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Suspended attachment of earnings order


cookie35
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Hi,

 

This is my first post after reading the site for some time and I kindly ask for some advice on behalf of my mum, apologies in advance for the long post.

In June 2000 she was issued with a suspended attachment of earnings order after defaulting on a loan she had with AVCO Trust Ltd. The original loan was for £4000 and by the time the order was obtained the amount was over £7000! It was ordered that she paid £50 per month and she has been doing so ever since.

Is there anything we can do with regards to claiming back any charges added to the account or as it went through the courts is there nothing to be done now except continue paying. The account is now being handled by Direct Legal and Collections after being passed from pillar to post over the years. Mum has had cause to phone DLC to request a new payment book and they have been nothing but rude to her and demanded that she up her payments. Can they do this if the payment level was set by the court? I've told her not to contact them by phone anymore but put everything in writing sent recorded and keep a copy. She requested a balance of the account whilst on the phone but they refused.

Any help would be very gratefully received.

Thanks in advance

Sarah

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If the court order £50 per month then that is what she has to pay. DLC will try and get an increase but in order to force an increase I think they will need to go back to court. Whilst she is without a payment book then she could possibly send cheques or postal orders.

 

Just my thoughts.

_______________________________________________________________________________________________________

IANAL - Opinions offered are just my personal views and are not guaranteed to be correct. I have been known to be wrong (once or twice).

Claims in progress against:

Eldest - First Direct - Part Offer received - http://www.consumeractiongroup.co.uk/forum/first-direct/79619-eldest-fd.html

Eldest - Halifax - Cheque Received Full amount - http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/66254-here-we-go-eldest.html

Youngest - Halifax x 3 - Request for refund sent - http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/79617-youngest-halifax.html

Eldest - unnamed Mortgage Provider for Charges and incorrect maths.

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sadly you will not be able to claim things back as it is passed the 6yrs limit.

there are many threads indicating that pre 6 yrs is now quite possible on bank accounts, but i've not read anything about this towards reclaiming charges to do with loans.

even without a payment book you must pay your £50pcm, i would do that now, else it could go back to court and get an increased payment .

 

dx100uk:)

 

dx100uk:D

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 guys, thank you so much for your replies. You've both confirmed what I thought sadly but always good to get another opinion. She hasn't stopped paying them at any time so no worries re going back to court for increased payments. Will tell her theres nothing she can do and that she should just carry on til debt is cleared, although she has no idea of the balance owed and they will not give her this information!

Thanks again.

Sarah

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Hello cookie35,has your mum recently obtained her credit reports,that might tell her of the payments she has made,although if its 2000 might not be on but they are worth obtaining just to see whats on there.

 

I cant understand why the company wont give you a balance of account? surely if you sent off a S.A.R - (Subject Access Request) with your £10 fee they would be legally obliged to supply you with the account payment history under the data protection act 1998.

 

Sounds like the DCA (debt collection agency) has something to hide like where has the extra £3000 come from?

 

If your mum has a court order to pay the £50 then thats all they should get ,how did the court arrive at this payment? and more importantly is it affordable?

 

 

 

Regards S

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Get you mum to send a SAR they will have to comply with her request under the data protection act. It will cost her £10 but at least then she will know how much she has repaid and how much is left on the debt.

No one can make you feel inferior without your consent :)

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Hi Stormo, thanks for your reply, I will tell her to request her credit reports, didn't think of that! She sent an S.A.R last week so we are hoping this will give us an insight into where the extra 3000 has come from. Regarding the £50 payment, mum was working full time when it was agreed albeit on a low wage but she has never missed a payment and has been able to manage. She now works part time and is due to retire soon so she may well start to struggle hence the reason for her asking me to look into this matter for her.

I'll post back when/if she receives a reply to the S.A.R

Regards

Sarah

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if more has been put on since 2001 then clain it back.

just a quick calc by me:

if we say we are in july 2007. payments should equal:

12*7*50=£4200.

it might be a good giggle to write in the SAR to whoever you are paying/who is dealing with your debt now & say something like

hey, my debt was £4000, i've paid that off now.

why am i still paying you?

also add to the SAR that you wish a copy of the signed agreement and deed of transfer [or whatever it is called]

if they can't produce that! then game over!

 

 

dx100uk:o

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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