very old B+B mortgage shortfall CCJ - order to attend court - help!

[dx100uk]

ok well mine was years ago there you go.

more upto date info

[unclebulgaria67]

Think this changed when Government decided to make people pay various court charges.

If you want a Judge to look at anything, then it costs more.

The court staff are cheaper.

 

But the important think to remember is that the information provided to a court is still required to be accurate and the claimant has been made an offer based on accurate information.

 

If the claimant decides to pay more court fees to get a Judge to look at it, then i can't see that anything changes.

 

Even if they got an attachment to earnings, it might be only for the same amount as offered.

And it would take quite awhile to even make up for the court fees and costs incured, so pretty pointless.

[divadeb]

All I know is everytime they take me to court or actually do anything they add it to my outstanding amount, so my bill is getting bigger.....it sucks.

So like i have been told to do I will not speak to them on the phone and just wait for their next move and deal with it when it happens.

[divadeb]

UPDATE........ so after doing nothing and not contacting Bradford and Bingley they have gone and got a CAPS against my ex hubby for £35 per week.....GUTTED TO SAY THE LEAST.

GAME OVER !!!!!!

[dx100uk]

whats a CAPS?

[AndyOrch]

whats a CAPS?

 

The Centralised Attachment of Earnings Payments (CAPS) office

 

https://www.gov.uk/debt-deductions-from-employee-pay/making-payments

[Ell-enn]

UPDATE........ so after doing nothing and not contacting Bradford and Bingley they have gone and got a CAPS against my ex hubby for £35 per week.....GUTTED TO SAY THE LEAST.

GAME OVER !!!!!!

 

 

 

 

 

So did you not get any paperwork regarding the application for an attachment of earnings ? you should have received notification of their application with a form to return

[divadeb]

Never got any paperwork .......

Apparantly when we went to the financial interview in August it was to see how much we could offer to pay.

 

They never excepted our offer so they enforced the money order they obtained years ago.

 

First we knew about it was when my ex got to work this morning and they had the paperwork........ I'm gutted

[unclebulgaria67]

As you were both on the mortage, if one person cannot make payments the claimant is happy with, then they have gone after the other person.

 

They might still want the regular payment amount you offered as well and then you will both be making payments over a long period, which will be subject to periodic review.

 

Without reading back the whole thread, i did not understand how they managed to still enforce the CCJ more than 6 years later without having applied to the court until more than 6 years had passed without enforcement. This is from memory.

 

Think you have been unlucky, as i can't believe they follow up on all debts as thoroughly as they have with yours.

[divadeb]

I now wish I had contacted them instead of ignoring them, they might have accepted a lower amount every month. My ex is now lumbered with paying this until he retires in 12 years time, then god only knows what will happen.

As a last ditch attempt to turn the tables on B&B I'm going to find all my SAR papers from them as I'm sure there was PPi on the mortgage. Don't know if it's will count though as the mortgage was taken out in the late 80's.

[divadeb]

I am now feeling the lowest I have ever felt

[unclebulgaria67]

You can look into PPI and claim back. But don't delay.

[divadeb]

Would I have to make a new thread in the PPI forum asking for help and advice on possibly claiming, thanks.

[dx100uk]

yes please

[divadeb]

Just thought I would share this information with you.

 

I have spoken to the court about the AOE order my ex has been served with and I apparently never got any paperwork regarding this because a CCJ was obtained against us in 2006 and as its a mortgage debt it is enforceable for 12 years.

 

I was led to believe it had to be applied for again after 6 years, this is only correct if its any other debt.

 

The lady at the court said B&B applied to have this enforced in October and it went straight ahead has an order was already in place,

she also said that out of curtesy I should have been informed it was been enforced.

[dx100uk]

urm..didn't think shortfall CCJ were covered by the mortgage 12yrs rule?

oh well live and learn

[unclebulgaria67]

Having looked around, this Solicitors article offers the clearest explanation about enforcement of a CCJ after more than 6 years.

 

https://www.warnergoodman.co.uk/news/a-fool-and-his-money-are-soon-partedor-are-they

 

From what i have read, there are an increasing number of applications to enforce CCJ's after 6 years and provided the claimant completes their application properly with all of the information required, they may well be successful.

[dx100uk]

but ofcourse they'll say that

 

they are a debt collection solicitor!

[AndyOrch]

Just thought I would share this information with you.

 

I have spoken to the court about the AOE order my ex has been served with and I apparently never got any paperwork regarding this because a CCJ was obtained against us in 2006 and as its a mortgage debt it is enforceable for 12 years.

 

I was led to believe it had to be applied for again after 6 years, this is only correct if its any other debt.

 

The lady at the court said B&B applied to have this enforced in October and it went straight ahead has an order was already in place,

she also said that out of curtesy I should have been informed it was been enforced.

 

All irrelevant...an Attachment of Earnings is a further stage of execution and you must be served with notice that they have applied for one and allow you to respond so you can submit your I&E.

 

N55 and N56

 

http://wbus.westlaw.co.uk/forms/pdf/cpf02141.pdf

 

http://www.jordanpublishing.co.uk/system/uploads/attachments/0002/2183/n56_e.pdf

[dx100uk]

[divadeb]

Andyorch........

My ex and myself had to attend an interview in August at court and apparantly this was to find out our financial situation so they could execute the AOE.......

 

We filled out a very thorough I&E provided by Bradford and Bingley.

 

We have had no letters from anyone apart from the last letter in September telling us they had not accepted our offer of £20 per month.

 

I rang Bradford and Bingley yesterday and the guy I spoke to has lodged a complaint on my behalf and he agreed I should have had some sort on letter regarding the AOE.

 

I am also going to put in writing the complaint,

 

any advice and input would be helpful as to word this letter.

 

Thanks.

[AndyOrch]

Andyorch........ My ex and myself had to attend an interview in August at court and apparantly this was to find out our financial situation so they could execute the AOE....... We filled out a very thorough I&E provided by Bradford and Bingley. We have had no letters from anyone apart from the last letter in September telling us they had not accepted our offer of £20 per month. I rang Bradford and Bingley yesterday and the guy I spoke to has lodged a complaint on my behalf and he agreed I should have had some sort on letter regarding the AOE.

I am also going to put in writing the complaint, any advice and input would be helpful as to word this letter. Thanks.

 

Yes Im already aware and answered in my posts #178 and #212 the process.

 

But I am referring to the 2 forms I have posted in #244 have you ever received them ?

 

The court as already confirmed my points in your recent responses ....." She also said that out of courtesy I should have been informed it was been enforced."

 

and your last post.....

 

" I rang Bradford and Bingley yesterday and the guy I spoke to has lodged a complaint on my behalf and he agreed I should have had some sort on letter regarding the AOE. "

 

The reality is that a third party has helped itself to your bank account without your agreement or consent.....even Courts and Judges must follow the legal process.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/art-89-attachment-of-earnings

 

 

Andy

[divadeb]

I have not receieived the forms you have posted about.

 

I have been at this address for 17 years and nothing like that has come here.

 

I am very disturbed to know that a third party can access my bank account, how is this possible?

 

Would the bank not have contacted me? I'm confused now.

 

I have gone through the SAR from B&B and the shortfall they have chased me for was just over £22k but over the last few years it's now £35k......more confused.

[AndyOrch]

So the pivotal question is....why was you not served the N55 and the N56 for your completion and agreement ?

[AndyOrch]

By third party I was referring to the claimant taking from source (income/employer)...not directly from your bank account......but its the same result.