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N56 Form Help

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  • N56 Form Help

    Hi All,

    In need of some advice please, to cut a long story short due to a change of address I never had the chance to respond to a CCJ from Restons around a Vanquis CC I had years ago, I would agree to pay it monthly and I only found out about by randomly checking my credit file. Restons are sending me an N56 form which I will fill in and make a reasonble monthly offer, do I have any chance of getting this set aside if I didnt know about it? Had I received any letters from them I would have sorted this long ago and it;s going to kill me being on my credit report.

    Also theres absolutely no way my employer can find it, it would possibly cause disciplinary action so if I mention this in section 10 are they likely to ignore my request to have it suspended?

    Also it's worth mentioning that on the letters I didnt receive they where asking for £49.26 a month, which I would have paid, If I offer £75 a month and ask for it to be suspended is this likely? I really dont want tto let this get as far am my employer
    Last edited by jaydav6032; 22nd March 2016, 09:04:AM.
    Tags: None

  • #2
    Re: N56 Form Help

    Originally posted by jaydav6032 View Post
    Hi All,

    In need of some advice please, to cut a long story short due to a change of address I never had the chance to respond to a CCJ from Restons around a Vanquis CC I had years ago, I would agree to pay it monthly and I only found out about by randomly checking my credit file. Restons are sending me an N56 form which I will fill in and make a reasonble monthly offer, do I have any chance of getting this set aside if I didnt know about it? Had I received any letters from them I would have sorted this long ago and it;s going to kill me being on my credit report.

    Also theres absolutely no way my employer can find it, it would possibly cause disciplinary action so if I mention this in section 10 are they likely to ignore my request to have it suspended?
    Good morning,

    County Court For N56 is a reply to an attachment of earnings order, have you received a an order from the court.
    Or would this have been sent to your previous address?
    Was the order issued as a suspended order?. If not I suspect your employer ( if the claimant is aware of your employers name and address) may have already received the AOE.

    nem
    When was the judgement made? Is the judgement in the name of Cabot?

    - - - Updated - - -

    Originally posted by jaydav6032 View Post
    Hi All,

    In need of some advice please, to cut a long story short due to a change of address I never had the chance to respond to a CCJ from Restons around a Vanquis CC I had years ago, I would agree to pay it monthly and I only found out about by randomly checking my credit file. Restons are sending me an N56 form which I will fill in and make a reasonble monthly offer, do I have any chance of getting this set aside if I didnt know about it? Had I received any letters from them I would have sorted this long ago and it;s going to kill me being on my credit report.

    Also theres absolutely no way my employer can find it, it would possibly cause disciplinary action so if I mention this in section 10 are they likely to ignore my request to have it suspended?
    Good morning,

    County Court For N56 is a reply to an attachment of earnings order, have you received a an order from the court.
    Or would this have been sent to your previous address?
    Was the order issued as a suspended order?. If not I suspect your employer ( if the claimant is aware of your employers name and address) may have already received the AOE.

    nem
    When was the judgement made? Is the judgement in the name of Cabot?

    Comment


    • #3
      Re: N56 Form Help

      Hi Nemesis,

      I'm not sure of the dates but I have spoken to Restons and they have said that the next action on my account is the 20th April, which would be a bailiff serving the N56 form, Restons are sending me the N56 yesterday and I will fill it in and saend it back to them, they have said that they will talk to the court and explain what happened, due to change of address I havent reveiced any paper work whatsoever, and I dont think they know who my employer is yet until I respond on the N56 form. So I dont think my work have been approached yet.

      I just wondered if you stipulate in section 10 that it could threaten my job will they take this seriouslty? Apparently when restons send the form that resets the time scales and I have 8 days to get it back to them , I phone and e-mailed the court explaining and had no response so I went direct to Restons.

      Should i just fill the form in make an over offer above what was originally asked and fill in section 10 for a suspended order?

      Comment


      • #4
        Re: N56 Form Help

        Originally posted by jaydav6032 View Post
        Hi Nemesis,

        I'm not sure of the dates but I have spoken to Restons and they have said that the next action on my account is the 20th April, which would be a bailiff serving the N56 form, Restons are sending me the N56 yesterday and I will fill it in and saend it back to them, they have said that they will talk to the court and explain what happened, due to change of address I havent reveiced any paper work whatsoever, and I dont think they know who my employer is yet until I respond on the N56 form. So I dont think my work have been approached yet.

        I just wondered if you stipulate in section 10 that it could threaten my job will they take this seriouslty? Apparently when restons send the form that resets the time scales and I have 8 days to get it back to them , I phone and e-mailed the court explaining and had no response so I went direct to Restons.

        Should i just fill the form in make an over offer above what was originally asked and fill in section 10 for a suspended order?
        Yes a section 10 statement " impact on employment " will be taken seriously because if you lose your job they wont get paid at all.


        nem

        Comment


        • #5
          Re: N56 Form Help

          Thanks for your help, I was also considering getting it set aside and if it's possible to start the process again as I never had the paperwork, and if I had the choice I wouldn;t want this on my credit file

          Comment


          • #6
            Re: N56 Form Help

            Originally posted by jaydav6032 View Post
            Thanks for your help, I was also considering getting it set aside and if it's possible to start the process again as I never had the paperwork, and if I had the choice I wouldn;t want this on my credit file
            The original default would have been registered with credit reference agencies and then updated by the debt purchaser when it acquired the debt.

            With set aside you will need to have a defence that has a reasonable chance of success against the original claim as well as a valid reason for the application, not receiving the court claim pack is reason enough.

            If you do get the judgement set aside, there is an opportunity to have a payment arrangements " secured" by a Consent (Tomlin) Order, whereby the agreed payment plan is subject to an order sealed by the court and no CCJ is recorded and as long as the agreed payments are maintained the court claim is stayed.

            nem

            Comment


            • #7
              Re: N56 Form Help

              If this is at the N56 stage though do I still have time to get it set aside??

              Comment


              • #8
                Re: N56 Form Help

                Originally posted by jaydav6032 View Post
                If this is at the N56 stage though do I still have time to get it set aside??
                This stage is for you to answer the AOE and state why you oppose it i.e. potential impact on employment.
                The claimant will consider your response and the action they wish to take.

                Are you considering getting the judgement set aside?

                nem

                Comment

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