attachment of earnings

[yugioh99]

Good morning
2 years ago cel won a case against mbna/ brittacina over a cc debt.however we never recived any papers(dont know if we should have) saying this was the case. We have been recieving letters for 3 months from moorgate saying we have ignored the debt and last week an AOE came through post from our local court giving 14 days or baliffs/jail
Help?

[Kafka]

Re: attachment of earnings

You should be posting this on your original thread rather than starting a new one, otherwise people can't see the history.
http://www.legalbeagles.info/forums/...e-for-3k/page4

[yugioh99]

Re: attachment of earnings

Good morning Kafca
When i click your link i get the message i dont have permission?
Kind regards
Dave

[Kati]

Re: attachment of earnings

Good morning Kafca
When i click your link i get the message i dont have permission?
Kind regards
Dave

That's because it's in the VIP section If you carry on posting on this thread you'll get advice from the Beagles x

[FlamingParrot]

Re: attachment of earnings

Good morning
2 years ago cel won a case against mbna/ brittacina over a cc debt.however we never recived any papers(dont know if we should have) saying this was the case.

Good morning
I have gone back to the original thread and found this:

Ding Dong - Guess who couldn't comply with the order to disclose.....

They want to withdraw their claim now!

and

don't know what happened there!.But over the last few weeks of speaking to cel and her obvious passion and drive for cases such as mine, gave us renewed hope bordering on confidence that this result could be possible.When I received the call on Monday I couldn't believe it,In fact if truth be told I had a little cry.The whole concept of this forum and what you guys do is little short of amazing and I will never be able to thank you enough.As I said to cel, I wont leave the forum and hope in some little way further down the line iam able to offer some kind of advice to help someone out.Long live the beagles xx

Going from what I can see there, they got default judgment and you applied to have it set aside. One thing to be aware of is that if default judgment is set aside, the claimant can re-issue the claim. From what I see above, they probably issued a new claim and for some reason you were not aware of it. Have you moved house since then? :noidea:

We have been recieving letters for 3 months from moorgate saying we have ignored the debt and last week an AOE came through post from our local court giving 14 days or baliffs/jail
Help?

Was it a form N56 like this one? http://hmctsformfinder.justice.gov.u...s/n056-eng.pdf

AoE, bailiffs and jail are three separate things. If you heard from the court it means they have a CCJ against you, otherwise they couldn't apply to the court for an AoE or anything like that. Have you checked the registry of judgments recently? http://www.trustonline.org.uk/search-yourself Are you sure this is for the same debt you got judgment set aside back in 2013? Her e you gave the impression you had other debts, including one subject to a charging order.

me and my partner got into financial difficulty 6 years ago,had a dmp and everything was going ok,but eventually with the cost of living,hubby on reduced time at work,fam credits stopping etc we stopped paying in November.We had a large loan with abbey (15,000) which went to court via DLC and judge set it at 80 per month(charged on property) which we pay every month without fail.however I have an outstanding £3,000 cc with mbna which got passed onto arden without our knowledge,and today we have received Northampton court papers from Britannica recoveries sarl-mortlake given me 14 days to reply.Please help us x

It would help if you could post up what you received from the court, because the N56 doesn't threaten bailiffs or jail. If a judgment creditor obtains an AoE they have no cause to enforce the judgment with bailiffs. On the N56 it is possible to request a suspended order by ticking a box, it's at the very end of the form, under item 10, where you'd also make an offer of repayment. The most common reason for requesting a suspended AoE is because an AoE order could potentially affect your employment.

A judgment can also be enforced with a warrant to send bailiffs but you'd receive a notice of enforcement giving you at least 7 days (excluding Sundays and BHs) before any bailiff visits you and you can apply to suspend a warrant using an N245 form.

Sending you to jail is not an option unless the debt was for something like council tax, and even then is a last resort. You may have received communications asking you to appear in court for questioning about your means and saying that if you fail to respond you could be arrested and brought to court or something to that effect rather than jail as such. Once more, we'd really need to see what they've sent you. :typing:

[yugioh99]

Re: attachment of earnings

Thank you FP
I will post copies as soon as poss..all this upset over debt has caused my marrige to break down and were no longer together..but still on apeaking terms and i do want to help
Regards
Dave

[FlamingParrot]

Re: attachment of earnings

Oh dear, that's terrible. Debt should never get in the way of relationships or family life, the bar steward creditors are just not worth it! :nono:

[FlamingParrot]

Re: attachment of earnings

Good morning Kafca
When i click your link i get the message i dont have permission?

Amethyst has very kindly moved the thread back into the public area: http://www.legalbeagles.info/forums/...e-for-3k/page4 :yo:

[Celestine]

Re: attachment of earnings

Hello Yugi!

Sorry for the delay replying....I've had my hands very full with a now 8 month old baby....who loves escaping at speed!

OK, so this case was successfully resolved in June 2013. Even though it was with my old law firm, I have still retained a copy of your file, so I'm happy the case was fully concluded.

What seems to have happened is Brittannica Recoveries have sold your debt onto 'Moorgate' though I suspect it's Moorcroft without telling them about the debts chequered history. I suspect a contact to them to highlight this history may assist in persuading them to set aside this default judgment but you're probably going to need some help.

So, do you recall receiving a claim form? A letter assigning debt from Brittannica to Moorcroft?

[Celestine]

Re: attachment of earnings

Correction! I can see your referring to MORTLAKE not Moorgate, as in Brittannica Recoveries SARL - Mortlake

So looks like your debt wasn't sold, it was reissued for some reason? You definitely need to find some paperwork, but I will try and arrange a chat with you next week and hopefully a call to them also.

[yugioh99]

Re: attachment of earnings

Thanks Kate..really appreciated

[yugioh99]

Re: attachment of earnings

Help?

[FlamingParrot]

Re: attachment of earnings

Help?

[MENTION=2]Celestine[/MENTION] should be able to help. :yo:

[yugioh99]

Re: attachment of earnings

Please help..they have sent a cca from 1999 ..i assumed this case was closed??
Anyone?

[nemesis45]

Re: attachment of earnings

Please help..they have sent a cca from 1999 ..i assumed this case was closed??
Anyone?

It would help if you could post a copy of the agreement here after removing all personal identifiers
so we can at least see if the agreement has any merit.

nem