Court claim - rent arrears

[n20998]

Re: Court claim - rent arrears

Says it all I think!!
If you have any " evidence" of the communications to the wrong address or any other written info on that attach them as an exhibit.

nem

Thanks nem, I massively appreciate being able to run it past someone. I don't have any evidence of thebwrong address, but I can include copies of the emails which have been ignored.

[nemesis45]

Re: Court claim - rent arrears

Thanks nem, I massively appreciate being able to run it past someone. I don't have any evidence of thebwrong address, but I can include copies of the emails which have been ignored.

That'll help.

Nem

[n20998]

Re: Court claim - rent arrears

I came home tonight to find a bailiff had attended the property to serve forms. I have a letter and they included a copy of the form I already have. The letter says I need to phone the court to arrange a convenient time. For what???? Why has this happened when I spoke to the court last week and they sent the form out?? What happens now?? Will I be charged for this?? Stressed! Scared!

[nemesis45]

Re: Court claim - rent arrears

I came home tonight to find a bailiff had attended the property to serve forms. I have a letter and they included a copy of the form I already have. The letter says I need to phone the court to arrange a convenient time. For what???? Why has this happened when I spoke to the court last week and they sent the form out?? What happens now?? Will I be charged for this?? Stressed! Scared!

Good morning,
Please try (difficult I know!) to keep calm over this.
My guess is the person who called was a " process server" who has left " and oder to attend for questioning" at your local County Court.
This nowhere as terrifying as it seems.

The purpose of this to determine your means to pay the alleged debt, this ( if this is what you have received) takes place
with an officer of the court who will ask you " on oath" about your finances, income. expenditure and savings etc.

Please do make the appointment not to do so is contempt of court!

Be open and honest and provide any information about your financial situation the court officer is not a judge/lawyer and
no one else will b present, you can take someone with you for support if you want.

Please let me know if I'm wrong on this.

nem

[n20998]

Re: Court claim - rent arrears

Hi nem, it was to serve me with the N56 form again. I phoned the court this morning (not the bailiffs) and they said it was because me phoning them last week and advising of the wrong address (claimant incompetence) wouldn't take the case back from the bailiffs. Seemed reasonable. Posted the form this morning.

[nemesis45]

Re: Court claim - rent arrears

Hi nem, it was to serve me with the N56 form again. I phoned the court this morning (not the bailiffs) and they said it was because me phoning them last week and advising of the wrong address (claimant incompetence) wouldn't take the case back from the bailiffs. Seemed reasonable. Posted the form this morning.

OK that's fine, keep us up to date with events!

nem

[n20998]

Re: Court claim - rent arrears

Less than an hour after posting the form I received a council tax attachment of earnings order that has also been sent to my employer. I had no idea this was coming (but I did know they've got a liability order etc.). Can I do anythin now?? Looks at the table provided it looks like a big amount will be taken each month.

Feel like I've really ******* up here!!!

[n20998]

Re: Court claim - rent arrears

On the attachment of earnings form I filled in that I was repaying the council tax at a certain rate. I've missed the last 2 payments which is the reason they've gone for an attachment of earnings. Could they now consider that I've lied on the form? The amount from the council tax attachment of earnings is going to be much higher than that amount.

[nemesis45]

Re: Court claim - rent arrears

On the attachment of earnings form I filled in that I was repaying the council tax at a certain rate. I've missed the last 2 payments which is the reason they've gone for an attachment of earnings. Could they now consider that I've lied on the form? The amount from the council tax attachment of earnings is going to be much higher than that amount.

There will be fees and court costs added to the debt hence the higher amount.

The deductions are set down and applied on the basis of your income, your employer
cannot refuse to comply with the courts order.

If the amount being deducted causes hardship you would have to apply to
the court to have the order varied.

nem

[n20998]

Re: Court claim - rent arrears

Hi nem,

Thanks. I was meaning the monthly amount from the council tax attachment of earnings is much higher than the amount I stated on the form I sent for this CCJ attachment of earnings.

At this stage, do I need to do anything? Or do I just wait to see if I get the suspended attachment of earnings order for the amount I've asked for. How long is it likely to take until I hear back from the court (I'm going to phone on Friday to check my form has been received as there's been so many problems with the process)??

[n20998]

Re: Court claim - rent arrears

Any further thoughts on this would be great. Do I just leave it and see what happens?

[nemesis45]

Re: Court claim - rent arrears

Hi nem,

Thanks. I was meaning the monthly amount from the council tax attachment of earnings is much higher than the amount I stated on the form I sent for this CCJ attachment of earnings.

At this stage, do I need to do anything? Or do I just wait to see if I get the suspended attachment of earnings order for the amount I've asked for. How long is it likely to take until I hear back from the court (I'm going to phone on Friday to check my form has been received as there's been so many problems with the process)??

Hi sorry for the delay in replying clearing up storm damage.
Your employer cannot refuse to comply with the AOE, yes I believe you should
seek a variation .

The amount outstanding will be increased by court/solicitors charges/costs.

nem

[n20998]

Re: Court claim - rent arrears

Phoned the court today to see if they'd received my form and they said it normally takes 5 days to get through the system. Stressed hopes it's opk and I haven't missed the deadline.

Does anyone now how long it's likely to take to get through the whole process and either I get the suspended order or the AOE? I'm trying to figure out if I'll have to make a payment in December as that looks like when the first CTAOE payment will be taken.

[n20998]

Re: Court claim - rent arrears

Anyone? Is this likely to be days, weeks, months? Thanks

[n20998]

Re: Court claim - rent arrears

So I phoned today and they've received my form (!!!) and I should hear the outcome in a few days - that's fast (!!!!!!!)