Attachment of earnings application hearing advice required.

[melinwelin]

I was taken to the small claims court by a child minder who minded my daughter for a total of two and a half weeks as I didn't give her 4 weeks notice. Long story short her daughter bit mine very badly twice in the space of a week which went unnoticed, so I removed her from her care after the second time. She was paid for 3 weeks even though she only watched her for two and a half. She won in court as there was no settling in period agreed. I stated at the time and in all correspondence to the lady that I was unable to pay her and the new child care provider. I have always been honest and have never ignored letters etc. The court set the repayments too high so I completed an attachment of earnings, the court agreed for me to make payments of £20pm until the debt is paid. The child minder has challenged this and now I have to go back to court on the 1st October, advise needed, can they increase the payments when I have provided bank statements and pay slips showing I clearly cannot afford any more? I am not a confident public speaker and get very tongue tied can you give advice on how I could word my defence. Thank you for your advice. This lady is very intimidating her letter of dispute was very sarcastic challenging how can anyone live on such a low disposable income (er well me) I am struggling financially but not quite drowning. I make ends meat but have very little left. She is also requesting that I cancel luxury items like my tv package, I haven't had a holiday in years we don't go out on trips as a family as it costs too much so thats about the only thing we do do as a family. I am a single mum of 3, I work as many hours as I can to viably run a home and look after 3 daughters and I am the first to admit I financially struggle. Not looking for sympathy just thought a picture of my situation could help. We go to court on 1st Oct 2012. My first installment of the £20 is due on 1st sept so I will keep to these payments to prove I was not, not paying I just couldn't afford the previous requests.

[melinwelin]

Can anyone advise or give me stories of similar issues, I have scanned the site and can't find anything similar..

[impecunious]

What would really be gained by taking you back to court? I should imagine you would have a high level of protected earnings, being a single parent with 3 dependent children.

 

I have an attachment to earnings - currently paying £5/month for a £1,200 debt. (Yes will take years to pay back.) That payment was calculated on earnings of over £19,000 pa - I'm single with no dependants. If I remember correctly, my protected earnings were something like £1,140 pcm (after tax).

 

You're already paying £20.00/month, what more does she want?

 

If you have to do a revised I&E - make sure you do put down costs for taking the family out once a month, and put aside money each month towards the cost of one week's family holiday. Also, allocate some money each month to birthdays, Xmas, etc, and hair cuts! Medicines, school/nursery trips, swimming, etc. All reasonable expenses.

 

It's always really enlightening when you write down ALL your weekly/monthly expenses. There's absolutely no harm in showing that your current expenditure exceeds your income. Mine showed exactly that! Don't forget to list ALL your debts/arrears too (if you have any) ........ she is after all, only a debtor, and a non-priority one at that.

 

Hope this gives you a little encouragement.

 

 

 

Impecunious!

 

PS. Be kind to yourself and try not to worry too much.

 

 

Good luck!

Edited August 14, 2012 by impecunious

[melinwelin]

Thanks for your answer, that's a great help and it does bring a little relief. I sent a copy of my bank statement and payslip to the court previously along with their expenditure form so they made the £20 per month calculation based on that. I am at a loss as to what going back to court is going to gain really other than another day off work for me.

Do you think I will need to take further proof with me? I don't know like proof of bill amounts etc. I haven't been told or advised anything..

I am trying not to worry but it is keeping me awake this lady is really making it personal in my opinion. I have been nothing but honest all the way along and have never ignored anything so I don't really know what she is trying to prove.