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Lowell/asset backdoor CCJ lloyds OD - Attachment of Earnings N56 - help


HartleyW
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Hi

 

I am new to this but just wondering if anyone could help.

 

My sister dropped a letter off that was posted in my name to my mums (we rarely see each other).

 

I have opened the letter that was addressed from HM Courts & Tribunals

'notice served by bailiffs'

it's from a overdraft with Lloyd TSB from years ago.

The letter was dated 5th Jan.

 

I have moved address so I have not been receiving any of the previous letters (if there were any).

 

Attached to the letter that states

'THE ORDER TELLS YOU WHAT TO DO TO AVOID BEING SENT TO PRISON'

 

there is a an attachment of earnings application

- it states I need to fill this is and offer a payment and if I don't want my employer to know then tick the box to voluntarily make payments.

On the back of this it states I need to take this letter and hand it in to the court office.

 

What do I do?!

 

I have done nothing but cry,

I have a 2yrs old that depends on me,

I work full time so I am unable to attend CAB

- I am too embarrassed to show this letter to work to get the time off.

 

There is a baliffs office number on this letter

do I ring this?

Edited by dx100uk
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Hold on with this one.

Welcome to CAG first off and do not worry. Keep strong because you will need a clear head to deal with this.

Tell us more about the debt. When is it from.

 

Who are the bailiffs? Please tell us more and we will help.

 

We could do with some help from you.

 

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**Fko-Filee**

Receptaculum Ignis

 

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Thank you so much for replying.

 

It says it's served by the county court bailiff,

the overdraft was with LLoyds TSB for £510.

 

If i remember rightly I opened the account in 2010/2011

but I haven't used that bank for around 5 years and the account was closed down.

 

Just to add the overdraft was around £300 from what I can remember so I'm not sure where this amount has come from ?

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£510 may include court costs too...

Might be worth ringing the bailiff to find out more info from him if he has it.

 

I think the rules differ for this as its a consumer debt so i think the Bailiff might NOT be able to seize belongings, but dont quote me on that one.

 

Others will beable to help. IF you need time of work, you are not obliged to show the form saying you have a CCJ in order to get time off to CAB.

 

Without giving me too much info, where abouts are you based in the UK?

 

We could do with some help from you.

 

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Receptaculum Ignis

 

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Right - This may help...

 

 

As for what to say to work, you dont need to give a reason for leave. You also have a 2 year old to cater for - Remember that as Im sure work will understand :)

 

However i would like to know, do we know who it was who purchased said OD debt and who bought legal action...

 

I suspect Cabot and co... (Collection Agency) also do you have a scanner or officelens? Can you post up a copy of the letter minus personal details?

Edited by Andyorch
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We could do with some help from you.

 

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Attached to the letter that states 'THE ORDER TELLS YOU WHAT TO DO TO AVOID BEING SENT TO PRISON
not re an overdraft/loan/credit card... debt :)

(poss a misleading statement by them)

you need to find out exactly what it relates to first.

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whats the actual order they refer to?

what are the details of the judgment.

usually, the only unpaid debt that could eventually (rarely) attract prison is re council tax.

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How are you sure?

 

:)

i'm sure, if it is re what you say it is.

cant be sent to prison simply re non payment of an overdraft ccj.

if you dont believe Ford...googly it. or consult a solicitor. for your own reassurance.

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Hi Hartley

 

Is the form you have an N56 ?

 

Regards

 

Andy

We could do with some help from you.

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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You just have to offer the claimant obtaining the CCJ an amount you can afford as a regular payment and then this attachment to earnings is not relevant. The County Court bailiff will tell you how to do this if you are not sure.

 

In regard to the debt amount, you should think about getting copy statements from Lloyds to examine whether you have a case for claiming back excess charges. You never know, you might be able to get a sum refunded, which you can use to pay off this debt.

We could do with some help from you.

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Just to add that if you refuse to fill the Form in and return it within a specified timescale you can be held to be in Contempt of Court and therefore imprisoned. You must act on this. The County Court Bailiff is usually very approachable.

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Simply complete the N56 and submit it within the time stated (8 days of receipt) or you can suspend the application and contact the creditor direct to agree a monthly payment..if you prefer your employer has no knowledge.

 

I take it you are in employment?

 

 

Andy

We could do with some help from you.

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