cabot financial and attachment of earnings

[flicky1314]

hi guys plz can u help.
my partner well hes my husband but we are separated and have been for a few years has received an attachment of earning form from our local court regarding cabot financial. he lives with his mum and apparently had a court letter a few months ago but didn't do anything about it as he wasn't sure what it was for. hes only showed me the attachment letter tonight and has to b back to the court by Tuesday.
I,m asking for help as we are still friends and we have 3 children together. hes now worried about this and so am I.
can they still do an attachment even if he hasn't acknowledged the debt and what happens if he doesn't send the form back. he helps me out every month with money for the kids and pay some of my direct debits for me as he is in a better postion then I am.
would really like ur advice on this one guys plz xxx

[flicky1314]

Re: cabot financial and attachment of earnings

plz guys any help would b appreciated

[FlamingParrot]

Re: cabot financial and attachment of earnings

hi guys plz can u help.
my partner well hes my husband but we are separated and have been for a few years has received an attachment of earning form from our local court regarding cabot financial. he lives with his mum and apparently had a court letter a few months ago but didn't do anything about it as he wasn't sure what it was for. hes only showed me the attachment letter tonight and has to b back to the court by Tuesday.
I,m asking for help as we are still friends and we have 3 children together. hes now worried about this and so am I.
can they still do an attachment even if he hasn't acknowledged the debt and what happens if he doesn't send the form back. he helps me out every month with money for the kids and pay some of my direct debits for me as he is in a better postion then I am.
would really like ur advice on this one guys plz xxx

A CCJ is required before a creditor can apply for an attachment of earnings order, so Cabot must have obtained default judgment against your ex at some point. Once judgment is obtained, acknowledging the debt or otherwise doesn't enter into it. The court letter he had a few months ago could have been either the claim form or a letter from the court to notify him of the judgment. It would be headed something like 'General form of judgment' or something similar. Would be good if he could dig it up to find out the judgment details.

Cabot buy debts from a number of companies so this could be for an old credit card, loan or overdraft, maybe even a mobile contract or unpaid utility bill, etc. Has he got any idea what this debt is for? When you get a claim and fail to acknowledge it within 14 days, the claimant can just request default judgment without further ado. If your ex is not liable for this debt, then he may be able to apply to have the judgment set aside. Once a creditor has obtained judgment, in the absence of any repayment offer, they will seek to enforce the judgment by various means, the AoE being one of them.

With regards to the attachment of earnings, it can only be granted if he is employed as opposed to unemployed, self-employed, student, on benefits or a pensioner. He'd have received an N56, Part 3 of the form asks for employment details. He must return the form to the court or else he will be summoned to attend court for questioning and the court has the power to have him arrested and brought to court, although they'd usually only do that if he fails to attend the hearing when summoned. If the creditor already has his employment details, they can also go straight to them. :scared:

It may be possible to avoid an AoE order being made by filling in item 10 of the N56, headed "10. Offer of Payment" and making a monthly repayment offer. He'll have to fill in the financial information on the form to back up his monthly offer, tick the box where it says "I would like a suspended order..." and give his reasons in the box. The most common reason to request a suspended order would be because of the impact an AoE order can have on employment, as this will mean disclosing the details of the CCJ to his employers. It can have serious consequences for some people if their employers find out about the AoE, especially when you work with money, are in position of trust or work in the financial sector in any capacity, even in a non-financial, support role.

[flicky1314]

Re: cabot financial and attachment of earnings

hi flaming parrot, thanks for replying hun. so best not to ignore it then. just fill out and send back, I think hes worried that they will want more then he can afford as he helps me out a lot. think he will ask for a suspended order as he deals with wages at his company. r they likey to accept that rather then go to his employers, obviously I could understand it if he didn't pay onn the suspended order. god I have my own probs lol

[FlamingParrot]

Re: cabot financial and attachment of earnings

hi flaming parrot, thanks for replying hun. so best not to ignore it then. just fill out and send back,

Absolutely! Once the courts get involved, you can't afford to ignore letters, the courts have powers to FORCE people to attend court and answer questions, so it's best to be seen to be willing to co-operate.

I think hes worried that they will want more then he can afford as he helps me out a lot.

You say you've got 3 kids with him, he would be expected to provide for them. Any idea how much the judgment is for?

think he will ask for a suspended order as he deals with wages at his company.

He should definitely say that on the form, his position involves handling money, therefore his job could be at risk.

r they likey to accept that rather then go to his employers, obviously I could understand it if he didn't pay onn the suspended order. god I have my own probs lol

Creditors want to get paid, not ruin people's lives. If he says he may lose his job (and thus his ability to make payments towards the judgment), they are likely to accept. The reason they're applying for the order is because he's not making any payments. :thumb:

[flicky1314]

Re: cabot financial and attachment of earnings

The amount is 1014.00 in total including court fees. He does provide for the kids he's good like that just that we didn't get on lol. Should he write a letter to the court too as he's wages r never the same every week some weeks more some weeks less. What do u think flaming parrot ? And thanks for helping ur a star xx

[FlamingParrot]

Re: cabot financial and attachment of earnings

The amount is 1014.00 in total including court fees. He does provide for the kids he's good like that just that we didn't get on lol. Should he write a letter to the court too as he's wages r never the same every week some weeks more some weeks less. What do u think flaming parrot ? And thanks for helping ur a star xx

Thanks, Flicky :yo:

Good to hear he is a responsible dad who provides for his family, we need more of them around.

For the purpose of the form, I'd say an average of his wages should be OK, as long as it's representative of what he's likely to be able to afford every month in the long-term, bearing in mind once an amount is agreed, it can be difficult to change, it would require him to apply for a variation of the court order and if he misses a payment, they could go ahead with the AoE order so it's best to make an affordable offer. Luckily the amount of the judgment is not extremely large, it's always harder to get a creditor to accept, say, £5 a month towards a £10k debt than towards a £1k debt. :thumb:

[flicky1314]

Re: cabot financial and attachment of earnings

Ok thanks hun ill get him to make am offer and see what comes back. Thanks for your help xxxxx