Fake? - MC/MFS Attachment Earnings - 16k - old judgment

[andrew wilson]

Re: Fake?

They said they applied for attachment to earnings in 2008 but this is first I heard of this I didn't receive anything from court and they had my address this has been going on for 9 or 10 years with no enforcable action to pay and until recently the last I heard from them was in 2008

[andrew wilson]

Re: Mortimer Clarke

Just been thinking about this and its actually been going on for 9 to 10 years and I vaugly remember getting some thing may be 2007 or 2008 telling me what I owed the amount for but until recently I havnt heard anything

[Amethyst]

Re: Fake?

Okay so the judgment was obtained well over 6 years ago, and they haven't attempted any enforcement for at least 6 years.

Have you moved in that time?

Did you ever have the original court claim ? do you know what the final judgment was - a forthwith order ? How much approx for ?

If they left it six years after obtaining judgment they should apply to the court for permission to enforce before filing for attachment of earnings.

Tagging someone who might be able to help [MENTION=87380]Diana M[/MENTION];

[andrew wilson]

Re: Fake?

The amount is for £16000 I never received anything from them or the court about the judgement in 2008 and they had my address because I asked them to send me details of the debt as I didn't know anything about it which they did and that was the last I heard from them until very recently and that was only the odd voice mail I can't understand if there was a judgement why wasn't it enforced

[andrew wilson]

Re: Fake?

Just used the company recommended on here to check if I have anything recorded due to this and it can back as none so god knows what's going on

[Amethyst]

Re: Fake?

As it is over 6 years old it will have fallen off your credit file and the register. They are supposed to obtain permission from the court to be able to enforce if they have done nothing for over 6 years - I'd give the court a call and ask them if permission was sought before applying for attachment of earnings. I'm not sure what you do if not, you must reply to the Attachment of Earnings. I'd certainly call the court and ask about the original judgment - do you know if it is even the same creditor ? ( to enforce judgment it must be in the same as the claimant unless they have applied to assign the judgment over)

[Diana M]

Re: Mortimer Clarke

As I suggested in my post # 9 this is not a claim it's an Order as a result of an Application for an Attachment of Earnings by the Claimant/creditor.

You have been Ordered to send the court a statement of your means and complete the form they enclosed within eight days of receiving it. The date on the Order is 25th August.

There's no mention of any hearing on the Order so I think you may have misunderstood the situation.

Ask someone for help to complete the form etc since as the Order says failure to comply on time could (hopefully not) result in a custodial Order.

You may have other legal options but not complying with this Order is not one of them.

Di

I have blanked my name address and amount out because its on my photo bucket so don't want every one knowing my business

[Diana M]

Re: Fake?

Tagging someone who might be able to help @Diana M;

The OP has another thread where I have been asking questions (without being aware of this thread). Maybe merging the information would make sense http://legalbeagles.info/forums/show...028#post673028

I can now see this was a £16k CCJ.

Di

[Diana M]

Re: Fake?

Does that fuzzy copy of the Attachment of Earnings application Order refer to the Judgment Debtor as Marlin Financial Services who were 'acquired' by Cabot in 2014?

Di

Is this a fake order I always thought it has to have a court stamp and I have not received a defence pack

[andrew wilson]

Re: Fake?

Does that fuzzy copy of the Attachment of Earnings
application Order refer to the Judgment Debtor as Marlin Financial Services who were 'acquired' by Cabot in 2014?

Di

I believe they are all one company and I have read some very bad tactics used by these companies to catch and trick people into things I'm saying its true of course,I phoned cab earlier and explained the situation they can't understand how if a judgment was made in 2008 why nothing was enforced they gave me a debt number to phone and said not to phone the court until I speak to them but time is running out and I want to here what they have to say because this doesn't seem right somehow

[andrew wilson]

Re: Fake?

As it is over 6 years old it will have fallen off your credit file and the register. They are supposed to obtain permission from the court to be able to enforce if they have done nothing for over 6 years - I'd give the court a call and ask them if permission was sought before applying for attachment of earnings. I'm not sure what you do if not, you must reply to the Attachment of Earnings. I'd certainly call the court and ask about the original judgment - do you know if it is even the same creditor ? ( to enforce judgment it must be in the same as the claimant unless they have applied to assign the judgment over)

I think it was one of there possible other company names. I don't totally understand this kind of thing and whats the correct procedure is ie getting permission can this judgment still be sent even without permission surly the court wouldn't allow it to be done without, as I said I don't know much about this but I'm suddenly learning alot but I do need to phone the court I find out what is going on and just can't understand why my file is clear given I have received this from the court

[Diana M]

Re: Fake?

I phoned cab earlier and explained the situation they can't understand how if a judgment was made in 2008 why nothing was enforced they gave me a debt number to phone and said not to phone the court until I speak to them

I'm pleased to see that the CAB are willing to give you legal advice on this £16k CCJ debt enforcement issue. They've given you a number to call so maybe that's the best thing to do.

Time is of the essence.

Without sight of the historical paperwork it's not possible to comment further.

At least you now know it was not a county court claim (fake or otherwise) which you received in the post.

Good luck with this

Di

[andrew wilson]

Re: Fake?

I'm pleased to see that the CAB are willing to give you legal advice on this £16k CCJ debt enforcement issue. They've given you a number to call so maybe that's the best thing to do.

Time is of the essence.

Without sight of the historical paperwork it's not possible to comment further.

At least you now know it was not a county court claim (fake or otherwise) which you received in the post.

Good luck with this

Di

So what is this actually classed as and should it have a court stamp

[Amethyst]

Re: Fake?

Threads merged. Thanks [MENTION=87380]Diana M[/MENTION];

[andrew wilson]

Re: Fake? - MC/MFS Attachment Earnings - 16k - old judgment

Just found some information not sure if its true, if this is the first enforcement then they can't do it after the 6 year period and as far as I'm aware it is the first one so I'm going to phone both parties to confirm it first the people I owe money to then I'm going to phone the court and ask how this has been possible if that is the case