Attachment of earnings !! Help! :(

[SonyBoy14]

Hi All,

I have received an attachment of earnings form didn't know what for, so I called the court they say as I didn't respond and enter a defence to this claim. I wasn't living at my parents address and I was away for 5 months, my parents keep my mail for me. So to my surprise I find this attachment of earning form from the court on behalf of cabot financial and Mortimer Clarke. I have been through my mail 3 times to see if received any paper work regarding this and only have come across the attachment of earning stating that a judgement has been made.


How would I go about setting this aside as I am sure the debt is statue barred, would I have any grounds to set it aside now that they have a judgment ?

As I have now received a letter from the county court bailiff stating that I should contact him immediately, should I call him ?

Please Advise all help is greatly appreciated..

[nemesis45]

Re: Attachment of earnings !! Help!

Hi Welcome To LB,

Are you aware of any debt that Cabot may have purchased, ( Mortimer Clarke are solicitors used by the debt industry)
A CCJ has been handed down by default because there was no acknowledgment of service of the claim and no defence entered.

Please give some history of the debt:

1. Name of original creditor?
2. The amount claimed?
3.The type of account e.g. Loan, CC, HP, current account/OD?
4. The date the account was defaulted/ last payment made?
5. Does this show on CRA files. Equifax. Experian, Noddle (free).

nem

[SonyBoy14]

Re: Attachment of earnings !! Help!

Thanks for the welcome Nem. Also thank you for responding kindly to my question, apologies if it seemed vague.

I have now found out that it was JD Williams who were the original creditor, the amount they are claiming is a little over £2000.
As for the type of account it was a catalogue. I have no recollection of any default dates, it is not showing on my Experian credit report though and I have never made any payments to Cabot financial.

Once again thank you for your reply Nem, any further comments from yourself will be greatly appreciated.

[SonyBoy14]

Re: Attachment of earnings !! Help!

Hi Welcome To LB,

Are you aware of any debt that Cabot may have purchased, ( Mortimer Clarke are solicitors used by the debt industry)
A CCJ has been handed down by default because there was no acknowledgment of service of the claim and no defence entered.

Please give some history of the debt:

1. Name of original creditor?
2. The amount claimed?
3.The type of account e.g. Loan, CC, HP, current account/OD?
4. The date the account was defaulted/ last payment made?
5. Does this show on CRA files. Equifax. Experian, Noddle (free).

nem

Thanks for the welcome Nem. Also thank you for responding kindly to my question, apologies if it seemed vague.

I have now found out that it was JD Williams who were the original creditor, the amount they are claiming is a little over £2000.
As for the type of account it was a catalogue. I have no recollection of any default dates, it is not showing on my Experian credit report though and I have never made any payments to Cabot financial.*

Once again thank you for your reply Nem, any further comments from yourself will be greatly appreciated.

[nemesis45]

Re: Attachment of earnings !! Help!

Good morning,
If this account is not on CRA files more than 6 years have elapsed since it was defaulted.
So if we are to challenge the Cabot judgement we need to ascertain if the debt was already statute barred when the judgement was made.
Options: As there has been a judgement Cabot has no obligation to provide a copy of the original agreement.
1. Telephone JD Williams and ask if they can provide information on the default/last payment date.
2,. Send a SAR to JD to get all the data it hold on you and the account. There is a £10 statutory fee and JD has 40 days to comply.
3. Has the attachment order been sent to your employer?
4. Do you want to try and get this judgement set aside?
5.To set aside, you must have a valid defence to the original claim. Stat Barred and non receipt of Claim are good grounds for set aside.
nem