carter got sneaky CCJ halifax loan - now got demands to fill in AEO paperwork

[lost79]

Hi all

I received a few letters from Lowell Finance (I think it was).

 

this was for a debt for just over 2000 pounds.

 

IT NEVER SAID WHAT FOR and for the life of me I cant think, as I'm sure I'm paying for everything I know of.

 

because of this I ignored the letters as I didn't want to acknowledge some debt in case its something that may already be over 6 years old.

 

I've now since received 2 letters from HM Courts and Tribunals Service,

both containing Attachment of Earning Application,

 

I ignored the first but the second came with a WARNING handwritten note saying I must complete the form

and return it to the county court as failure may result in a CUSTODIAL SENTENCE.

 

am I too late to do anything and

 

should I just comply and start paying this debt, or can I still do something about it.

 

- I honestly do not know what its for or how old the debt is

[unclebulgaria67]

You need to phone the County Court and find out what debt this is for, plus details of the court claim made and the judgment. They can send you copies.

 

If there is any problem with the debt, you may be able to apply for a set aside, but any Judge would want to know the reason for the delay.

 

If you don't do anything, the next thing will be the court asking you to attend for questionning, as to why you are ignoring the court. If you refused to cooperate with the court, the ultimate santion for contempt of court, would be a short spell in prison. But I cannot see that happening, as UK prisons are pretty full up.

[lost79]

Hi anymore advice lease,

I've rang the person who posted the letter and he said its been sold to Brian Carter Solicitors, and to ring them to find out what the debt is for. Should I do this or just still get in touch with the judge and see if I can get it set aside, like I said I still dont know what its for, or if its statue barred. Obviously if its not then I'll pay it once I know what it is

[unclebulgaria67]

You phoned the court and they told you to contact Bryan Carters Solicitors ?

[lost79]

Just found out its for a halifax loan I took out in 2005,

but not apparently made any payments since 2009 they tell me.

 

It was a joint loan I took out with my partner, but shes had nothing ever sent or mentioned to her.

 

The guy Ive just spoke to said they dont need to pursue my partner they only need to go after one person,

and not to bother asking for a set aside as the debt is right.

[lost79]

I phoned a Mr scott, not sure if hes from lowell but his original note was wrote on a peice of paper marked county court

[lost79]

Yes sorry he gave me the number for Bryan Carter Sols to find out what the debt was for

[unclebulgaria67]

Just found out its for a halifax loan I took out in 2005, but not apparently made any payments since 2009 they tell me. It was a joint loan I took out with my partner, but shes had nothing ever sent or mentioned to her. The guy Ive just spoke to said they dont need to pursue my partner they only need to go after one person, and not to bother asking for a set aside as the debt is right.

 

Yes they can go after one party to a loan.

 

You really need to get hold of a copy of the court judgement, plus particulars of the claim. I presume it was done through the Northampton county court, which deals with internet applications. Because you did not defend, a default judgement was given.

 

Northampton court 0300 123 1057/ 01604 619402

 

I doubt that you will be able to get the CCJ set aside, unless you find some massive error.

 

You may just have to accept the judgement and enter into a repayment arrangement. If you don't do this, Bryan Carters will presumably take further action, including getting their name substituted on the judgement, as the judgement is currently in favour of Lowells.

[dx100uk]

have you moved since the loan was taken out

 

i'd not be phoning cater anymore

you'll just get fleeced

 

dx

[AndyOrch]

You must still deal with AoE N56 the clock is ticking

 

It is an offence not to send back form N56 or to give false information. If you don't send back the form the county court bailiffs will serve you with an order to fill it in. If you still don't return the form then you will be sent a notice to go to a court hearing to explain why you have not given the information you need to about your financial circumstances. You must go to this hearing. If you don't go to the hearing, the court can issue a warrant for you to be arrested and brought to court or even send you straight to prison for up to 14 days.

 

You can ask for the court not to make an attachment of earnings order if your creditor will agree to a new payment plan to pay back what you owe.

 

This is called asking for a suspended attachment of earnings order.

 

You can ask for a suspended attachment of earnings order by ticking a box on form N56 and giving your reasons.

 

If the court accepts your reasons for suspending the attachment of earnings order, the court won't start taking money directly out of your wages unless you don't keep up the repayments you've agreed to.

 

Regards

 

Andy