unknown Arrows/restons CCJ - Now N56 Statement of Means

[scarydays]

I have completed an N56 Statement of means form for a debt in my name.

 

I have a letter from Restons stating that they note I am married but have detailed no income for my spouse and to fully assess my offer of repayment they need to have sight of the whole household income. Is this true?

 

The debt has nothing to do with my husband.

 

I should also note that the court has thrown this out as I am self employed, earning little or no income.

[dx100uk]

Have you a running thread on the full story already?

Rectums will always try it on

Did you lose the claim then?

[AndyOrch]

Thread moved to Financial Legal Issues.

 

Yes you must list the household income in total ...but only yours is taken into account on the final calculation.

 

Regards

 

Andy

[scarydays]

Thank you Andy.

 

I have no previous thread on this as I had no knowledge of it.

 

The claim is for Arrow Global?

Apparently I had a CCJ for this, which I was not aware of.

 

It dates back to 2009 apparently ,

I have nothing on my credit file, but obviously it would have disappeared by now.

 

I only moved house last year, and still have a redirection on the mail from my old house, but have never received any communication regarding this.

 

Out of the blue in early December I received an N56 from the court seeking an attachment of earning for a debt of just over £6,000.

 

It looked pretty scary as in, if you don't reply you could be arrested.

 

I replied, stating I was self employed, provided details of my income from my self employment and a note to say, I have no idea what this is about.

 

I then got a further communication from the court to say that as I was self employed there would be no further action from them.

 

I then received a letter from Restons over the Christmas period stating that if I don't supply them with my husbands income details they will apply to the court for enforcement by way of a Warrant of Control.

[AndyOrch]

Ah ...good job you explained so you have already done the N56 and as you are self employed...its useless.......under no circumstances must you reveal anything to Restons.

[scarydays]

OK - how should I reply to the current letter from Restons? If I don't reply they will apply for a Warrant of Control, which I don't want.

[dx100uk]

urm..outside of 6yrs?

they cant enforce it?

 

 

dx

[scarydays]

Hi DX - I think they can still enforce it if they have a CCJ? I don't think there is a time limit on it

[AndyOrch]

What Month from 2009 did they attain judgment ?

 

How much was the Judgment for ?

[scarydays]

I'll have to phone the court to check with them as I have no documentation on it whatsoever.

[scarydays]

OK called the court. The Judgement was granted by default in June 2010, by default, and for £6900.

 

How does this effect anything ? And what should I say to restons. They say in the letter they will apply for a warrant of control.

[AndyOrch]

Well its over 6 years since the judgment so if they wish to execute by way of a Warrant of Control they will have to make application with hearing (£255) to request permission and explain why they have left it for this long period to execute the judgment.

 

An action cannot be brought on any judgment after the expiry of 6 years from the date it became enforceable.

 

The term “action” only applies to the commencement of fresh proceedings on a judgment,

it does not include enforcement proceedings so, strictly speaking, for enforcement purposes and enforcement proceedings, no limitation period applies.

 

However, any delay in enforcement on the part of the judgment creditor will affect any award of interest as recoverable interest is limited to 6 years on a judgment that is executed after the expiry of the 6 year period.

 

Court permission is required to enforce a judgment debt that is more than 6 years old.

 

In a particular case of Warrants of Execution/Control, these must be renewed after 12 months if they have not been enforced.

 

Further, the court is entitled to take account of delay and enforcement when exercising its discretion to grant any Order sought.

 

Regards

 

Andy

[scarydays]

Thank you Andy.

That's a great explanation.

Really appreciate it.

 

How do you suggest I progress from here?

 

Should I contact Restons?

Make an offer to pay in instalments?

[dx100uk]

why?

 

 

I suggest you go read andy's reply again...carefully!!

[scarydays]

Just ignore it?

 

By ignore it, I meant ignore Restons, not Andy's response

[dx100uk]

I would

[AndyOrch]

Simply wait and see if they wish to pay £255 and make an application...the court will inform you if so.....otherwise...ignore them.

[scarydays]

OK fingers crossed

[seklof]

what happened?/?

[scarydays]

Haven’t heard from then since.

[dx100uk]

that's good!!