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Assistance Needed - Attachment to Earnings

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  • Assistance Needed - Attachment to Earnings

    Hi all, first post so I apologise if this is not in the best location - please feel free to move it.
    I need some help with a financial issue; some history:

    I took out a loan with my partner which was secured on a property we owned back in 2004 (I think), everything was fine until we broke up and sold the property in 2006. We then continued to make payments at 50% each (to cover the monthly payment equally). My ex then stopped paying, and the loan company came to me for the balance of the payment, which I couldn't make, but I did continue to make my payments at 50%. At some point thereafter (and I am a bit cloudy on the dates), I stopped paying as I could no longer afford to make them. Some time passes, and in 2010 I receive a letter from the local court whom have enforced an attachment to earnings, after a hearing that I didn't know about.

    The current situation:

    The attachment to earnings has been going through fine since it was put there. I have reached a point in my life where I need to move on, and so want to find out exactly what the situation is. I spoke with my payroll department to check what details they have. The only paper work I have is the letter from the court advising how much money the attachment is for, and a couple of random statements from the lender, but the values do not tally at all, so I have written to the lender and made an SAR under the DPA, and a request under the Consumer Credit Act. The lender replied initially replied to the DPA request but I heard no more until I chased them, and then they asked for proof of identification. They asked for proof of identification from the off for the CCA request. There have been letters back and forth between myself and the lender with all the information I can give them, but they continue to advise they cannot identify me. I have spoken to the issuing Court, and they to have written to the lender, and to the best of my knowledge have not had a reply. I have been to the CAB, and the only advise they can give me is to go to the issuing court and get them to turnover their judgement. I have completed an N244 form and am about to send it to the court, but just want to find out if I have any other options. I am not a stupid person (barring getting in to this situation), however the whole legal thing baffles me and I don't want to go and stand in court and look stupid.

    Any help you can give would be great, and I'm sorry for the length of this post.
    Tags: None

  • #2
    Re: Assistance Needed - Attachment to Earnings

    Something is wrong there!

    If the loan was secured against the property the solicitor should have made sure all charges against the property were discharged upon sale at the time and before any of you would receive the proceeds from the sale if there were any left.

    You need to obtain your files from the solicitor involved and check they had all the necessary paperwork before completing the sale of the house, if they did have it and failed to discharge all charges then you may have a claim against the solicitor.

    Comment


    • #3
      Re: Assistance Needed - Attachment to Earnings

      Thanks for the reply Ian. I'm pretty sure there wasn't any money left once the property was sold to repay the loan secured on it, and I can't remember who the solicitors or estate agents were anyway.

      Because I've never done this legal thing before, I'm looking for support in the process really; someone to help me through or give advice. I'm going to be sending the N244 form off tomorrow, once I have all the paper work sorted. BTW, the company in question is Welcome Finance, I'm not sure if that has any bearing on the matter though.

      Comment


      • #4
        Re: Assistance Needed - Attachment to Earnings

        Thanks for the reply Ian. I'm pretty sure there wasn't any money left once the property was sold to repay the loan secured on it, and I can't remember who the solicitors or estate agents were anyway.

        Because I've never done this legal thing before, I'm looking for support in the process really; someone to help me through or give advice. I'm going to be sending the N244 form off tomorrow, once I have all the paper work sorted. BTW, the company in question is Welcome Finance, I'm not sure if that has any bearing on the matter though.

        Comment


        • #5
          Re: Assistance Needed - Attachment to Earnings

          Send a SAR to Welcome Finance as soon as you can and get any paperwork that you already have and get it into date order while you wait for Welcome to reply.

          There are also Civil Procedure rules you can use to obtain any specific documents from Welcome for the hearing but someone else will come along and tell you those, you can also ask for an adjournment while you contest the amount being claimed.

          Have you checked if there is any PPI on the loan that you can claim back against the balance they say you owe?

          Is the loan agreement enforceable?

          Has the loan been re-written to hide the PPI on the original loan?

          Also, if the house was sold and there were insufficient funds to pay the loan to Welcome then the loan becomes unsecured as you have no property, they cannot transfer the security onto another property you own but they can obtain the AEO but, usually they have to lie to a court to get it which is why it is important to obtain all your paperwork from them and have it checked over for errors etc.

          Comment


          • #6
            Re: Assistance Needed - Attachment to Earnings

            Thanks again. I have sent Welcome an SAR and have asked for a copy of my original agreement as per the CCA, however they are unable to locate any records for me at all. I have copies of every letter I have sent them and the replies I have received; copies of which will be going to the court for the hearing.

            Do you know if I am under any obligation to invite the claimant (Welcome) to the hearing? It asks on the N244 form, so I assume not?

            Comment


            • #7
              Re: Assistance Needed - Attachment to Earnings

              Originally posted by Noob View Post
              I'm pretty sure there wasn't any money left once the property was sold to repay the loan secured on it ...
              We then continued to make payments at 50% each (to cover the monthly payment equally). My ex then stopped paying, and the loan company came to me for the balance of the payment, which I couldn't make, but I did continue to make my payments at 50%.
              You seem unclear - was the loan not fully repaid on sale of the property?

              Comment


              • #8
                Re: Assistance Needed - Attachment to Earnings

                The loan was not fully paid when the property was sold. The only uncertainty I have is if there was any money put toward the loan when the property was sold.

                Comment


                • #9
                  Re: Assistance Needed - Attachment to Earnings

                  Originally posted by Noob View Post
                  Thanks again. I have sent Welcome an SAR and have asked for a copy of my original agreement as per the CCA, however they are unable to locate any records for me at all. I have copies of every letter I have sent them and the replies I have received; copies of which will be going to the court for the hearing.

                  Do you know if I am under any obligation to invite the claimant (Welcome) to the hearing? It asks on the N244 form, so I assume not?

                  If Welcome are unable to locate any records for you then what paperwork did they use in court to obtain an AEO?

                  Comment


                  • #10
                    Re: Assistance Needed - Attachment to Earnings

                    I have no idea, as I wasn't there, sorry.

                    Comment

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