N56 - attachment of earnings

[Annie70]

I would be so grateful for your advice please. I had a CCJ against me in May 2014. The company was BW Legal acting on behalf of Lowells. I acknowledged the debt and offered 15.00 per month on a 2,500 debt. B W legal rejected my offer and stated that I had to pay 100.00 per month. I wrote to the Court and informed them that I had submitted my income and expenditure forms and could not afford 100.00 per month. I did not hear anything from the Court so I thought I had better start paying something so I rang Lowell's in August and asked for their bank account details and I started paying them via bank transfer

Last Thursday I received documents from my local Court stating that BW legal and lowells were wanting an attachment of earnings in place. I rang Lowell's and they did not recognise the reference number I had been using when making the payment via my bank, the bank details were correct and they located my payments in a holding account. They said that BW legal should of received the payments and not them. Lowell's were really pleasant and helpful to me. I then telephone B W legal and they were awful to me on the phone and did not believe that I had made any payments. I gave B W legal the telephone number of the person at Lowell's but they wouldn't agree to ring them. I emailed BWlegal to confirm the above in writing and I received an acknowledgement that they had received my email but they have not replied.

I am really upset about this as I have been making payments. I have written to the Court and explained all of the above. I will have to leave my job if an attachment of earnings is requested as I manage finances and budgets at work and I feel that my job will be compromised if my employer becomes aware of my financial circumstance.

The Court has replied to my letter requesting the N56 be completed and returned by next Monday. They are requesting my partner's salary details also. I would be grateful for advice please.

Thank you.

[FlamingParrot]

Re: N56 - attachment of earnings

Hi and welcome to LB

Looks like there's been an admin glitch somewhere whereby your payments were not received by BW Legal and, in the absence of them, they decided to enforce the judgment via an attachment of earnings. Presumably you have bank statements showing the payments being made. :noidea:

Item 10 on the N56 has a box that you can tick requesting a suspended AoE order. Tick that box and explain your reasons in the larger box, for example, what you say above, that an AoE would put your job at risk and if you lost your job you wouldn't be able to make any payments. You should also say that you have been making the agreed payments into your CCJ. You may wish to attach the statements showing the payments going out if you have them.

Make sure you return the form in time to avoid them contacting your employers directly which they could do if they know/find out where you work.

Once you return the form, the court will write back to you stating whether they have suspended the order. :typing:

[Annie70]

Re: N56 - attachment of earnings

Hi and welcome to LB

Looks like there's been an admin glitch somewhere whereby your payments were not received by BW Legal and, in the absence of them, they decided to enforce the judgment via an attachment of earnings. Presumably you have bank statements showing the payments being made. :noidea:

Item 10 on the N56 has a box that you can tick requesting a suspended AoE order. Tick that box and explain your reasons in the larger box, for example, what you say above, that an AoE would put your job at risk and if you lost your job you wouldn't be able to make any payments. You should also say that you have been making the agreed payments into your CCJ. You may wish to attach the statements showing the payments going out if you have them.

Make sure you return the form in time to avoid them contacting your employers directly which they could do if they know/find out where you work.

Once you return the form, the court will write back to you stating whether they have suspended the order. :typing:

Thank you for your reply. Should I complete the income and expenditure also or just tick boxes and explain as you suggest?

Thank you

[FlamingParrot]

Re: N56 - attachment of earnings

Thank you for your reply. Should I complete the income and expenditure also or just tick boxes and explain as you suggest?

Thank you

You are going to have to make a repayment offer to avoid the attachment of earnings so you'd have to complete the I&E form as well to back up your offer. :typing: