leave you below the protected rate then the claimant can't go for an AoE which I think is what the court are saying therefore dismissed their AoE application.

[munksey2001]

I haven't got access to scan until Monday but I can confirm it says

 

'IT IS ORDERED THAT

1. The application for AoE order is dismissed

2. Within 14 days....... So from my understanding do I now have to wait to see if the claimant wants the AoE reconsidered?

 

If they don't apply for reconsideration how will they expect me to pay back the money I owe them?

Not sure if this is good need or bad need

 

*news.......

[BazzaS]

They can't take the £10 per week out of your earnings, involving your employer, before you even see the money.

 

Nothing is stopping you paying off £10 per week (IF you are able) if you want to. They just can't do it for you without you making the payment.

It also means your employer doesn't get involved.

 

That makes it good news, surely?

[citizenB]

I think perhaps now you just have to wait until you hear from the company (if at all).

As Bazza has said, there is nothing that prevents you from making the £10.00 payment - do you have online banking ? If so, you can set up a regular transfer for a specific date each month.

 

If this were me, then I would not agree to a direct debit.

 

It would appear that you either now submit a lower offer or deal directly with the claimant.