DCA AEO for old blackhorse loan

[lanesra14]

Hi all,

 

I recently received a CCJ on an old loan from Blackhorse from around 2008.

I have now received an Notice for attachment of earnings order

which I must respond to in the next few days.

 

As my financial circumstances are a little better than before,

I intend to make an offer to voluntarily pay off the amount (£3700)

without my employer being ordered to make deductions from my pay.

 

I understand I need to ask for a suspended order and attach my latest payslip.

 

My questions are:

 

1. How to I go about applying for the suspended order? what forms and supporting documents do I use?

 

2. What is a reasonable time/amount that I can offer to pay off the debt in?

Would £100 per month over 37 months be reasonable for example?

Or will they expect a shorter time?

 

3. Will I need to attend court?

 

Any advice in this matter will be greatly appreciated.

 

With regards

[Bazooka Boo]

If you've received a CCJ, then this will have already have been in court, is this the case?

 

If you didn't attend court, then the judgement would have been made by default, and the time in which to have requested a payment plan will have gone.

 

It now depends on what the judge has ordered you to pay, and how to pay it.

 

The AOE is the judges decision on how you are to pay this back.

 

Were you aware that they had issued you with a claim?

[renegadeimp]

Can you give some background of this debt? When was the last payment/written acknowledgement by you. Not just to the account. What date were the court papers issued?

 

Who issued the claim? BH or a DCA and their rent-a-sols?

[AndyOrch]

You can ask for the court not to make an attachment of earnings order if your creditor will agree to a new payment plan to pay back what you owe.

 

This is called asking for a suspended attachment of earnings order.

 

You can ask for a suspended attachment of earnings order by ticking a box on form N56 and giving your reasons.

 

If the court accepts your reasons for suspending the attachment of earnings order, the court won't start taking money directly out of your wages unless you don't keep up the repayments you've agreed to.

 

Regards

 

Andy

[lanesra14]

Thanks for the responses.

 

The CCJ was sought by solicitors on behalf of a DCA.

 

I can make an offer based what we can afford which is £100 per month,

 

reason being we can now afford to make the payments since i got a raise not too long ago.

 

I just wonder if the solicitors can just refuse our offer and persue the Attachment order,

 

or does the court decide if our offer is reasonable?

[AndyOrch]

If your offer of payment is roughly the same as would be deducted via the AoE..I cant see any reason the Claimant would not agree...you only have 8 days to to return the N56 so you need to act quickly get an agreement in place and then suspend the AoE.

[lanesra14]

Have sent off the N56 form with the offer and ticked the application to suspend box

and stated the reason being the recent increase in pay with income and expenses

completed to show a little left over money to put towards the offer.

attached payslip and now we're hoping for the best.

Will update when we hear back.

 

Many thanks for the advice as always.

[AndyOrch]

You need to approach the creditor in the meantime and get an agreed direct payment in place......otherwise they will just pursue the AoE