Help needed with Attachment of Earnings Order

[BH1]

Hi, my wife has a CCJ against her from Halifax and Mortimer Clarke. She has been unable to keep to the payments and has now received an Attachment of Earnings Order. The amount outstanding is £15692.00. She has previously been offered a 30% reduction on the debt and may be in a position to pay this off if a similar offer was available. She has written to them by email asking if an offer is available.
In the mean time how does she stop the Attachment of Earnings Order. She is self employed as a company director for a Ltd company that she supplies teaching services through. I notice there is a section on the reply form that says I would like a suspended order, but dont know what she should put in there.

Any help would be appreciated as usual.

[EXC]

Re: Help needed with Attachment of Earnings Order

Bump.

[ploddertom]

Re: Help needed with Attachment of Earnings Order

If she is self employed then they cannot get an AoE. There may be a section on there where it asks who her employer is.

[BH1]

Re: Help needed with Attachment of Earnings Order

Hi thanks, I guess its the definition of self employed that makes the difference. My wife owns a limited company, she is a director and we are both shareholders, I am not a director.
I need some advice on how to complete the form supplied by the court so that the attachment is not made. The intention is to negotiate a settlement and get rid of this but she needs time to negotiate.

[wales01man]

Re: Help needed with Attachment of Earnings Order

Is she paid gross or net after tax from the Company?if she is a PAYE earner they can get an AOE and the Company has to make deductions by law

[BH1]

Re: Help needed with Attachment of Earnings Order

Thanks, the AOE form has a box on it that says "I would like a suspended order because", this implies there are circumstances that the court will allow the order to be suspended. I really need some advice on how to get this suspended. As I have previously said we are in a position to negotiate a settlement and have been offered 30% discount in the past (I suspect we can get more) we couldnt take advantage of the offer before but can now, what we don't want is an AOE that then means we have to pay the full amount. We have written to MC asking for a settlement figure by signed for post and email but no reply as yet.
The forms have to be with the court on this Friday.

Can someone help please?

[stevemLS]

Re: Help needed with Attachment of Earnings Order

You do realise that a suspended order is still an order made, its execution is just delayed?

I would have though that if you said that you were in active negotiations with the judgment creditor would be a good reason to have the order suspended.

[enaid]

Re: Help needed with Attachment of Earnings Order

https://www.citizensadvice.org.uk/wa...rom-being-made

[EXC]

Re: Help needed with Attachment of Earnings Order

Just wondering if [MENTION=55034]nemesis45[/MENTION] has some thoughts on this?

[nemesis45]

Re: Help needed with Attachment of Earnings Order

Looking in as requested.
We need to clarify exactly what your partners employment status is, is she salaried taxed via PAYE and NI or does she fill in a tax form as a self employed person, if she is any employee then the AOE cannot be rejected.
nem

[BH1]

Re: Help needed with Attachment of Earnings Order

Hi Nem I've PM'd you.

[nemesis45]

Re: Help needed with Attachment of Earnings Order

Hi Nem I've PM'd you.

Will go check no PM alert received.

Response to PM.
Your wife is self employed from the information given!
So return AOE to the court stating that.
The try to negotiate with the claimant for a payment plan (affordable).
It is likely that the claimant will refuse to agree to reduce the sum awarded
in the judgement order.
nem

nem

[BH1]

Re: Help needed with Attachment of Earnings Order

Nem thanks for the advice, I had sent the reply to the court before I received this stating that we would like the AOE suspended whilst we negotiate with the claimant.
Not heard back from the court yet, BUT have had a response from Mortimer Clarke offering a 25% discount. We will try to negotiate that down further, has anyone else had any experience of this I have read elsewhere of people achieving 60% discount as the debt has been sold on so many times?

[nemesis45]

Re: Help needed with Attachment of Earnings Order

Hi BH,

Offering discounts at this stage makes me suspicious, is there something wrong with the claimants case I wonder??

Did you send a copy of the "court letter" to MC?

nem

[BH1]

Re: Help needed with Attachment of Earnings Order

Hi BH,

Offering discounts at this stage makes me suspicious, is there something wrong with the claimants case I wonder??

Did you send a copy of the "court letter" to MC?

nem

Hi Nem no didnt send a copy of the court letter but their response specifically references the AOE