Advantage finance 2014 CCJ..now Attachment of earnings N56

[notodebt]

Afternoon all !

Need a little advice on a creditor applying to court for an attachment of earnings from a CCJ.

How will a court assess this if I am contracting on short term three month contracts ?

How will the court perceive this if I contacted the creditor to pay missed payments but they refused to accept them pending court response ?

 

Thanks...

[dx100uk]

which of your existing threads is this related too please.

 

we need the full story/

[Andyorch]

You can opt to pay the judgment creditor direct rather than through PAYE given your short contract...opt to suspend the N56 (Box 10)

 

 

Andy

[notodebt]

Not sure if it is on an existing thread but here goes :

 

Creditor - Advantage finance

 

Personal loan - £3900 paid off so much , lost job , fell in to debt etc. They got a CCJ back in 2014 for £2999

Agreed to pay £40 per month

Current amount £1160.

 

Missed two payments due to awaiting payment from agency.

 

Just spoke to them today to make payment of £80 ,

first person refused and told me they had sent it to court for N56 ,

apparently my last contact with them was Sep 20th which is wrong as I spoke to them a few weeks back to let them know the situation that I am self employed and awaiting 7 weeks worth of back pay (crap agency payroll system )

 

Spoke to another at Advantage about an hour ago and they said missed payment from Aug and Oct ??

made £40 payment for Aug so Oct still due and apparently still gone to court.

 

I know I should not communicate on phone with them..just need to get this paid off.

 

So I am self employed on three month contracts so I don't believe a judge can award AOE ?

 

Secondly by the time it gets to court I will be up to date regardless but to be honest I would be happy to attend plead poverty and reduce my payments to a tenner just to annoy Advantage ..

Any thoughts on the above ?

 

Thanks Andy that's best option

[dx100uk]

thread title updated

 

was this car finance?

 

dx

[notodebt]

Yes indeed it was

 

I believe they tried to repossess car back but it got written off 8 weeks after I purchased it .

[Andyorch]

Just suspend it all together then if self employed...Attachment of Earnings is not applicable to self employed....no need to arrange payment direct with the judgment creditor

[dx100uk]

I believe they tried to repossess car back but it got written off 8 weeks after I purchased it .

 

 

bet that please them..

so the ins did pay it off?

[notodebt]

The vehicle got recovered to a local compound once the roof was cut off , I did offer them bits of it but they were not impressed !

 

It was a 50/50 smash so insurance paid off the other driver and I paid off some of the outstanding loan but it left some to pay off, lost job etc ended up going to court for the rest and a CCJ. Should have defended but was dealing with a load of issues at the time.

[notodebt]

I spoke to them today as I have a missed payment of £40 outstanding, told them this would be cleared on Fri but their rather nice arrogant customer service rep told me they were still pressing ahead with the judgement. Fine I replied I look forward to going to court I replied.

 

Anyway what is the general procedure here ?

Do I receive a letter in the post to attend my local court ?

[dx100uk]

fill out the N56 as advised

[notodebt]

fill out the N56 as advised

 

Okay I have seen a copy of that N56 understand now about offer of payment down in section 10 ! When Andy has mentioned Judgement creditor does that mean payment to the court direct ? Also am I likely to be challenged if my offer payment is say £20 instead of the £40 I originally opted to pay ?

[dx100uk]

creditor [claimant] nothing to do with the court.

[notodebt]

creditor [claimant] nothing to do with the court.

 

Ah I see , cheers DX this is what I am doing now ! Are there any associated costs that can be added to the debt from the creditor for applying to AOE ? Advantage will lie through their teeth im sure so want to be prepared to call their bluff.

[dx100uk]

Not as far as i know

 

Sent them an sar too

Bet there are arrears fees etc etc

[notodebt]

Not as far as i know

 

Sent them an sar too

Bet there are arrears fees etc etc

 

Cheers DX ! Yes next move is the SAR !

[Andyorch]

Application for an attachment of earnings order (a fee is payable for each defendant against whom the order is requested). £110

[notodebt]

Application for an attachment of earnings order (a fee is payable for each defendant against whom the order is requested). £110

 

Even if the order is not granted ?

[Andyorch]

Presume so...cant see court refunding it for the claimants error