Court order for an attachment to earnings on a ccj i have no knowledge about

[Dave Tat]

I received a letter from Boston County Court asking me to fill in an earnings declaration

as Arrow/Carter had applied for an attachment to earnings on a ccj that they apparently obtained in 2010.

 

 

I have no Knowledge of this and have not entered into any correspondence with them regarding this 'ever'.

 

 

What do i do??????

 

 

PS as i was away it has already gone past the 8 day deadline that the court gave,

 

 

i did try to call the court on Friday but couldn't speak to anyone.

 

 

Also i am self employed

[unclebulgaria67]

Best thing to do is phone the court and see what you need to do now, as you could be 'made' to attend the court to answer why you have ignored the court. While debt is not a criminal offence, if you ignored a court order to attend for questionning about paying this debt, you could be held in contempt of court, which is an offence.

 

If this is the first time you have found out about the CCJ, you should ask the court for details of the CCJ and if you have grounds for a set aside ( dispute about the debt), then you should apply for a set aside. Again court staff can advise you on this.

[AndyOrch]

Attachment of Earnings order are not applicable to self employed...you should still return the n56 and state same.......

 

Andy

[Dave Tat]

I phoned the court today and they are sending the outgoing incoming declaration.

 

 

They said that i could file for a set aside but it would cost £150 and

 

 

because the defence that i would be giving would be that 6yrs had gone by with no contact with the claimant

that it wouldnt be valid as the ccj was dated 2010

 

 

and by law they only had to serve papers on the last address that i was known at (which was my ex wife)

 

 

and that any time before the ccj was granted would not be counted.

[Dave Tat]

Is what they told me correct ???????????

[oleg]

If the debt was already statute barred at the time the CCJ was granted , it can be set aside.

 

They are correct about service to last notified address.

[FairWorldCitizen]

To set aside a judgment, you need enough grounds for it. Not only there is a cost, but there is law as well as a UK system which is very busy.

 

Worth mentioning that (contrary to what is often believed on this forum and others) having a judgment set aside doesn't mean it disappears.... it goes back to the initial stage and you will probably have to attend the hearing.

 

You should at least return the forms demonstrating that you are self employed.

The fee that the creditor has paid however would be added to the debt I believe (you should check with the court).

[dx100uk]

this debt was already sb'd at the time of the judgement.

 

 

get it set aside

 

 

dx