Hi all, I am in urgent need of some advice regarding an AOE order my partner received yesterday (15/11/14) dated 13/11/14. The amount claimed is over £16k plus £100 issue fee. The judgement creditor is Royal Bank of Scotland, and payments are requested to be sent to Drydens LTD T/AS Dryden Fairfax Solicitors. First of all this has knocked us for six and we're now in full panic mode. As there are threats of prison on the letter. To our knowledge we have no idea what this is about, having spent the rest of the day researching I have discovered, through use of the Trust online website, that the AOE has been made in light of a CCJ being issued at Northampton CCBC on the 02/09/09 in her absence. First of all she was never made aware of any court action as the address the CCJ is registered is a very old address that she left in August 2008 after giving birth to her our daughter and to escape the threats of an abusive ex partner. I believe she entered into voluntary repossession and returned to keys to the mortgage lender, in any case, she left the property and it was repossessed. Until Saturday she has not heard anything about this debt. She tells me she did have a loan and separate overdraft with Royal Bank of Scotland but is convinced that the two combined are nowhere near the amount being claimed. I am at a loss as to what to do here, and the default option seems to be that the court has the power to take, based on her current income, 17% of her monthly wage, and order her employer to do that. This would cause our family a severe hardship and it's likely that the amount claimed is not the amount she owes so she could be paying a lot of money for a long time when we don't even know if and how much she really owes. What do we do? I am to phone the National Debtline tomorrow on her behalf to get advice and I am going to send a CCA request to Drydens asking for the original agreements and a statement of account. I believe can take up to 12+2 days if they reply at all. The court has given us 8 days to reply so we are short on time. I've read that we could try and get the CCJ set aside, but this costs £155 and may not be successful without a good reason? Please, any help would be appreciated. Regards

Hi all, i'm desperate for some help! about 2 years ago I received a letter from HFO services to say that I owed £6k+ from an old Welcome loan. (included interest/fees etc) They threatened me with baliffs etc unless I set up an agreement. I made it very clear that the amount they were stating seems very high in comparison to original amounts I borrowed (which I think were around £1,000-£2,000). Bear in mind that the loan was from around 2005. Under duress I set up a plan for £50 per month but told them that I still wanted to see the original agreement. 2-3mths pass (still making payments to them) and I decide to stop paying as I still hadn't received any documents to support their claim of the above amount. Needless to say, I received another call to ask why i'd stopped paying... I explained that I wasn't happy with the amount they were claiming I owed and was told that they had requested this, but they didn't need to, they had all of the original amounts in front of them, and that if I didn't start making payments again, they were resume court proceedings etc. I started paying again. Again, a few mths passed and I hadn't heard anything so stopped paying again. Then a Claimform arrives for the full amount of over £6,000 I had no option other than to complete the affordability request and offer of payment (again, £50 per mth). This was accepted and I have had an attachment of earnings ever since. This has been on for over 1 year now. On the claim form, I included a long letter explaining pretty much the above story on requesting documents etc. There isn't a month goes by without me wondering if I have done the right thing. Clearly, I did not attend the CCJ hearing (if there was one), and now the A.O.E. is in place, I cannot stop paying as my employer will not remove without the Court requesting them to do so. My questions to anyone on here would be: 1) How on earth were they allowed to apply for a CCJ and/or A.O.E. without proof of the original loan amount? 2) I have tried Googling for ways to contact HFO Services, yet cannot find anything, does anyone know if they even still exist. (If they don't, who am I paying every month?!) 3) Have they broken any rules based on what I have explained? I had an argument with someone over the phone at HFO that I felt that I was being held ransom as they rang me and told me I owed them £6k+ but they didn't even have to prove it! Now I have an A.O.E. I feel totally trapped! I would really appreciate it if anyone can offer any advice or if anyone has been in a similar position or could advise what I could possibly do??? MANY THANKS!

Hi All, I hope someone can help. My partner & I share a house together. The house, mortgage & council tax bills are in her name. She did pay the council tax until she fell into arrears. I eventually discovered the issue & added my name to the bill in 2011. I have paid the bill ever since. Today I received a letter from the council advising me that they have sent an attachment of earning letter to my employer with just my name on it. It states that in 2010 they applied to the court for a liability order against the property and they are now looking to claim back the 2010/11 payments (£1800). Since then we haven't made any attempt to clear off the arrears so they have used the powers given to them by the order to apply for an attachment of earnings. I was aware of the LO but as the letter regarding this wasn't in my name I didn't receive them. I just assumed that this was now attached to the property & will sit there until the property was sold. Two things don't sit correctly with me. Firstly, My name was not on the charging order. Can they really apply an attachment of earning to my employer if my name wasn't even on the bill at the time? Secondly, My partners name is not mentioned anywhere on the letter? Surely this AOE request should be in my partners name not mine? I hope this makes sense?

Is it correct that an attachment of earnings will be dismissed if the person is unemployed and on jobseekers, or can they take from you benefit, thanks

Didn't know where to post this but how many attachment of earnings can you have at once at the minute i have two in place but a 3rd one has been added today is there a limit? Also how do the rates work paying these of if you have 3 in place? we earn around £950 a month £950 month i seem to lose on one attachment £101 on my 2nd attachment around £50

right this come out of my pay if my pay go down can this order be stop ,fill form in on debt line pay let over £26 month the court said the debt part my wife how this it my debt in come £1453 month pay out £1431 so how do count work i can pay £100 month

ok all thought i would ask for some help after the successes of my PPI fight this is a bit different went to work today and was called into the wages office and informed that a Direct Earnings Attachment for £1500 or so had been received for a overpayment of some benefits going back some time i started to panic and then the wages clerk noticed the address was not mine but the DOB and name and national insurance number was correct to cut to the chase i had never lived at that address and have never had any coraspondance or phone calls about this the wages clerk rang the DWP explaining the facts and was told it was a very old debt that had to be repaid so just to put things on hold i asked my wages clerk to ask how old and they would not say then said i should ring them so thats the question i will ring them and what should i say and what not thanks in advance

Hi am not against this happen because the issue will be out of our hands but my question is how much would a water board take from an attachment of earning if the court issue it? amount owed £546 pound? wage earning a month £855

Hi everyone, last june i took out a payday loan with the above company, well actually a number of companies, following a break up with my wife i spiralled massively out of control. I don't even know how many payday loans i have. I am today in the process of trying to work just how much i have borrowed and how much i owe. But my most pressing issue is with the above company. The loan originally was for £350 i think, i contact them in october last year and made a token payment of £20 and they tried to enroll me in their own DMP which didnt seem appropriate at the time. In December i had further email correspondance with them and offered to pay them £20 per month but requested a copy of my original credit agreement and a breakdown of the account as the debt was some £700 at this point! The accepted my offer of £20 but ignored my request for a copy of the agreement and refused to send me statement of the account. As they wouldnt provide this i foolishly didnt pay the £20 per month agreed. My previous landlord has (moved out September) has contacted me to advise there is some official looking post, to cut a long story short 1st stop have applied and obtained a CCJ (February) at my old address and have now made an application for an attachment of earnings order (16th April). This is bad and could cost me my employment!!!!!!! So i need some advice desperately, should i apply to have the CCJ set aside on the basis that it was sent to the wrong address and the company refused to provide me with a breakdown of how the amount was arrived at, or should i fill out the form and request they suspend the order and offer to repay them over the next 3 months, which i can just about afford to do?

I have recieved an attachment of earnings for a car i owned when i took the car on i had a few insurance policies on it which i phoned and told them to cancel i also wrote to them asking them to cancel them they did not and i could not afford the car at the time (sickness at work = less pay) as the payments were to high with these on they said i had 14 days to clear the balance which i was going to clear as i was back working then 7 days after the letter i get a bailiff knocking on a sunday night demanding the car back i have heard nothing from them until i got this attatchment of earnings asking for £8500

I have an interesting one for everyone to think about and hopefully I will receive some advice. I had an attachment to earnings order issued against myself from the council in June 2012. My employer deducted the right amounts from my pay over a period of 7 months totalling £1284.00. My employer at the time only paid the council just over £600, even though the had taken the full amount this being confirmed by my payslips. The council have tried to get me to pay the outstanding amount as they thought I had moved employment, Which I did in May 2013. They have written to the company on various occasions seeking the remainder on the monies due to them, which had been deducted from my pay. It would now appear that this company went into liquidation in October 2013. The question I would like to know is, can the council pursue me for the remaining money. Even though I can prove that my employer at the time had taken the full amount to clear the debt. where do I stand

Hi, My wife has told me she received a N55 form(attachment of earnings order). I have discussed this with her and I believe we need to seek professional debt advice. is there a way of delaying the due date (received before Christmas) so we can get advice? also where is the best place to go for impartial advice and help...? Thx

I'm looking for some advice if possible, 8 days ago I received a letter from Leeds City Council with an Attachment of Earnings order against my name for the value of £220 (remainder of this years council tax) the problem is as follows: 1) I'm a single person so I claim the discount, I was told the amount due is £68, for the last 4 months at least (looking at statements) the council have received £70 from me a month. 2) I have written in 2 complaints, 1 8 days ago to the council tax recovery email and 1 4 days ago, as well as going on the online chat to the main council tax email address. Both of which have been ignored. Now it's almost xmas, which means I'm going to be looking at nearly 6 weeks gap between pay dates so I could really due WITHOUT this taken from my next wage. Can anybody give me practical advise as to what to do now? I'm going to try and ring them tomorrow but I fear they will just fob me off as usual.

Hi, I wonder if you could help me. I have received an Attachment of Earnings order from the court, but I have already come to an agreement with the creditor about making a monthly payment to clear the outstanding debt. I have made an immediate payment to them today, and will be making further monthly payments, starting next week. Do I still have to complete the Attachment of Earnings form? I would prefer not to, as I don't want them to write to my employer, as this could have a detrimental affect on my job. Thank you for any help you can offer, Daz

I have received an attachment of earnings letter this morning from Global Arrow for an old debt however I attended court for questioning in regards to this case on the 9th October and provided details of all my income and outgoings including copies of bank statements etc. I proved to the courts that my expenditure was more than my income and have received this letter this morning. Can anyone offer advice on what to do next as I do not want my employers to find out as this would be detrimental to my position

Hello. I have come to this forum as a result of already having gleaned a lot of useful information from other posts on this website. I am seeking advice from anyone who is or has had trouble with Sherrif Officers due to unpaid parking fines. Before I ask for specific adice though, I will provide a background to the situation. My girlfriend (Sue), or rather her address, is getting targetted by Sherrif's Officers working under the jurisdiction of Perth Sherrif court (Scots Law). They are chasing after her ex-boyfriend (Tom) for an unpaid parking ticket and have served an 'Attachment Schedule', threatening to uplift a vehicle, which is now owned and mainly driven by Sue. Although Tom still has contact with my gf, he is obvioulsy no longer with her and the car in which he incurred the parking ticket, was passed onto Sue quite some time ago. The story behind who the registered keeper is, who the owner is, and who insures the car, is convoluted, but: Tom was the owner, and the driver of vehicle when ticket was issued. Sue has been the owner of the vehicle for some 8-9 months. Tom is still the main insurer of the vehicle, with Sue as named driver (for Sue to insure herself it would cost twice as much). The vehicle was registered in Tom's name until (surprise/surprise, oh what a coincidence) just a few days before the 'Attachment Schedule' when his mother became the registered keeper of the car. Tom has never permanently lived at Sue's address, but somehow these (Edit) have tracked the car down to her home. The first visit of the Sherrif officers, was dealt with by Sue. They issued her with the 'Attachment Schedule' addressed to Tom, threatening to uplift the car if the fines + add-on expense are not paid. She relies on the car for everything (lives in the countryside) and in typical female fashion, feels so intimidated by the Sherrif officer's authority, that she is wanting to pay the fine plus all additional costs, some 350 GBP by now! I am of course absolutely shocked and disgusted by this prospect and know for a fact that since the vehicle does not belong to Tom, there is no way that the Sherrif's men have the right to do this. Tom was contacted, and he duly got his mother to write a letter, countersigned by him, stating that the vehicle (very recently registered in her name even though she dont even drive), is her property and that any attempt to uplift the vehicle would be unlawful....property, 9/10ths of the law n all that. Yesterday however, i answered Sue's front door to greet a couple of the Sherrif's men. My personal policy when dealing with these people is to give them absolutley no information whatsoever. This is what I done yesterday in addition to being pretty rude towards them (the least I could do). They clearly believed that I was Tom, and served me with another brown envelope with 'Tom' written on the front of it. I refused the envelope and threw it back in thier faces. I found it this morning laying sodden wet next to Sue's front door. I am therefore wondering if anyone could fill me in on what the correct moves to make here would be. My instinct tells me not to open the envelope to find out what the Sherrif Officers next move is. So could anyone tell me what this would likely be? If my girlfriend has already told the Sherrif's officers that Tom does not live with her, and Tom's mother has sent them a letter stating that she owns the vehicle, could the Sherrif's mens persistence in visiting Sue's address and issuing bits of paper to people who do notlive there, not be construed as 'Harassment'? I know that according to the written letter of the law, that the Sherrif's men have no right to uplift Sue's car. But I also have zero faith in Scottish justice and suspect that they may well go ahead and do this. Could anyone suggest any measures, which in the event that the Sherrif's men did unlawfully execute the Attachment Schedule, would provide a very strong case for the owner and the registered keeper of the car in the subsequent civil court case? THX.

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.

Hi. i don't know if anyone will be able to offer advice: my local authority applied for a charging order against my property which was granted by the judge, and i have been speaking with the councils solicitors since in attempt to agree a solution to repay. i sent them scans of recent pay slips as well as my monthly outgoings / direct debits etc - i offered to repay £50.00 per month, which was refused. i received an email back from the solicitors explaining that their client (the council) would not accept anything less than £200.00 per month - which is not an affordable amount for me to pay. The 'debt' itself is for a number of periods (2005 - 2007 and 2011 - 2013) and totals a little over £6000 with costs. Today i received two letters detailing an attachment of Earnings order to my employee - sections 38 - 42 which having looked at on the internet is 12% taken on a monthly basis. i haven't received any court documents to fill in or a judgement for Attachment of earnings. 12% equates to between £120 - £150 per month (as i am paid monthly) - i'm not sure if the deduction from wages will be 12% for one or both debts - the figures in the letters are those for 2005 - 2006 and 2006 - 2007 which total around £2000 - ie, am unsure if i will be paying 12% in total, or two lots of 12% - as there are two letters.... Is there a maximum that can be taken from attachment orders? i am unsure whether or not to ring the council and ask that they review this figure, as stoppages of 24% from my wages is totally unfordable, and if that is the case, then i will not be able to afford to live - i have between £100 - £150 per month left after i have paid all my bills, mortgage etc as well as food and fuel costs, i then have to find water rates and car tax etc - i'm not sure where the extra will come from. Any advice would be appreciated. Are the local authority / courts able to simply steam roll a debtor into paying what they demand, or do they have to take into account the financial situation of a debtor - and have i any rights to challenge the amounts and / or stop attachment orders to make such more affordable? Thanks in advance

Hi, I have an old debt with mbna which they took out a ccj against me, i did not fight it. About 2 years ago they took out a charging order against my house and again i didnt fight it as i didnt think i could. On advice from friends i ignored all letters as i was told they would never try and make me sell the house as i am in poor health and care for someone who has learning problems. The debt is just over £5000. Last week i got an attachment of earnings order from the court with threats of arrest if i didnt fill it in and send back. I work full time but dont earn very much and have no money left over each month. I didnt think they would be able to force me to pay which is why i just blanked out the whole matter and it came as a shock they can get money taken from my wages each month. What do i do next? Do i fill out the order? do i include a note about my poor health and that i care for someone who is on dissialitby living aid?

I am currently paying £200.00 a month on a CCJ which I am currently in arrears by £400.00. There is a suspended attachment of earnings order and I have been told by the company (Lightfoots) who are acting on behalf of Southern Pacific Mortgages that their client will not consider reducing the monthly payment. I have sent an income and expenditure form and have yet to recieve a reply to this. I am looking to submit a N245 to the county court to have the amount for the CCJ redetermined, I am being very reasonable and offering the sum of £100.00 per month which is more affordable. Once I submit the N245, will that prevent them from enforcing the Attachment of Earnings Order? Also, once a new amount has been set, will this just continue at the new rate without having to pay the outstanding arrears as I cannot afford the arrears at present. Desperately need some advice on this. Also is the fee for the N245 £40.00?

Hi, I would like to hear from people that have experience of attachment of earnings. Specifically i would like to know that should i need to attend court: How does the court know who i am employed by? How do they know how much i earn? Are they reliant on me being honest? Do they directly contact anyone for information? I may find myself in a situation like this in the near future and i would like to put myself in as much of an informed and prepared state as possible so that i might fully consider the risk/reward on all of my options.

I have had a letter which claims to be from the court saying that if i dont fill it in (N55) and send it back they will send me to prison for 12 days. Is this correct because i am sure the finance company cannot go for an attachment of earnings if you are self employed. Also on the n55 form there is no court stamp and the back of the form has not been filled in by the court. Any advice would be appreciated. Regards Santos

an attachment of earning was sent to my employer in 2009, 5 payments were deducted. i tried many times to contact council tax to find out how many payments they had received from my employer but council tax kept telling me to contact my employers payroll department to find out. i changed jobs in april 2010, the company that made the deductions went out of business around october 2010. when i changed jobs i set up a direct debit to clear my outstanding debt with council tax. i stopped working in october 2011 and i have been in receipt of council tax benefit since then, whilst continuing to pay the arrears by direxct debit. my last payment went out in march, for the first time in my life i do not owe them anything. i finally managed to find out from council tax how many payments they recevied from my old employer. out of the 5 deductions, only 2 were ever received by council tax. this means that i have overpaid by £383, i currently owe nothing and im receiving full council tax benefit, i have payslips to prove the deductions were taken, i have online bank statements that i can prove i made direct debit payments. as far as i am concerned a court order was made, deductions were taken from me and i am due a refund. as far as council tax is concerned, they didnt receive the money, i have not over paid them, i need to reclaim the money from my old employer - a limited company gone bust! this cant be right? i have a feeling im being fobbed off please help

Good Afternoon All. I've received an attachment of earnings order and am going to respond requesting it to be suspended. There is a very small box on the application page to complete regarding the reasons as to why you are applying for suspension. Ideally I would like more space to highlight the few key reasons, can I enclose a small slip of paper with this on or won't it make any difference whatsoever? Thank you! Have a nice weekend.

I have been served an attachment of earnings order for missing council tax payments. I find the letters sent to me rather confusing. It says I AM ORDERED by the council to make deductions from net earnings. That bit I understand but then it says. I AM ALSO ORDERED to pay each sum deducted to Rossendales Ltd within the period of 19 days beginning on the last day of the month in which the deduction was made. So does this mean I've got to pay them as well as the AOE. It would be impossible for me to do this as the AOE will make it difficult to live anyway regardless of anymore payments. Thanks.