Sainsbury's Bank HBOS - CCJ

[piesky]

Hi,

Need some desparate help please. My OH has received today an attachment of earnings order from the local court. the form states that the claiment, Sainsbury's Bank Plc obtained a judgement in the Northampton county court. My OH knew nothing of this. what do we do? I have just sent an SAR to Sainsbury's but have not received a reply yet. Why did we not know about the original court proceedings? is there anything we can do to put this on hold or anything else. My OH is self employed but is earning very little at present. We have also been claiming tax credits since last February paid into my account. Please help. These people really know how to ruin Christmas, thats for sure.

[Tools]

Re: Sainsbury's Bank HBOS - CCJ

What dealing do you/did you have with Sainsburys Bank?

Are you aware of a debt to them at all, i.e have they been chasing you for any debt via letter/telephone?

I would also be inclined to go to your local court and find out what the CCJ relates to and inform them this is the first you have heard of it.

[piesky]

Re: Sainsbury's Bank HBOS - CCJ

Hi tools, thanks for your reply. Yes my OH has a loan with Sainsbury's but has been struggling for a few months on making the payments. They have sent letters and charges, etc. but didn't know that they had issued court proceedings.
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Due to a change in financial circumstances, we both have various loans and credit cards that are in arrears and most of these have had excessive charges applied to them. We are both in the process of sending CCA's and SAR's to all of these but Sainsbury's have obviously obtained a judgement without us knowing. We are claiming tax credits at present and do not have the available funds to send to the court. What should we do about this now. The court letter states the a reply must be received within eight days. The letter is dated 22nd December. Please help with this. We really don't know what to do next

[piesky]

Re: Sainsbury's Bank HBOS - CCJ

Bump. Any help or suggestions with this court order please.

[Tools]

Re: Sainsbury's Bank HBOS - CCJ

You say you don't have available funds to send to court? Do you mean to pay the repayments the court has ordered?

Could you scan and post up a copy of the judgement leaving out name address account numbers etc.

If the repayment amount ordered is un affordable due to a recent change in circumstances then you need to supply the court with a Financial Statement or Income/Expenditure sheet and ask for redetermination of the amount payable per month.

The courts will not make you pay more than you can reasonably afford.

I would also request copies of any court paperwork and make them aware that this is the first you know of the CCJ.

As for your other arrears/debts, post them up in the appropriate forum and see if we can help you with those too before they get to a similar stage as the Sainsburys one.

Could you email me your IE sheet and any letters you have had from Sainsburys so I can advise a little better.

Merry Xmas by the way. Lets hope we can help you get the New Year off to a positive start.

Jules

[piesky]

Re: Sainsbury's Bank HBOS - CCJ

Thanks Jules, I will get as much information as possible that will enable you to better advise. And yes, a Merry Christmas to you aswell. I'll do this over the next few days as everything is so hectic with family, etc. this time of year.

[Tools]

Re: Sainsbury's Bank HBOS - CCJ

In your own time, have a great day.

[piesky]

Re: Sainsbury's Bank HBOS - CCJ

Hi Jules, Hope you had a good Christmas. I have had a good look at the correspondance from the court. The only information it gives is that a judgement was obtained in the Northampton County court for the full amount owed and as nothing was heard from the defendant, the case has been transferred to the local county court who have now sent this attachment of earnings order that must be responded to within 8 days from the 22nd Dec. Not having any other details regarding this judgement, I do not know how to respond to the court and what forms to use. I want to explain that the judgement was given without my OH knowing about it, but in any event, the full amount claimed cannot be paid due to current financial difficulties. Do I need to contact the court directly and speak to someone? If so, to whom? Are there any specific forms from the court that need to be completed and sent back ASAP? Thanks for any help. Piesky

[Amethyst]

The court should have asked you to complete a 'statement of means' ? Did you get a form to complete with the order?
anyway they can't apply for attachment of earnings if you are self employed (as your OH is ???) or unemployed.
They should have done a statement of means search thingy on you first.

Yes they indeed should have got a CCJ against you first and you should have been notified of this, received the claim form and been given opportunity to defend. I hate Northampton bulk centre, its like a cattle market rubber stamping den to ruin peoples lives. (sorry lol)

As you don't have a defence to the claim its very unlikely you would get it setaside on the basis you havent received it. Its wrong I know, and you could try, would mean getting a N244 to set aside the judgement and an EX160 to get a fee remission.

The claimants have applied for AoE because you havent made payments on the original CCJ order. Which you wouldnt have as you didnt receive it. so you should be able to write to the court and say I am selfemployed so theres nothing to attach to and ask for the original information from the CCJ. - this is the form they should have sent you - http://www.hmcourts-service.gov.uk/courtfinder/forms/n56_e.pdf

Will have a think and talk to Tools, I would expect you will get a bit extra time being festive holidays etc but will try and work out the best way to deal with this tonight.

Did you email Tools your income/expenditure sheet etc ?

Actually can you type up/scan in the order?

[piesky]

Re: Sainsbury's Bank HBOS - CCJ

Hi Amethyst, thanks for your help. The notice that arrived is a N55 Notice of Application for Attachment of Earnings Order.

Claiment - Sainsbury's Bank PLC 33 Holborn
Defendent - Piesky's OH

Case Number - XXXXXX
Application No -XXXXXX

Balance of Debt - £13,107.42
Attachment Issue Fee - £65.00
Amount now Due - £13,172.42
Claiments Ref- XXXXXX

The form then gives instructions what to do if paying in Full and there are two pages to use when replying to the application that includes an income and Expenditure Sheet and Priority debts, court orders and credit debts. This is being filled in right now.

[Amethyst]

Re: Sainsbury's Bank HBOS - CCJ

Perfect.

You will need to write a letter to go with it along the lines of you have received no paperwork relating to this claim or judgment against you, you are self employed so an attachment of earnings is not a viable option for the creditor, and you would like, after reviewing the paperwork to make an offer to pay monthly installments to the creditor of £xx as your IE sheet shows you can afford. also mention if you have moved etc since acquiring the debt and if you informed sainsburys of this ask they can send you relevant form (N244) in order to set aside the CCJ.

Its only in your OH's name so only her employment is relevant. In the employment section of the form miss out the main job and just tick self employed box on other jobs.

If you want me to go through your IE and see what your proportional payments usehttp://www.legalbeagles.info/forums/showthread.php?t=5102 email it to me - amethyst@legalbeagles.info.

[piesky]

Re: Sainsbury's Bank HBOS - CCJ

On the expenses side, it would be helpful if you could provide info on what is an acceptable amount to claim for Gas and elec, Telephone, Housekeeping (Two Adults), Traveling Expenses, and Clothing. Can we also say that we pay insurance etc.

[Amethyst]

Re: Sainsbury's Bank HBOS - CCJ

Can do - you need to send me your figures first though.

If you want I can do a CFS statement for you which is the Financial Income expenditure sheet used by the main debt help charities and the banks.

As a guide 2 adults housekeeping should be no more than £380 a month, phone £60 max but does depend on all the other figures. Yes you can account for insurances etc.