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Attachment of earnings


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I have had an attachment of earnings order going out of my salary for some time now, it dates back a long time. I am still employed by the same people as when it started, I don't really think about it any more it just goes out every month. Today however, I recieved an n448 "attachment of earnings - request to defendant for employment details" that said:

 

"The court has been informed that you are no longer employed by XXXX (my employer)

The court believes that you have obtained employment"

and it asks me to complete a slip and the N 56 (the attachment of earnings form.

 

I'm really baffled about this as I am still employed by the same organisation that I was employed by when they got the order and the money is still coming out of my salary every month. I can't phone the court until tuesday now to find out! Has anyone else come across this?

 

I had a separate letter but it arrived at the same time transferring the proceedings from the court where the order was originally obtained to my new local court as I have moved house. Might it be something to do with this? Or maybe my employers messed up somehow?

 

I don't want to fill in another AOE as I earn more money now and I'll have to pay them more!

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I don't want to fill in another AOE as I earn more money now and I'll have to pay them more!

 

In that case you certainly don't want to phone them. Just write them a short letter saying you are / have been in the same job with the same employer for xx years and you are still meeting the required monthly payments please correct your records accordingly.

"Why CCJ when you can CCA!"

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I don't want to fill in another AOE as I earn more money now and I'll have to pay them more!

 

Hi, I have an AoE from the council for council tax and non domestic rates (which is currently in appeal tribunal stage) but the order states a % per month depending on my income bracket so if I was to get a pay increase next month I would automatically be deducted depnding on the new bracket.

 

Is this not the same? Possibly cos mine is through the Magistrates court cos of the evil council?

 

Tom

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no, it's consumer credit. there was a judgement which ordered me to pay £70 per month and I missed one so the AOE was made for £70 per month. I don't know if they can change it now, but I'd rather they didn't. I always have the choice of paying it outside of the AOE now.

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just a quick bump to say I have checked with work and it is definitely being paid. I am going to write to them along the lines suggested. any further advice gratefully recieved.

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  • 7 months later...

An update. I wrote back to the court informing them that the payments were still being made every month and everything went quiet. Then a couple of months later, a collections company starting hassling me for the money again. I told them the same, they went away. A couple of months later they came back, I told them the same they went away. This week, another couple of months later they have written again, and I phoned them to remind them of their mistake AGAIN.

 

This time they said that "their client" said I was lying and that the onus was on me to prove I wa paying it. I think this is pretty disgusting as it's clearly a clerical or administrative error on their part and I would say the onus should be on them or "their client" to keep proper records! I pointed out that they were not allowed to harass me for a debt which was being paid in accordance with a judgement and threaten court action which they could not take (then idiotically said I would report them to the law society when in fact as debt collectors I should have said OFT or something I suppose!). I also said that they were welcome to take me to court as it would get thrown out. Do others agree that the onus should be on them? I am not sure that I have the relevant paperwork any more and I don't know how to prove it otherwise.

 

Now I would appreciate your advice on further action. Call me petty, but these people do not have the right to harass me and lie about taking me to court for money I am paying. I want to cause as much administrative bother to these people as they are causing to me and I want a list of all the things I can do, anything to add to the below?

 

1) Data Protection Act S.A.R - (Subject Access Request) request

2) CCA requests - agreement, deed of assignment etc

3) Report to relevant authority - they are debt collectors, is this the OFT?

 

Any other advice as regards further handling of this issue on my part, including court defence if they actually take it that far (I suspect not - I think they know this is being paid and are trying it on).

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Personally, I would ignore them. Report them to the authorities by all means, but don't 'phone them any more. If the money is going out of your account each month and you can prove that, then you have no worries. Are the payments going to Robbers Way then ?.... or somewhere else ?

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I know I shouldn't phone them it just makes me angry, I will still have to put what I said in writing in case I ever need to prove I said it...

 

no the money is being paid by attachment of earnings, I have checked with my employers and they pay it as rgeular as clockwork. don't know hwo they pay it to though or if they could tell me.

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Hi there, the attachment of earnings payments will be made by your employer direct to the court which issued the AOE. They (the employer) will receive a receipt for that payment each month - it usually shows the reducing balance and recent payments (the ones I have to process to our local court show this). If the employer stopped paying it they would be contacted by the court within 7 days of the payment being due and would have to explain why - usually because an employee has left.

 

So, in short, your employers will have documentary proof that this judgement is being paid to the court - you could ask your payroll to give you a copy of their recent payment receipts and send these to the court with an explanatory letter.

 

You have no need to worry, so just ignore Robinson Way - they are a bunch of chancers who regularly try to collect money they are not entitled to!!

 

Kind Regards

 

Ell-enn

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Because you are paying by AoE I would contact the court and tell them that this DCA is harrassing/threatening you regarding this debt. As it is under court jurisdiction I think you'll find that the judge at that court will be less than impressed by the actions of the DCA.

 

I'm speaking from experience here because my OH has had a similar problem and the judge actually called the directors of the DCA in question and the directors of the OC into court to explain themselves. Needless to say they backpedalled so fast they almost fell over each other.

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  • 1 month later...

Hello, I'm new to the Forum and would be glad to have any advice any of you can give me. I m being threatened with an Attachment of Earnings Order - the background to all of this is very convoluted so I won't go into great detail now but my problem is that I have a job in finance and if this took place I would/could lose my job which would not gain the creditors in any way. Do they have to go to court first before they can do this? Or can they go directly to my employer to instigate this? Do I have to give them details of my employment to enable them to do this?

 

Thanks.

Izzybizzybee

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Hi there, just to put you at ease - the creditor would have to take you to court and obtain a CCJ before they could enforce the judgement by attachment of earnings. If you do receive court papers you can either defend the action (if you believe you have a case) or admit you owe the amount specified and ask to make payments by installments. Only if you fail to keep up the payments under the judgement would the creditor be in a position to ask for an AOE. Even if they did so, you would be able to submit a Variation Order asking the court to allow payments by installment again.

 

So, in short, if you haven't got to the stage where the creditor has issued court proceedings, then you are a long way from an AOE.

 

If you can give a bit more background to the debt and the exact stage you are at, we can advice further. Is the debt with a DCA, and if so have you established they have the right to collect this debt?

 

Kind Regards

 

Ell-enn

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Only if you fail to keep up the payments under the judgement would the creditor be in a position to ask for an AOE.

 

This is correct - when it goes to court you fill in a statement of your income and outgoings to work out what you can afford then somehwere you can indicate that you want the chance to pay by instalments.... mis just one and you're into AOE territory though (as I learnt - SILLY)

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Many thanks El-enn for your advice. You asked for more info well it's quite a long and convoluted story but I will try and be as brief as I can.

 

My late husband took out a business loan 20 years ago with NatWest (yes goes back that long) for new business he was setting up. I signed jointly and that was the biggest mistake I made. I had the faith of the young but the business subsequently failed. Over the following years we borrowed more on it and paid back monthly. Then about 8-10 years ago my husband was made redundant and we were getting into serious financial trouble. I then decided to go to the Consumer Credit Counselling Service who were very helpful. They wrote out to all my creditors (credit cards, loans I had out etc). I then made one payment per month and they would then pay out my creditors a pro rata payment depending on the debt owing. Natwest were the only one of the creditors who refused to freeze the interest. The payment I was making was about £100 short of what the original monthly payment had been so they charged 29.9% each month on the loan. The loan at the time I went to CCCS was approx 10-11K but over the years it has increased now to 40K!

 

Despite phone calls made to them they were adamant that they would continue to charge interest. My husband then became disabled due to illness and had to go into sheltered accommodation. Although I did and fortunately still do have a good job that pays well it was difficult to maintain two households (his benefits did not cover all bills) and bring up my two children (sorry if this sounds like a sob story). Payments to CCCS were reduced by them after reviewing my finances. Then just under five years' ago my husband died. At that time I did contact NatWEst and ask if they could review the debt but they never came back to me. Two years' ago they offered to settled the debt if I paid £3K which I didn't have. I then missed a payment to CCCS and they passed the debt to a debt collection agency. Unfortunately, due to a number of things that have happened this last year I missed another payment to CCCS and it would seem that the agency have now passed the debt on to another company who range me Thursday to say I had 48 hours to come up with a solution else they would issue court proceedings on 15th Feb. The chap was quite threatening, as these people always are. He said that his client (NatWEst he said but surely they have sold the debt on?) would probably accept 10K if I could find that. Otherwise court proceedings and he said there were a number of avenues open, ie, attachment of earnings, charge against my property, baliffs, file for bankruptcy, etc. I did ring a solicitor on Friday who has said to stick tight and just offer £1K which is all I feel I could raise. He said that he thought it unlikely they would file for bankruptcy as they wouldn't gain much but obviously I am concerned as I don't want to lose my home. I won't be bullied and did feel a bit comforted by what he said because my first reaction was to think of a way of raising 10K but realistically my credit rating is nil and I feel I would only be compounding the problem by taking out a further debt. So I don't have a lot of choice but would welcome people's views/opinions/experiences as it's all a bit scary.

 

I know I've been irresponsible and I also don't have any of the original paperwork - the problem just grew and grew like Topsy and I found it easier to ignore and brush under the carpet rather than grasping the nettle. I suppose I felt helpless and hoped it would go away. It was always a case of 'I'll think about it tomorrow'. And here I am thinking I'm grown up. What realy upsets me about the whole thing is that I made a conscious decision those years' ago to be responsible and pay off my creditors as best I could rather than going bankrupt which would have meant that by now the slate would have been wiped clean.

 

I'm really sorry to have gone on for so long but it has helped actually writing it all out. Any help would be so appreciated.

 

Kind regards

Izzybizzybee

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Hi there, I know exactly how you feel, when my husband died allsorts came out of the woodwork and like a fool I struggled for years to pay off debts which the creditors told me were my responsibility. If this site had been around then I would have known better, but that's all water under the bridge.

 

If you feel able to pay £1k in full and final settlement of this debt then you could do that, but - it might be a good idea to send a CCA letter to the debt collection company to establish if they actually have the right to collect this debt.

 

I will ask one of the more experienced debt bods to have a look at your post and see what they advise.

 

Stay positive, you will get plenty of help and support here.

 

Kind Regards

 

Ell-enn

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Dear Ell-enn and tom

Firstly Tom I can't remember if it was a personal loan or not. I thank you for your advice Ell-enn and do take some comfort from it. I will try and stay positive but feel really emotional at the moment. I can see everything I've worked for over the years disappearing. You have obviously gone through something similar and it's just so horrible when all you're trying to do is the best you can for your family and it just get's out of hand. Sorry I'm feeling sorry for my self today and just want it to go away. What is a CCA? Than you you for caring. I'm going to wrap my self in my duvet an forget for a while.xx

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If your records are that bad, my personal suggestion would always be to S.A.R. the original creditor, asking for all information. This will at least allow you to find out exactly what you owe.

 

If it is a consumer credit agreement, you would also have the right to send them a credit agreement request, which would produce an agreement which may or may not be enforceable.

 

It seems to me that your steps should initially be:

(1) Find out, from the original creditor, exactly what you owe

(2) If the debt is legally enforceable, attempt to come to some agreement with the bank.

 

It's important not to get too much of a panic about their threats. At the end of the day, you should pay NO MORE than you can afford. Threats of legal action are rarely acted on, when you come to an agreement based on your actual ability to pay. the reason for that is that there is simply no benefit.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Data Protection Act disclosure request

 

 

Dear Sir/Madam

 

ACCOUNT NUMBER: ****************

 

Please supply me with All data held by you to which I am entitled under the Data Protection Act 1998.I enclose payment of £10.00.

 

 

I look forward to hearing from you.

 

Yours faithfully,

 

(TYPE YOUR NAME, don't sign; photocopy the postal order attached to the S.A.R. and send by recorded or special delivery)

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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It's worth sending a CCA request to the Debt Collection Agency first. At least that way, you'll know whether the loan is covered by the Consumer Credit Act, one way or another. They will have to respond to that request and, if they've not bought the account, will have no option but to return it to the original creditor and you can then S.A.R - (Subject Access Request) the OC to re-claim your charges.

 

If you need the link for the CCA request, just shout.

 

As for the 'phone calls... don't buy into this kind of garbage. Hang up immediately. These guys are trained to extract money from you and will say whatever it takes to get people to cough up.... their jobs depend upon it. Most of it is complete bowlarks.

 

:)

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Thank you all somuch. Feel a bit stronger now. Had my duvet moment this afternoon - and feel a lot better knowing I'm not a bad person and this happens to loads of people which I knew anyway but it's only by joining this website that it's become more real. Am going to take your advice and now will go and form a plan for the phone call on Monday. I expect I will be here tomorrow and ask you all if I'm doing the right thing in what I say. These people can really catch you out cant they? This guy wanted to know all about any secured loans, etc, etc that I may have against the mortgage and fortunately I didn't fall for it. He also wanted my employment details and I just said that I wasn't prepared to give him that info.

Thanks again.

Izzybizybee

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