Notice of Application for Attachment of Earnings Order

[pluto]

Hello everyone! I am new to this forum and hope you can help me. In brief: June 2013 a Default Notice from Britannica/Moorgate for a loan of £ 2535.00. The A/C was transferred to" Idem" in Aug. 2014 and then purchased by Arrow Global Ltd" in Dec. 2015. "Arrow" instructed Restons Solicitors in July 2016. On the 10th July 2017 I received a " Notice of Application for Attacment of Earnings Order" from the C.C.M.C.C. I called the Court and I was told that I have a CCJ registered in Aug. 2016. The Claimant is Restons Solicitors. I did not received the paperwork from the Court and was unable to defend myself. I was away from home on and off for a few month in the summer of 2016 looking after my elderly father and I have had problems with missing post for a few years now. I live in a block of flats. In fact, I received only yesterday a letter from Restons Solicitors dated May 26 2017. I replied to the Attachment of Earnings Order on 19th July 2017 by email as suggested by the clerk at the Court ( 19th was the last day) and only completed part of the form ( name and ticked box for unemployment). I also attached to the order a copy letter, which I sent the same day to " Arrow", Re: Notice under CPR Part 7 - Practice Direction 7B, paragraph 10.2 which was suggested on a different forum.
Today I received in the post from the C.C.M.C.C. a Notice of Transfer of Proceedings to local County Court for not filing the N56 from within the specified time. How should I proceed next? many thanks for your help.

[pluto]

Re: Notice of Application for Attachment of Earnings Order

Hello again...since my previous post on 07/08/17 the Court has dismissed the AEO on the basis of " unemployment". I have now received a further letter from Restons solicitors asking me to complete the financial statement failing which the matter may be returned to court for further enforcement. Do I have to disclose all my finances to them? I own my house. What would be the best course of action at this stage? Can I invite the Claimant to consent to "set aside" is I am able to pay most of the debt?
Your help would be much appreciated as I need to respond in the next couple of days..
thanks

[pluto]

Re: Notice of Application for Attachment of Earnings Order

anyone available please......thanks

[MIKE770]

Re: Notice of Application for Attachment of Earnings Order

Set Aside Application |

- - - Updated - - -

others will advise over the next few days as a bank holiday

[pluto]

Re: Notice of Application for Attachment of Earnings Order

My deadline is tomorrow for completing financial statement. Would very much appreciate if someone could take me through my options at this stage.
many thanks

[ploddertom]

Re: Notice of Application for Attachment of Earnings Order

This isn't my bag but the only way I would provide this is if ordered by the Court. Personally I would tell them to do one.

[jaguarsuk]

Re: Notice of Application for Attachment of Earnings Order

I know this is a little late as I have only just seen this, but I wouldn't provide any financial details to them. If the AOE was going on and you refused to disclose the info they could request a warrant be issued to bring you to court to force disclosure. As you're unemployed I don't see how exactly they are going to get you back to court, the ability to make you disclose financial information is done as part of the AOE order process and as it's dismissed they're out of luck on that front.

As you own your home they can apply to the court to have a charge placed on your property and that would mean that when you sell the property the amount must be settled before you receive any proceeds. It costs £100 and this would be added to the judgement. If they get a charging order they could further apply to the court for an order to force sale, so it's very serious. More about charging orders here: https://www.citizensadvice.org.uk/de...arging-orders/

Because they don't know you own your own home I'd imagine they'll apply for enforcement by the bailiffs next.

[Diana M]

Re: Notice of Application for Attachment of Earnings Order

the Court has dismissed the AEO on the basis of " unemployment". I have now received a further letter from Restons solicitors asking me to complete the financial statement failing which the matter may be returned to court for further enforcement. Do I have to disclose all my finances to them? I own my house. What would be the best course of action at this stage? Can I invite the Claimant to consent to "set aside" is I am able to pay most of the debt?

If you didn't receive the claim form (because you were away) then an Application to set aside the Default Judgment (CCJ) may be appropriate. It's harder to succeed if the claim was actually served at an address where you were living even if you were absent for a period of time unless you can prove that (plane tickets, witness statement from 3rd party, hospital stay etc).

Once set aside then you would be in a position to file a Defence. Do you have reason to believe that you would have a Defence to the claim?

Once the CCJ is removed you could send a s.77 CCA Request to Arrow because you say this was a loan. (Glancing at your first post the Claimant may have assignment issues.)

You say that Restons' letter refers to a potential return to court for "further enforcement" which may include a Charging Order on your home since the CCJ is for more than £1k (the limit set in October 2012).

They've failed in their attempt to get a AOE because you are unemployed so perhaps they've sent you the Financial Statement Form to check if you have any assets. You are not obliged to complete that form.

If it's a Default Judgment (CCJ) does it say "forthwith" (pay the whole lot) or is it an instalment Order? Either way you can make an Application to the court to Vary the Order to instalments you can afford.

You now need to decide whether you want to get the CCJ set-aside (if you have likely prospects of success) or make an Application to Vary, or do-a-deal with Restons to prevent a CO.

Di