PLease urgent help!! attachement of earnings

[nafta]

HI, I need some urgent advice.

Before I came to this forum I wrongly ignored court papers. I however dealt with them when I received the ccj. trying to avoid an attachment of earnings and sent an copy of income and expenditure together with N56 to court over the xmas period. However for some reason they said that it not arrived on time and sent to local court for attachment of earnings.
I recevive a letter from them asking me to fill in some details and I returned it a day or two late but when I phoned the court they said it would not matter too much as they were behind.

The thing is that last week I was called by admin person saying that they had received a letter from the court regarding the attachement of earnings. so I thought ok that is it.

Well not really as today I ve received this letter dated 18th January. I have attached it here.

My questions are:
1- the first time I was given the ccj the court decided for me to pay £50 a month. Unfortunately with Xmas madness i forgot so i missed the first payment hence the attachment. But when I responded to N56 I offered £31 based on income and expenditure. Now the court says I have to pay £188 a month?

2- it says if I keep payment my employer wont be told about the attachment. But my employer already knows. and the first payment I am supposed to make is not till End of February?

3- Can I change the amount to at least the original £50 as I dont know how this court can decide on the amount of £188.

4- it says I have 16 days from date of letter. I have only received it today?????

[Diana M]

Re: PLease urgent help!! attachement of earnings

Your upload shows a Suspended Attachment of Earnings Order.

This should mean that the court made an Order but also Suspended it at the same time so it won't kick in unless you break the terms of the Order.

i can't comment on the terms of the order because I can't read it (the image is fuzzy wuzzy).

It's also not clear from your post whether you have made an Application to Vary the original CCJ which may be an option for you.

Di

[nafta]

Re: PLease urgent help!! attachement of earnings

[MENTION=87380]Diana M[/MENTION] thank you for your post.

It is a suspended Attachment of Earning Order indeed.

So back in December I got a letter from the court ordering me to pay £50 a month till debt was payed. I stupidily forgot to make the payments. so the court sent me a N56 which I returned asking to lower my offer to £31 a month
Then I received a letter from the court saying I had not replied in time so they were sending the case to local court for attachment of earning.
I then receive a letter from local court asking me to fill in some gaps in my N56 which I did and returned.

Now the next thing I hear is a letter for request of statement of earning has been sent to my employer dated 16th January.
Today I receive this other letter saying I must make monthly payments of £188 a month to avoid the attachment of earnings

The letter says (sorry I will attache a better copy later tonite) that if any part is not happy with the arrangement I must write to the court with my reasons and a hearing will take place.

Ok, so I know now that there is not as yet an attachment of earnings as I requested for it not to happen. However they have ignored my offer of payment and have made it 6 times bigger????
I don't want to have to attend a hearing and I have to pay but any chance of getting this payements lowered? the original order was for £50. who decides on this amounts and how?

The letter says also that my employer wont be told and order has been made against me but my employer had already been contacted 2 days prior to this letter being typed?

nafta

[ploddertom]

Re: PLease urgent help!! attachement of earnings

A lot will depend on what you put on your form about Income & Expenditure. Do you have a Sky Subscription - if so & it includes any more than the basic package you will be expected to reduce it. Other payments you make will also be considered and it may be expected you lower these to the bare minimum - Credit Cards & Store Cards for instance.

[nafta]

Re: PLease urgent help!! attachement of earnings

[MENTION=26498]ploddertom[/MENTION] thank you for your response.
So there is no way for me to lower this payments? and how does the first court come up with the figure of £50. My income and expenditure was done with the help of Nationaldebtline . they sais the court would accept my amounts as they were fair?
The N56 I had to returned only had my income my husbands DLA and our rent, phone and other bits and pieces. NO sign of non-priority debts.

[ploddertom]

Re: PLease urgent help!! attachement of earnings

If you showed DLA on it as Income did you also show the same amount as expenditure? This is what I usually use for I&E https://nedcab.cabmoney.org.uk/quickfs.asp but also know a lot of the Courts will only accept their own sheet. Confusing or what.

[nafta]

Re: PLease urgent help!! attachement of earnings

If you showed DLA on it as Income did you also show the same amount as expenditure? This is what I usually use for I&E https://nedcab.cabmoney.org.uk/quickfs.asp but also know a lot of the Courts will only accept their own sheet. Confusing or what.

[MENTION=26498]ploddertom[/MENTION] thanks for the link!
It is sooo confusing! When I filled the N56 I wrote on the form to see forms attached as there was little room for anything in there. That must have been my first mistake!! I did put down the DLA as income and I put it on expenditure as adult care costs. The things is that they have not looked at the forms I sent so they have they just said she earns so much their rent is so much so she pays £188. they dont know what costs I have with two children etc.

I guess my question here is can I ask the court to revise the payment without having to attend a hearing? IS there a form I can fill in asking the court to accept a lower offer? I have only 16 days from date in letter and letter was dated 18/01/2017

[ploddertom]

Re: PLease urgent help!! attachement of earnings

You may ask at any time for it to be varied although I am not too sure which form you use. Normally to apply for a Variation Order you would us Form N245 - cost £50 or this may be classed as a Re-Determination for which you may have to use Form N244 - cost £255 or £100 without a Hearing. In both cases you may qualify to have the costs waived in part or in full for which you will need Forms EX160a & EX160c.

Hopefully others can guide you as to which route you need.

[nafta]

Re: PLease urgent help!! attachement of earnings

[MENTION=87380]Diana M[/MENTION] is looks like this is one `I am going to have to admit defeat? Or in this circumstances I can do a variation order which seems to be the cheapest one?

[Diana M]

Re: PLease urgent help!! attachement of earnings

I can't answer that but I can ask whether you own your home (albeit mortgaged or possibly jointly owned) to try to establish the overall situation you face?

Sometimes a creditor with a CCJ will choose an AOE for enforcement in preference to a Charging Order if there are no assets. Since October 2012 a Claimant can obtain a CO on a property for any CCJ over £1k. (This makes me mad as hell but that's another story.)

You have another thread with your other debts so maybe @Debt Camel will be able to offer a holistic view since those other debts appear to be relatively recent (i.e. not opened before April 2007).

Di

[nafta]

Re: PLease urgent help!! attachement of earnings

I can't answer that but I can ask whether you own your home (albeit mortgaged or possibly jointly owned) to try to establish the overall situation you face?

*I have no assests

Sometimes a creditor with a CCJ will choose an AOE for enforcement in preference to a Charging Order if there are no assets. Since October 2012 a Claimant can obtain a CO on a property for any CCJ over £1k. (This makes me mad as hell but that's another story.)

You have another thread with your other debts so maybe @Debt Camel will be able to offer a holistic view since those other debts appear to be relatively recent (i.e. not opened before April 2007).

Di

Two credit cards were opened in 2007. the last one was 2013.

- - - Updated - - -

sorry , and I have to say I have no assets.

[Debt Camel]

Re: PLease urgent help!! attachement of earnings

Could you list all your debts, saying for each what sort of debt, when account was opened, how much is owed, when you last think you made a payments to it, what stage any legal proceedings are at.

What advice were you given about bankruptcy? There is no reason why you can't go bankrupt and have a self emplyed job. NB I'm not saying it is a good idea, but an AoE will leave you little room to manoevre to stop other creditors taking you to court.

[nafta]

Re: PLease urgent help!! attachement of earnings

Thank you [MENTION=48934]Debt Camel[/MENTION] for your advice. I m at the moment writing creditors requesting CCA so I know where I stand with them.Hopefully the cannot produce one and that will give me some breathing space so I can deal with so many other issues. I am currently preparing for an appeal for my husband's PIP. like many others he has lost the high rate mobility and therefore the car
However I will put all that information on paper and see where we go from there?