CCJ and attachment of earnings threat

**Amethyst** · 13th January 2020, 16:54:PM

You need to apply to suspend enforcement (?if they have already applied for AoE - check when you call them if they have or not ) and set aside the judgment as you knew nothing of it until now and did not receive any documents as they were sent to an old address.

Also ask them to send you a copy of the claim form so you know what the original debt actually is. And ask who the judgment holder / claimant actually is. Robinson Way don't usually own a debt just manage admin for Hoist.? Ask them to put the enforcement process on hold while you get the info from them and the court, then you will consider your options regarding setting aside the judgment and whether, had you received it, you would have defended or made a settlement arrangement with them.

Applying promptly means from when you first knew of the default judgment - so you are fine to spend a few days getting the relevant info before applying.

If you know who the original creditor is it is worth sending a subject access request to them now as well - should help see if this was statute barred at the time the claim was issued ( if the judgment is march 2018 the claim may have been issued jan or feb 2018 so bear that in mind too )

**jaguarsuk** · 13th January 2020, 17:10:PM

You should write (email them) not phone them and tell them you did not receive the claim form, therefore have only just been made aware of the judgement. Ask them to consent to setting aside the judgement or else you intend to apply to the court to set aside the judgement pursuant to CPR 13.2 & 13.3.

Warn them that should they apply for an Attachment of Earnings Order you will apply for the application to be stayed and they be ordered by the court to pay the cost of the application to stay to you.

If they consent you will need to make an application to set the judgements aside and pay the fee (which depends on consent or not) for the application.

If successful you should ask the court to order them to pay you the costs of the fee back and then you'll have the opportunity to substantiate their claim, then decide whether you wish to defend or settle with them.

**Andyaero** · 13th January 2020, 18:59:PM

Thanks for that both, much appreciated and a great help.
I have emailed them requesting they postpone action due to the previous info I posted.
I received the following immediate response.........

Thank you for contacting Robinson Way. Where possible we will reply by email but please note that if you are not opted in to receive emails, for security and data protection purposes, our reply to you may be by letter.

We are currently experiencing high volumes of emails and therefore it is likely that our response will take slightly longer than the standard 5 working days. We apologise for this delay and we will aim to respond as soon as possible.

If your query is urgent, then you may contact us on......
..........

So, I won't get a return email as I won't be opted in. I am concerned re their letter stating in 10 days they'll commence action, if it takes them 5 days to respond that they'll just go ahead regardless.
What is their process for obtaining an AoE? I'm 20 years+ with my company, have a decent reputation and would rather my payroll dept are not involved in this!
Thanks again for the help so far............

**Andyaero** · 4th February 2020, 18:19:PM

So to update, they ignored everything and sent me a court application for an attachment of earnings, 14 days to reply! So they appear to just plan on steamrollering it thru, what do I do now?

**jaguarsuk** · 5th February 2020, 13:58:PM

Apply to set aside the judgement and send a witness statement in response to the application asking it be opposed due to your application to set aside, enclosing a copy.*

They have ignored your request, so all you can do is apply without consent.

CCJ and attachment of earnings threat

CCJ and attachment of earnings threat

Comment

Comment

Comment

Comment

Comment

Announcement

MONEY & DEBT

Court Claim ?