Hello - received a notice of attachment of earnings order

[dollydaydream1976]

Hello

I'm wondering if anyone can possibly help, I received a notice of attachment of earnings order today - it has arrow global guernsey on it as the judgment creditor and shoosmiths llp as the person to pay - I have no idea what the debt is or could be? I consolidated all my debts years ago and paid them off so I am very confused and not sure what to do next? and have had no correspondence about it so I'm a tad stressed and confused - cheers

[MIKE770]

Re: Hello - received a notice of attachment of earnings order

[MENTION=87380]Diana M[/MENTION]

[dollydaydream1976]

Re: Hello - received a notice of attachment of earnings order

Hi - is there anyone that can help me possibly please?

[MIKE770]

Re: Hello - received a notice of attachment of earnings order

at this stage I would ring Shoosmiths and ask them what it is all about , and if true you have had no correspondence relating to the said alledged debt, from that need to inform this site and possibly a set aside application can be made subject to what the case was about? very strange you state know nothing about yet they write to you at this stage yet seems no other court papers or correspondence???????????????//


do not be pressured to any admittance on the phone just ask for all the details of this ALLeged debt ( no admittance) try and dial 151 to stop them getting your home number?? if that still works!

[dollydaydream1976]

Re: Hello - received a notice of attachment of earnings order

I have been stressing all weekend about what it could be & how to deal with it - I will ring them tomorrow and ask & go from there - thank you

[nemesis45]

Re: Hello - received a notice of attachment of earnings order

I have been stressing all weekend about what it could be & how to deal with it - I will ring them tomorrow and ask & go from there - thank you

Meanwhile Check your credit files to see if anything is showing. You can check Noddle or Clear Score Free Online.

nem

[dollydaydream1976]

Re: Hello - received a notice of attachment of earnings order

I will do that now - cheers

[dollydaydream1976]

Re: Hello - received a notice of attachment of earnings order

ok so I have checked and there is nothing on my credit rating - everything is clear - apart from one old paid CCJ that's due to come off in 4 months - I'm not sure what that means in terms of this letter mind

[Diana M]

Re: Hello - received a notice of attachment of earnings order

I received a notice of attachment of earnings order today - it has arrow global guernsey on it as the judgment creditor and shoosmiths llp as the person to pay - I have no idea what the debt is or could be?

Have you received an Application for an Attachment of Earnings from the court with a Form N56 to complete?

If so you need to deal direct with the court. Don't ring Shoosmiths solicitors at this stage.

You can read about AOE here >
https://www.nationaldebtline.org/EW/...gsorders.aspx#

If the Claimant has not sought to enforce the CCJ (if it exists) for six years or more then they would have to make an Application to the court for permission first.

Don't panic yet.

Di

[Diana M]

Re: Hello - received a notice of attachment of earnings order

I should have asked you if you've moved house in recent years.

As Mike770 pointed out if you never received any court claim or paperwork at the time of the CCJ then you may have the opportunity to make an Application to have the CCJ (which Shoosmiths want to enforce with an AOE) set aside.

Ask the court to provide you with the Case Details and any Default Judgment if one was obtained which you didn't know about.

Does the AOE court document state the sum of money sought so you can see if that rings any bells?

Are you employed? Because if you're self-employed, on benefits or a Director of your own company then an AOE is not appropriate anyway.

Di

[dollydaydream1976]

Re: Hello - received a notice of attachment of earnings order

Hi
I haven't moved & I do work & yes it has an N56 attached to it so I need to ring the court or write to them?

the amount is £788 & no bells ringing at all - I just wonder if its a very old credit card I might have missed from years ago :O but I was sure I paid them all

[MIKE770]

Re: Hello - received a notice of attachment of earnings order


n244-eng.pdf (PDF 75KB) Use if advised to go ahead and request set aside with good reason!?

[dollydaydream1976]

Re: Hello - received a notice of attachment of earnings order

n244-eng.pdf (PDF 75KB) Use if advised to go ahead and request set aside with good reason!?

Thank you

lord this is all a minefield mind isnt it :0

[nemesis45]

Re: Hello - received a notice of attachment of earnings order

Thank you

lord this is all a minefield mind isnt it :0

There will loads of help here for you to guide you through the process!

nem

[Diana M]

Re: Hello - received a notice of attachment of earnings order

I haven't moved & I do work & yes it has an N56 attached to it so I need to ring the court or write to them?

the amount is £788 & no bells ringing at all - I just wonder if its a very old credit card I might have missed from years ago

You only have 8 days to return that Form N56 to the court so you need to work fast on finding out the backstory of this CCJ.

Call the court because you don't have time to write.

If there has been no contact from the Claimant (or their agent/solicitor) and/or no attempt to enforce the CCJ in the last six years then I expect they would need to make an Application to the court for permission to make an Application for an AOE. If that makes sense.

Ask the court if the Claimant has done that.

If you contact Shoosmiths and permission is/was needed for the AOE Application they will simply file an immediate Application for permission to remedy the situation.

If you discover that the Claimant is entitled to make the AOE Application then you'll see on the Form N56 there's an option for you to to request that any Order made be Suspended which means that your employer won't know you owe anyone any money (if you do) and won't be obliged to deduct anything from your salary. You'll need to give a good reason for the privacy/secrecy.

If you discover the CCJ was granted without your knowledge and you would have had good prospects of success if you had been given the opportunity to defend the claim at the time, then you may be able to make an Application for a set aside which should frustrate the AOE Application.

In short you need to find out what this CCJ is/was asap.

Di