Can a Attachment of Earnings be stopped

[cat10]

Hi

To cut a long story short.

 

 

I had a business that went bust.

One supplier managed to gain a CCJ against me 4 years ago.

 

 

The invoices were in my name and not the Ltd companies name, hence why i have the CCJ against me.

 

 

My problem is how long can the HCE officers chase the debt for.

 

 

I know that a CCJ lasts for 6 years after which it is removed from my credit file.

But what about the debt.

 

I have paid some monies towards it over the 4 year period,

but havn't paid anything for the last 6 months.

 

 

They don't know were i live as i moved from the property i was in.

 

 

I have spoken to the solicitor for the supplier about the debt and explained that it wud b easier to go bankrupt than try and pay it back, as the interest and costs are adding more to the debt than what i can afford to pay back.

 

The latest statement says they are charging me 29p per day for a walking possession,

 

 

i find this hard to believe as they started this in August as this was the last visit. I wasnt even living at the property at the time.

 

Quite happy to put the figures up as i do not trust what the costs are from the HCE firm.

 

Any help would be appreciated.

[BRIGADIER2JCS]

6 years after which if no enforcement action has been stated in 6 years the claimant must apply to the court to revive the claim, this is rarely granted unless there are very obvious and compelling reasons for allowing a restart.

 

For a debt to become statute barred there must be NO payment for 6 clear years and or no acknowledgment in writting.

 

All defaulted accounts are removed after 6 years paid or not.

 

Please put up any information you wish but please ensure no personal identifiers are showing, acc number, barcodes, names etc.

[cat10]

Stupid question,

but what is enforcement?

 

 

The HCE have never had a walking possession,no goods have been taken.

All i have done is pay some money towards the judgement.

 

What i dont understand is the CCJ goes back to August 2008.

 

Then they made a visit August 2012 and started charging interest again.

 

 

Here are the costs:

 

Date August 2008 Judgement debt £10,504.47

Sol Csts 355

 

Total £9259.47 ( i know this doesnt add up right,i believe they have knocked off some payments)

 

Intial interest @8% £2,957.71

Additional interest 0000

 

Warrant 111.75

Additional cst 0000

Levy fee 2.40

Fee 1 (Poundage) 372.87

mileage cst 60.00

Fee 2 (HCE fee) 765.85

Debt Total £13,530.05

 

August 2012 Balifi Att 72.00

HCEO fee 72.00

Csts £144.00

Interest 8% up to today 154.28

Walking possesion 29p/day 22.04

Acc Balance £13,850.37

 

Comments please on csts etc?

[citizenB]

What exactly does the Judgment order say. If it doesnt allow for interest to be added, then they cant. You need to see what the Judge actually ordered you to pay..

[Conniff]

That caught my eye as well, what's this interest after judgement ?

[cat10]

Will have to find out what the original judgement said as i never defended it.

The interest seems to be alot.

Can anybody comment on the HCE fee £765.85

[ploddertom]

As it is a business debt I believe they are entitled to keep the interest rolling up. I know which company it sounds like and whether it is or not any of their fees may be challenged. Of more concern is the claim for Walking Possession as this suggests they have a levy on goods.

[cat10]

I dont live at that address anymore,i had left 3 months before this walking possession agreement. So i don't understand how they can charge for that.

[ploddertom]

You will need to send off for a Subject Access Request as this will reveal what they have charged & when.

[ploddertom]

Another thought - a Writ is only valid for 12 months but may be renewed. It may pay to check it is still valid as my calculations show this should have happened 4 times now.

[cat10]

Kind of confused about the costs.

 

 

because they seem to have revisited in August then started to charge interest again.

 

 

They don't have my new address so will most likely sit tight.

[Surfer01]

6 years after which if no enforcement action has been stated in 6 years the claimant must apply to the court to revive the claim, this is rarely granted unless there are very obvious and compelling reasons for allowing a restart.

 

For a debt to become statute barred there must be NO payment for 6 clear years and or no acknowledgment in writting.

 

All defaulted accounts are removed after 6 years paid or not.

 

Please put up any information you wish but please ensure no personal identifiers are showing, acc number, barcodes, names etc.

 

Are you sure that a CCJ becomes statute barred after 6 years if no payment is made on it? I know that a straight forward debt does, but not sure if there has been a CCJ. In addition, if you do not pay it could become contempt of court which is a criminal offence and you could be jailed as we have seen on numerous occasions.

[BRIGADIER2JCS]

A CCJ does no actually become SB , the entry will removed after 6 years from CRA files, but action should not be taken to enforce the judgement after 6 years,

 

the claimant would have tp apply to the court to restart the claim, leave to do so is rarely given.

 

 

Debt is not a criminal offence, if you fail to meet the judgement order civil enforcement procedures are used, attachment of earnings., bailiffs instructed to levy on goods to be sold to pay the debt etc.

 

I cannot remember in many, many years a debtor being imprisoned for debt.

[Surfer01]

Thanks for clarification on the CCJ bit, however you seem to have forgotten the little old ladies that the council have had jailed for non payment of council tax. I think there was an episode only last year.

 

You can be sent to jail for the following;

If you haven't paid:

 

• fines from the magistrates' court;
  
• your Council Tax or business rates: or
  
• maintenance for your husband, wife or children.
  

You can be sent to prison only if the magistrates believe that you 'won't pay' rather than 'can't pay' your debts (that is, you have deliberately refused to pay, or you have chosen to spend the money on other things you didn't truly need).

[BRIGADIER2JCS]

You seem to be confused between non payment of a STATUTORY TAX wilth penalties lain down in law for non payment, this is an entirely different matter from debt pursude the the civil courts and has no bearing or merit here.

 

So please don't confuse on the thread with matters thay are not relevant it is unhelpful to sa the least.

[Surfer01]

How is not paying a fine, a CCJ, or maintenance related to statutory taxes?

 

 

You can be imprisoned for not paying a CCJ for the reason I gave in post 14. Granted this seldom happens, but is relevant to the thread.

[BRIGADIER2JCS]

A magistrates court DOES NOT ISSUE JUDGEMENT ON CIVIL DEBT, (CCJs) There is no criminal judgement.

 

None of your statements bear any relevance in this thread which is regarding non payment of a suppliers invoice.

[tuttle]

just ignore the paperwork. If the baliffs turn up, DO NOT LET THEM IN! lock the house and go out onto the pavement , and hear what they have to say, do not argue or agree to anything, ring the police if they try anything funny. They know that once you are the pavement they cannot create a public order offence.

[cat10]

Hi

Without going into all the gory details,

I just wanted to ask a question regarding attachment of earnings.

 

I had a ccj judgement order against me in 2008.

I battled and paid so much then stopped.

 

 

In 2014 just before 6 years the solicitor for the creditor went for an attachment of earnings order.

 

This they achieved and for 18months I paid via my earnings, struggled but then I was made redundant.

 

I did get another job and requested that the attachment of earnings wasn't requested from my new employer as this would cause problems, and quite possibly loss of the job.

 

 

So I paid manually for another 12 months then stopped, due to being short of money.

 

The solicitor is now threatening to apply the attachment of earnings again.

 

 

What I need to know is the debt goes back to 2008 so 9 years.

Can it still be enforced?

Can the attachment of earnings be applied again?

[AndyOrch]

Yes it can...as the judgment has been previously executed within 6 years of the judgment date....but you can opt to suspend it and make another arrangement with the judgment creditor to pay direct.

 

Andy

[BazzaS]

A CCJ doesn't become statute barred, but if not enforced for 6 years the judgment creditor needs permission ("leave") of the court to start / re-start enforcement proceedings.

 

If they've been diligent in trying to enforce, only stopping when they couldn't "get blood from a stone", I'd expect them to seek permission & be granted it.

[dx100uk]

is this your old business debt CCJ from 2008?

 

 

dx

[cat10]

It was, but the debt was in my name. Not the business's unfortunately

[dx100uk]

4 threads merged for history.

 

 

dx