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Attachment of earnings threat

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  • Attachment of earnings threat

    Hi,

    My brother got himself into a mess with a some payday loans

    He recently got a ccj, I have agreed to pay it off (just over £600) within 30 days, to stop him harming his credit even more hopefully!

    I have already paid around half off, and still have a good 3 weeks to pay the rest which I plan to do once pay day comes around. Also the ccj agreed to pay monthly payments, and his first payment due date isn't until mid July so he hasn't missed any payments yet.

    However... a completely different company to who he has the ccj with is now harassing him via email (6 emails in the space of 4 days) and they now say he has 48 hours to pay the ccj off or they are contacting his employer for an attachment of earnings order.

    My brother has emailed them and asked them to prove they have the legal right to pursue this debt as he has never heard from them, no post or anything to say the ccj had changed hands (within a matter of days) however they don't seem to have anything and keep skirting around the question.

    Can they do this? Should he ignore them and let me pay it off within the 30 days but to the creditor named on the ccj?

    Will they contact his work? He's very worried as he doesn't want them to know about this at all

    Thanks for any help it is much appreciated.
    Tags: None

  • #2
    Re: Attachment of earnings threat

    Hi this must be distressing for him. They can not contact his employer for an attachment of earnings unless they applied to the court for this and it was agreed. Also what is the name of the debt collection company emailing him? They could be reported for harassing him with threats to contact his employer. The main point is not to speak on the telephone to them keep all communication by email for an audit trail should he need it if it goes to court. The payday loan is interesting because if this was unaffordable to him and he struggled with payments he could have made a complaint to get a refund. However this maybe difficult now with the CCJ I am no expert but check with Debt Camel on here they are good.

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    • #3
      Re: Attachment of earnings threat

      Thank you for your reply

      The name of the company is something like TM services or something similar (can't get in touch with my brother at the mo to find out)

      I had a bit of a Google and I read that they can't do and attachment of earning unless he misses a payment on the ccj?
      Is that correct?

      They have also sent him a copy of an N434 form?
      Does this legally mean we have to pay them and not the people registered on the debtor.

      Our problem is also that they want proof he has paid some already and I am dubious to send my banking screen shots to a company he hasn't had contact with before.

      I get paid on Friday so the rest will be paid off for him by then. But the question is do I pay the people on the ccj or this random company?

      Thanks for your help

      Comment

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