Backdoor CCJ - now Direct attachment of earnings to my employer

[anonymous1975]

Well im having an amazing last few weeks,

firstly i have been banned from driving for six months because of mistakes by the court and the sheer complexity of my address. I have proven that we have real issues with the address as it used to be one big business and now it has been split into two businesses and one residential address (that we live in)

i have just received a direct earnings attachment through my employer saying they have a legal obligation to deduct 20% of my earnings, now having done some digging it is from a former friend who is the claimant.

i have not received any information on this because of my address, i have absolute proof of this as the MOD could not deliver to correct address, Northern Power could not locate the address when we had a power cut and my own GP can not see the address when you go to book an appointment online,

when i called the county court i was told that i could issue a "stay of writ" and paid £14 to do so, i am not sure what has happened as i still have my employer saying they will deduct the money.

I called the County court again today and was told that they received a request to stop the attachment of earnings, i said i want this to be returned to the courts as so that i can defend this as

A) I do not owe this person any money at all and

B ) I have received no paperwork at all for this in anyway,

what i was told was that this would go in front of a judge to take a look at it (it looked as though my previous request had been dismissed and he said i should have received an order which i have not) I am usually paid on the 26th of each month and this is really going to hit me hard and hurt the family income, surely there is something i can do here as this is not right, i do not owe this persona anything and i have received NO paperwork.

The court person did say from now on they will send everything via email rather than mail because of the address issues.

My second question is - can an employer legally deduct money in this way when it is not a criminal matter?

i am not the most legal of minds but i do believe that i have read somewhere that you can challenge your employer on this as it is not lawful.

Please if anyone...….

anyone at all can help before i completely lose it mentally i would greatly appreciate it,

we already have the death of my father and my wife's nan to deal with in the same week and this...…

this is just a step to far.

I have already contacted Royal Mail again.......to remedy our address.

 

 

.

[Andyorch]

Welcome to the forum.

Direct Attachment of earnings are made in connection to overpayment of benefits or tax credits.....do you mean an Attachment of Earnings ?

[dx100uk]

what's the debt your former 'friend' got the backdoor CCJ for? he lent you money? or WHY?

[anonymous1975]

The letter did say direct letter of attachment, and it was called a CAPS by my employments finance department, ill try and make this easy to understand as it has become quite complicated. 

A former friend of mine gave me some money when i  was in a particularly bad place (im a veteran and i do suffer from PTSD because of my service and injuries) we both worked at the same place and he offered to give me money, it was never asked for in anyway, he just offered it.

At the time i felt extremely bad but grateful that there had been someone who would even help another person now  Fast forward a year and i have moved to another job , we were still friends but he had moved to the Midlands as he said he was going into business with someone from there and they were going to "buy some run down houses for cheap and rent them to single parents that could only afford slum housing as they get their rent paid, and if they didn't pay he could get it through their benefits" 

i was a little shocked as this didn't seem like the same person that helped me. Some weeks later he started calling me and said he wanted his money back, i was confused and said i don't understands  as it wasn't a loan and i hadn't asked for it, he got angry and said he wanted his money back or he would take me to court, he kept saying it will only cost me £50 and i can claim more back.

He also contacted my wife and said the same things, my wife does scare easily as she's a nice person, and he did the same to my wife,  my wife (without my knowledge as she knew i had PTSD) said she could give him some money weekly but it wasn't right as we never asked for any money from him, again he declined this and said he wanted more and made some threats (we have emails and messages and even a witness to these statements) It did go quiet for a while and then in December 2022 i received a message from my company saying they had a direct attachment of earnings . This is wat happened in chronological order.

12.22 I contacted the court (local) and they told me this "  

Good Afternoon

Further to your email below in the above matter. 

If you feel that you do not owe these monies I would suggest you complete the attached N244 to set the judgement aside and return to the court asap.  This will then proceed to a hearing for you to put you side across.  Please note that there is a £14.00 fee to process this application."

I did this, and this is the first time i have ever had to fill out anything like this so did not know what to do except read the Gov website on how to complete. In this i stated that i do not owe this money, there was never any agreement, i also explained that we have a complicated address and we do not receive mail, and that i could prove this.

12.22

I receive a reply saying they have received my form and i will be informed when i have a court date.

02.06.23

I receive another email from my company saying there is a direct attachment of earnings, again i call my local court, they stated this "i can see that you have submitted an N244 previously, you can submit another one" so i did as i was told and submitted another and paid the fee.

07.06.23

I email to see what has happened and this is the response " Thank you for your e-mail. Court staff cannot unfortunately comment on the outcome of judicial decisions. We are not legally trained. Please seek independent legal advice as to what your next steps should be."

 

20.06.23

I call NCC to ask for all of the details regarding this as i have received noting,. i record this call for my notes, they say that they do not have anything for the postcode given (i have lived at this address for 7 years) but they continue to say they have a different postcode, they then state that they do not have any information and that it is the local courts that will have this, i call the local courts and they say that NCC will have this information. this continues back and forth and no one seems to know.

20.06.23

I receive this email """ Thank you for your e-mail. Unfortunately admin staff are not in a position to give legal advice, or consent to extra time. We would always suggest you seek legal independent advice.  The order drawn on 19/06/23 dated 07/06/23 states you can apply to set the order aside. If you would like to do this then please make a formal application (N244) to the court and pay the appropriate fee or if you are on a low income or benefits you can complete an EX160 help with fees form.  "

21.06.23

In response to the SECOND N244 that i made i receive this email " 

After emailing and calling to find out what has happened i receive this email. the order stating this

" IT IS ORDERED THAT 1. The Defendant’s application of 05 June 2023 is dismissed. 2. This Order has been made by the Court of its own initiative without a hearing, the parties have the right to apply to have the Order set aside, varied or stayed pursuant to Rules 3.3(5) and 3.3(6) of the Civil Procedure Rules 1998 such application to be sent and delivered to the court (together with any appropriate fee) to arrive within seven days of service of this Order"

Finally i received this from them  which is what i was after as nothing seemed to make sense, i submitted the N244 in 12.22 and heard nothing until the second direct attachment of earnings notice in June,

This is so infuriating as i never received this, had i done then i could have successfully defended this claim, i still do not know how this was sent but i informed them that i had issues with my address being complicated , so surely they would put 2 and 2 together, the reason as to why the address is complicated is this,

this building used to be one big business, it is not split into two businesses and one residential property (mine) i live at number 7, next door is still listed as 5-7 and they still receive our mail, and unless its recorded there is a good chance that we will not receive it, next door have said they will give a sworn statement that the mail does indeed go to them.

" Thank you for your e-mail dated 22 June 2023 which was referred to District Judge Akers. Please see below judges response. ( Please see copy of enclosed order dated 14.02.23. Judge Ellington dismissed the application because the Defendant failed to attend) If you wish to appeal the decison you can access further information on the government website (see link) Appealing against a court decision in civil and family cases (EX340) - GOV.UK (www.gov.uk) or seek independant legal advice. "

I have now submitted a DSAR requesting all information regarding this claim, as i have since found out that i should not have submitted 2 N244s, and that the first should have had a statement attached to it (i have never completed anything like this before and both the gov and the courts advised nothing of this, in fact the court encouraged me to submit more N244's) as of yet i have not received this information,

[honeybee13]

Hi.

I'll edit some paragraphs into the first part of your post, but please could you put up messages with spacing and paragraphs from now on? It's a nightmare to read on a small screen and not that easy on a PC.

HB

[Andyorch]

It will be a normal Attachment of Earnings deduction in connection to the CCJ. CAPS the Centralised Attachment of Earnings Payments (CAPS) office would appear on either type of deduction.

So you keep making an application(s) to set a side the judgment and the court processes the application and sends you a hearing date by mail post which you never receive because of the address mix up therefore you don't attend as you have no knowledge of the hearing, the court then dismisses the application(s).

I would start off by contacting MCOL Northampton Bulk court quoting the claim /judgment number and ask for a copy of the claim...you cant set a side a judgment until you have details of the initial claim. Once you have details of the claim along with the particulars of claim verbatim and find out which court initiated the Attachment of Earnings Order. It will most probably be either the claimant's local county court or your own.

Come back once you have gathered all the above.

 

Andy

[anonymous1975]

Sorry for the late response, we had a death in the family and it was unexpected,

thank you so much for responding i really do appreciate people giving their time to help another person, it reassures me that there are still some decent people left when someone will help another random person for no gain.

I have already submitted a SAR and asked for everything that they have on me so i shall report back once i have received. 

[Andyorch]

On 06/07/2023 at 11:38, Andyorch said:

I

I would start off by contacting MCOL Northampton Bulk court quoting the claim /judgment number and ask for a copy of the claim...you cant set a side a judgment until you have details of the initial claim. Once you have details of the claim along with the particulars of claim verbatim and find out which court initiated the Attachment of Earnings Order. It will most probably be either the claimant's local county court or your own.

Come back once you have gathered all the above.

 

Andy

SAR to who ? 

[anonymous1975]

MCOL and the CC Huddersfield

[Andyorch]

You cant SAR MCOL/CC...ring them up

[anonymous1975]

23 hours ago, Andyorch said:

You cant SAR MCOL/CC...ring them up

I had no idea that i couldn't, you learn every day, before i do call am i just requesting a copy of the claim?  sorry for the questions but i have always been advised to do everything in writing.

[Andyorch]

Copy of the claim form (you have the claim number) or just the particulars of claim verbatim and amounts claimed.