Court claim - rent arrears

[nemesis45]

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 (!!!!!!!)

That is pretty fast given the backlog in some parts of the court service.
Pls let us know what happens.

nem

[n20998]

Re: Court claim - rent arrears

OK so I got the order through today. It's a suspended order but it's for a lot more per month than I asked for. It's also more than the original judgement amount, despite my income and expenditure showing that I have less money than I did previously. Do you know how they work these things out??? What do I do now? As I mentioned in previous posts I didn't include any details of the CTAOE on the N56 form as I didn't know about it at the time - that makes my financials much much much worse for a few months! Really don't know what to do now can this get any worse?

[n20998]

Re: Court claim - rent arrears

Also the total amount owed has gone up by £155. Is that correct? That now takes it above 5K, does that make a difference? Can they start charging interest now?

[n20998]

Re: Court claim - rent arrears

Sorry to keep adding to this. Also on the document it states a minimum amount I need to receive in pay each month. I believe this is for my employer if it were a normal attachment of earnings order. Given it's a suspended order, can I use that amount as a basis for how much I pay? The CTAOE will take the amount pretty close to this level.

Really really confused any help would be great.

[Kati]

Re: Court claim - rent arrears

[MENTION=55034]nemesis45[/MENTION]??

[nemesis45]

Re: Court claim - rent arrears

@nemesis45??

Oim yer Kati:tinysmile_twink_t2:nem

[nemesis45]

Re: Court claim - rent arrears

OK so I got the order through today. It's a suspended order but it's for a lot more per month than I asked for. It's also more than the original judgement amount, despite my income and expenditure showing that I have less money than I did previously. Do you know how they work these things out??? What do I do now? As I mentioned in previous posts I didn't include any details of the CTAOE on the N56 form as I didn't know about it at the time - that makes my financials much much much worse for a few months! Really don't know what to do now can this get any worse?

What have you been ordered to pay? I don't think it should be more than the original AOE.
I believe you will need to refer back to the court and the claimant with a revised I & E statement asap.

The levels of deductions via an AOE are set down I had a full listing on file but I can't find which file I put it in ( Old Age!!)

nem

[n20998]

Re: Court claim - rent arrears

Hi nem,

This is the first attachment of earning order. I was referring to the original judgement. I'll try to make it clear with rough figures...

Debt: £4,900

CCJ: pay £100 per month
I said I could pay £50 but they made it £100

AOE:

On the form I put the following for income and expenditure:

Income: £1,625

Expenses: £1,412
Priority debts: £80 (council tax + water on repayment plans, as I didn't know council tax had applied for CTAOE)
Credit debts: £80

I offered to pay £50 per month and I've been ordered to pay £170.

It says the order must not take my pay below £1,264.76. How do they work this out it seems very precise and doesn't match the figures I've given at all???

From what I've read on CTAOE I believe that will be close to £300 per month.

Debt now £5,055 - can they start charging interest???

Also, it's taken 8 days since the order was made to get to me - eating into the number of days I have to respond!!!
I have absolutely no idea what to do.

[nemesis45]

Re: Court claim - rent arrears

Hi nem,

This is the first attachment of earning order. I was referring to the original judgement. I'll try to make it clear with rough figures...

Debt: £4,900

CCJ: pay £100 per month
I said I could pay £50 but they made it £100

AOE:

On the form I put the following for income and expenditure:

Income: £1,625

Expenses: £1,412
Priority debts: £80 (council tax + water on repayment plans, as I didn't know council tax had applied for CTAOE)
Credit debts: £80

I offered to pay £50 per month and I've been ordered to pay £170.

It says the order must not take my pay below £1,264.76. How do they work this out it seems very precise and doesn't match the figures I've given at all???

From what I've read on CTAOE I believe that will be close to £300 per month.

Debt now £5,055 - can they start charging interest???

Also, it's taken 8 days since the order was made to get to me - eating into the number of days I have to respond!!!
I have absolutely no idea what to do.

Ok there is a minimum sum that the Government says you must have to live on per week, it seems that this may have been used in the calculations, how much does the £170 take you below the guaranteed income/

nem

[n20998]

Re: Court claim - rent arrears

Hi nem,

The court don't know about the CTAOE yet. Using rough figures, I think the CTAOE will be around £275 so that and the AOE for this debt will take me £85 below that minimum.

At that level, the CTAOE is going to last 6-7 months. After that I may be able to pay the £170 but before that no way it's just impossible.

Is there a reason they would use the minimum? Does it mean they don't believe my figures?

[nemesis45]

Re: Court claim - rent arrears

Hi nem,

The court don't know about the CTAOE yet. Using rough figures, I think the CTAOE will be around £275 so that and the AOE for this debt will take me £85 below that minimum.

At that level, the CTAOE is going to last 6-7 months. After that I may be able to pay the £170 but before that no way it's just impossible.

Is there a reason they would use the minimum? Does it mean they don't believe my figures?

There are very specific rules on deductions with AOE's if I can get time to find the file I'll put the info on here.
You must inform the court and the claimant of the situation re the CT deductions pending.

nem

[n20998]

Re: Court claim - rent arrears

Hi nem,

If you (or anyone else!) could find that information it would be great. I've tried googling this afternoon but haven't been able to find anything.

I think I need to get all my information together before writing to the court. Do I just write a letter to them, I don't have to fill in a specific form? It would be very good if I could avoid a hearing a possible.

The order I have says I need to make the first payment by 14th December. What happens if I miss this payment, but have written to the court beforehand? Again really trying to avoid the details going to my employer.

[nemesis45]

Re: Court claim - rent arrears

Hi nem,

If you (or anyone else!) could find that information it would be great. I've tried googling this afternoon but haven't been able to find anything.

I think I need to get all my information together before writing to the court. Do I just write a letter to them, I don't have to fill in a specific form? It would be very good if I could avoid a hearing a possible.

The order I have says I need to make the first payment by 14th December. What happens if I miss this payment, but have written to the court beforehand? Again really trying to avoid the details going to my employer.

Unfortunately if you miss the first payment I can see the suspension being revoked and immediate contact with your employer.

I've the details somewhere probably on an memory stick as I can't find it on this computer.
nem

[Kati]

Re: Court claim - rent arrears

Is this any use? :noidea: - http://www.hmrc.gov.uk/manuals/dmbmanual/dmbm667550.htm

[n20998]

Re: Court claim - rent arrears

Thanks Kati. I think what I need to know is can I make these sort of calculations myself for the suspended order. Would I have to 'prove' these each month to the claimant and/or their representative? No idea what I'm doing here.