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Hoist/cohen judgement HSBC debt - want AEO


Hobbs123
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You cant goto prison for consumer debt!!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi Hobbs

 

If you look closely at the N56 ...at point 10 tick the " I wish to suspend the order because " box and state you have submitted an N245 application to Court xxxxxx date xxxxxx the application is currently being processed.

 

 

Regards

 

Andy

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Thanks Andy, didn't see that, and can I leave the remainder of the form blank ?

 

I would :-)

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  • 2 weeks later...

Yesterday we received a letter which say so:

This claim has been transferred to the county court at Guildford for enforcement.

 

This case has been transferred to the debtor's local court court for continuation of the attachment of earning application because the debtor did not file the N56 within the specified time.

The receiving court will arrange for the bailiff to serve N61. The attachment of earnings will continue at the receiving court and you will receive progress reports at each stage.

 

 

We signed and dated the forms 28/9, they returned it saying it was incomplete as we didn't add any figures just the statement that N245 had been submitted to them, we completed it in full and resent it and it was signed for on 6/10. I believe we met the 8 day deadline, please help, what should we do and what does this mean will happen now ?

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The N61 is an order to complete a statement of earnings (N56) you have 8 days from the day it is served on you to return it -

 

http://wbus.westlaw.co.uk/forms/pdf/cpf02146.pdf

 

Have you checked what status your N245 application is at Hobbs ?

We could do with some help from you.

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Ring the court you sent it to and ask ?

We could do with some help from you.

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Inform the court that you have now received N61 yet you returned the N56 in time informing them of your pending application.

We could do with some help from you.

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Inform the court that you have now received N61 yet you returned the N56 in time informing them of your pending application.

 

As I suspected they won't speak with me, they say I have to get my BF to call and give permission for them to discuss with me. They did say the case has gone to Guildford, however would not answer my query about the N245 application or N56 arriving on time........ Not sure what to do as my BF can't make the 31 calls I made to get through during work, any suggestions ?

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Not much you can do apart from wait for the Bailiff to serve the N61...complete it in full this time....attach a further copy of the completed N56 and N245 and serve it on Guildford

We could do with some help from you.

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Yesterday we received a suspended AOE (N64) from Basildon county court, no N61 has arrived as Andy had thought. It says we can object and must do so within 16 days of the post mark date (14th), do you recommend we do this ? Is there a specific format I should follow in writing to the court ? Please point me in the right direction.

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Why would you want to object..its been suspended ? :wink:

 

Does the N64 state any payment details Hobbs ?

We could do with some help from you.

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Yes it reads:

The court has made an attachment of order in the case. If it is served on the judgements debtors employer it will require him to deduct £76.50 per month from the judgement debtors earnings and send it to the court until £3632.39 the amount payable under the judgement or order, together with any interest (where judgement is for more than £5000 or includes a sum in respect of contractural or late payment interest, the judgement creditor may be entitled to further interest) has been paid, but not so as to reduce the judgement debtors net pay below £1145.76 per month.

 

The Court Orders that the attachment of earnings order be suspended and not enforced so long as the judgement debtor punctually pays the judgement creditor instalments of £76.50 for every month, the first instalment to reach the judgement creditor by 30th November 2016 until the sum of £3632.39 referred to above has been paid.

 

The court further orders that the service of attachment of earnings order on the employer be deferred accordingly.

 

Dated 14th October 2016

 

If you (either the judgement creditor or the judgement debtor) object to the terms contained in this order, you must write to the court with your reasons. You have 16 days from the date of the postmark to do this. A hearing will be arranged and both parties will be told when to come to court.

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Okay so now back to your n245 application...have you checked were that is up to?

 

You will object to the amounts set and your reason is your application n245.

We could do with some help from you.

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I have just got my BF to send an email to give permission for them to speak with me as he cannot call during working hours, I will call tomorrow to follow up, hopefully they will speak with me this time. Should we send off the objection tomorrow anyway ? Shall I draft a letter for you to look it over or is there one in your library I can utilise ?

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Yes please...as I assume £76 per month is not acceptable (not sure which planet Courts and district judges are on sometimes) I appreciate the amount is set by the Judgment claimant but they obviously sanction it.

We could do with some help from you.

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They definitely are on another planet........ Will this be ok ? Should I mention we never received the original paperwork for the claim and therefore have not been given an opportunity to defend it ?

 

Dear Court Manager

 

Case Number:********

 

I am writing to object to the Suspended Attachment of Earnings Order I received 15th October 2016.

 

My reasons for objecting are:

 

1. I have previously submitted an N245 (copy enclosed) which was delivered by signed for post on 27th September 2016 and therefore should be in progress. I also completed N56 and returned as requested (copy enclosed).

2. The amount of £76.50 per month I am unable to pay which is detailed on my N245 and N56

 

I understand I may have to attend a hearing with the judgement creditor in order for the above to be reviewed.

 

Kind regards

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No need to mention anything about not receiving...this is not about setting a side the CCJ but setting affordable payment.

 

The above is fine.

 

Andy

We could do with some help from you.

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Trying to find out the status of the N245 is proving very challenging ! I am being told the figures on the N56 have been taken into account for the calculations on the suspended AOE ! I have sent objection letter today so I guess we just have to wait now....... Will keep you posted 😊

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We have come home today to two seperate pieces of mail, we are a bit confused.

 

The first is an identical copy of the N64 (suspended AOE) we received previously which we already replied to, it even has the same date on,

 

at the top it says it's from Basildon county court but has a Salford returns address on the back of the envelope!

 

The second is a letter from Basildon county court, am I right that this means we now wait for a court hearing date ?

 

The letter reads:

 

Before District Judge Humphreys sitting at the County Court at Basildon......... (Address details)

 

Upon reading a letter from the defendant

IT IS ORDERED THAT

Pursuant to CPR23.3(2)(b), this letter is deemed to be an application for review, and be listed for hearing.

Dated 20 October 2016

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Correct.....

 

Upon reading a letter from the defendant

IT IS ORDERED THAT

Pursuant to CPR23.3(2)(b), this letter is deemed to be an application for review, and be listed for hearing.

Dated 20 October 2016

 

A hearing that you must attend.

 

Andy

We could do with some help from you.

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  • 3 months later...

We have a date at last ! 24th February for a 10 minute hearing........ Never done this before, sounds like it will be very short and sweet, a hint of what to expect would settle my nerves and any advice gratefully received :oops:

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It sounds like a CMC (Case Management conference)...the Judge will review so far and issue Directions...hopefully on your N245 application on how it will proceed...nothing to worry about and quite enjoyable...it will give you a feel of the set up.

 

Andy

We could do with some help from you.

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