Intimation of Proposed Atachment of Earnings problem.

[reg_shoe]

I would appreciate any legal advic on this issue please, and I'll try and keep it short.

Due to losing my job in September 2008 I defaulted on several loans and credit card payments. I then started work again in February and managed to get repayment schedules with all my creditors at the time, with the exception of Link Fincancial. The insisted that debts were paid in full.

At that time 3 of my debts had been passed to LF. One was for my car, which was later satisifed in full, one was around £10K and the last for about £5.

The dificult part of this was that I was working abroad and wasn;t at home when a court summons for both of these were delivered to my home (my wife received them and contacted me).

I was unable to get a repayment schedule for the £10K, even though I offered £500 per month. As I couldn't attend court due to being abroad a CCJ was granted restricting the sell of my home. About a month after this I was contacted by LF and offered repayment terms of £200 per month. Why did they refuse £500 to stop the court order?

With the remaining loan a repayment schedule of £500 was agreed in June 2009. I was advised that they would not invoke the decree. Unknown to myself the solicitors still went to court in July 2009 (after I had made 2 payments) and a court decree was granted for and Intimation of Proposed Attachment of Articles kept outwith Dwelling Houses (under the Debt Arrangement and Attachment (Scotland) Act 2002.

Unfortunately my contract ended in October and I was unable to keep up the payments after November. At that time I had paid back £3000 of the outstanding £5,000.

I have received an order intimating that Sherrif Officers will be attending my home to seize my assets unless full payment is made.

What I request is legal advice on where I stand as the solicitors pursued the court decree after a payment schedule was agreed and no default payment was shown on the account.

[Amy]

Re: Intimation of Proposed Atachment of Earnings problem.

I have received an order intimating that Sherrif Officers will be attending my home to seize my assets unless full payment is made.

Is there any way you could pay the remaining amount?

What I request is legal advice on where I stand as the solicitors pursued the court decree after a payment schedule was agreed and no default payment was shown on the account.

Is this not a moot point since you have been unable to keep up the payment arrangement since November?

[reg_shoe]

Re: Intimation of Proposed Atachment of Earnings problem.

Is there any way you could pay the remaining amount?

If I could pay the remaining amount I would. There's now way I would let it escalate to this.

Is this not a moot point since you have been unable to keep up the payment arrangement since November?

Not really. When the payment schedule was agreed I was told that this would stop the action unless I defaulted. If the court decree was pursued in December after the first default then I would have no objection. By forcing this through after saying they wouldn't (and while payments were still being made) I was given no opportunity to put forward a defence to stop a court decree.