Thanks, The interest would be more than the pension contributions but bits less hassle than going to court. Ill decide this week..much appreciated

The pension contributions wasnt listed on the initial grievance. This coudnt be calculated until the greivance was won and the arrears were calculated and an offer of payment was recieved. This was ammended and the offer increased to what i was expecting but i feel interest should be awarded as this would have been in my account over the years. i would assume that i could raise another grievance for the pension contributons but im guessing you think court would be the only option for any interest awarded? Thanks for the reply.

Yes. I did my own calculation and requested a re-check as there initial offer was incorrect. Its is to do with % performance pay rises in addition to the company wide pay rises so it has been a 10 year knock on effect of being incorrect a long time ago.

Yes this was an internal grievance hearing and thanks for the reply

After a grievance hearing, I have been awarded a back payment of around £22k from my employer which was due to them not carrying out annual reviews and being denied the opportunity. Where do I stand on claiming any missed pension contributions and also any statutory interest payment? The company say they do not pay interest on the arrears?

Many thanks.

Can anyone help me with the completion of the N349 Form? Most of it is self explanatory but I just want to double check. The bits that show the ******** are the parts I need to complete: am I correct in these part are the following :- given on ***10 August *** 20**19 [by the **County Court of Manchester***** in claim no. **01ABC123*******] and the costs of this application). Also, I escalated this to an attachment of earnings which has been given but suspended so he has to pay it directly unless he defaults. He is to pay £40 per month from a debt of £1700+ so I know this wont happen. I do know he has funds in the bank so this is why I want to do the third part debt order. Should I keep it to the County Court of Manchester (where the AOE was awarded or the County Court OnLine where the CCJ was done? The [claimant] [defendant] (‘the judgment creditor’) applies for an order that the third party pay to the judgment creditor the debt which the third party owes to the [defendant] [claimant] (‘the judgment debtor’) (or so much of it as is necessary to discharge the amount owing under the judgment or order given on ************ 20**** [by the ******* in claim no. **********] and the costs of this application).

Ok thanks. Not sure if that would be any more beneficial as he literally has no possession of value so if he defaults on any plan, I would be in the same boat... I do know he has avoided paying rent on purpose to save for another place to live so maybe a Third party debt order before he goes may help get something back as well as the AOE.

Sorry , my mistake in the language / terminology. The possession order attached shows the money amount. so its how I go about getting this from him ( £1800 of it is already included in the CCJ which led to the AOE) much appreciate the time

Ok but am I correct in thinking that the eviction warrant would not be enforceable for the debt? ie he will be evicted but they have no power to collect the debt? he has no possessions of value so it will to be another AOE but wont this require a CCJ first?

just to add to the above. I have just logged in to PCOL and the eviction warrant will be served on the 14th January 2020,

Sorry, but I don't quite understand what you mean or if I made myself clear. The CCJ was awarded back in August and no payments were made so I applied for the AOE which was completed although suspended this week. The possession hearing was done in October by which time the rent arrears had increased and therefore the judge awarded the full rent arrears and court fees on the warrant even though half of it was already under the CCJ at the time. So as it stands, I want to either add the remaining or full amount to the AOE or go for another CCJ or 3rd party order. if I can indeed add it to the existing AOE then fine but how do I go about it with regards to forms etc. sorry if I sound confusing

ok, can you help me in how to do that? which forms etc?

Going forward in relation to the increased debt: The total debt owed is £3300 and this includes the AOE which is £1880. Can anyone help on the best way to try and get the rest of the debt? The possession hearing awarded the total debt and court fees so do I have to go the put another money claim on-line for the difference?

Ok thanks. do you have any templates for the letter. I can add my own reasons on top of it?

Not quite correct. He failed to respond and the court said yesterday that they have not had any reply from him and it was the judge that decided to suspend it. His employer replied with his salary information which is shown as £1250 net per month. The warrant of possession will be served by the court bailiff in early January by which time the full debt will be around £4000. I only did the original money claim online for £1750 as I knew I would not be able to find him once he has left. But I think £40 per month is way too low so would it be worth while writing an objection to the court? He failed to appear for two possession hearings and has not sent the AOE paperwork so I doubt he would turn up for the objection hearing. I do have an email from him saying he will pay £300 per month once he has left ....

I have uploaded the document. any comments would be appreciated. aoe.pdf

Update ... Today I have received a Suspended Attachment of Earnings order against my tenant. The claim amount is £1800 and I have been awarded £40 per month. I am wondering if anyone has a letter template to object to the amount and also it being a suspended order. I have been told by the Bailiffs that the warrant will be executed in early January. By this time, the debt will be £3800 so knowing the AoE is £40, I shall have to look towards a 3rd party order.

thank you

Thanks for the reply, I was told he hadn't replied and that the bailiffs for the N56 have been requested. in the mean time, the court said they will proceed and I will find out the amount to be paid this week. he has advised he is happy to wait for the eviction bailiffs which have said will be early January before it gets around to that postcode so by then the debt will be increased. he obviously wont give me a forward address so I will have no where to send any documents so I may have to apply for the third party debt order. am I correct that this must be served in person by me to him?

Background:- Tenant in arrears for two months with no sign of future payments. Notice served and a CCJ awarded.(£1750) Still no payment received so a Attachment of earnings served. Court advised this will be sorted this week after no response from defendant. In the meantime, the debt has increased to (£3300) whilst I am going through the possession order / warrant and the bailiff process. Can anyone advise on how to obtain the rest of the debt which by the time he leaves in January will escalate to nearly £4000? is it a case of serving notice and going for another CCJ & AoE? any help is appreciated.

I am in a similar position and I am learning all the time on what to do. Firstly, make sure the deposit regardless of how much you received is in a safe deposit scheme. Secondly, they need to be constantly late or 2 months / 8 weeks behind before you can start a Section 8 eviction notice. Otherwise its a section 21 notice but this can only be served after 4 months of tenancy. Its costly but its worth getting a solicitor to start the process .around £500 plus court fees which these are added to the debt. you can di it online yourself but everything has to be perfect with regards to the form filling otherwise it may get rejected or thrown out at court. I was lucky with mine even though it was only a very minor paperwork issue which wasn't noticed by the judge. Getting to court takes around 5-8 weeks and even then, if they bring themselves within the 2 months amount then they will reject the case. hope this helps a bit.

The FOS say they don't get involved with IVAs although they said unofficially to wait until the appeal is done. Aperture keep saying that the IVA states they can still collect PPI payments but I cannot find where it says that they can do this once it has been done. if its a matter of it being classed as a financial windfall then what's stopping them collect any other non PPI windfall . see reply from Aperture Unfortunately your understanding is not correct, your case went through a Mass Variation Meeting (MVM) on 14th August, 2013. The purpose of the MVM was to allow us to gain consent from your creditors to allow us to close your case while the PPI continues in the background, therefore the closure of your case does not supersede the MVM. For your convenience I have attached a copy of your Closure Report which you will see specifically states that your supervisor will continue with the PPI investigations post closure. ( IT DOES NOT MENTION PPI)

thanks for the reply Ford The BCard account wasn't part of the IVA so does this matter?

I received a letter from Barclaycard advising that my claim for PPI was upheld and they offered me £1257. After querying the interest amount and advising the FOS they then offered another £865. They wrote to me saying they had sent payment to Barclaycard as their records show I was in an IVA which they were advised had finished in July 2015. Grant Thornton ( now Aperture) have said that a variation in my IVA means they can collect the PPI money. I know there is a court case relating to this to be heard on appeal this week but any advice would help.