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Can anyone offer advice Please

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  • Can anyone offer advice Please

    I have received a court bailiffs letter to provide information on a N56 form, this is resulting from an unpaid credit card which Cabot bought the debt and have had a ccj put against me. I have recently started a new job and do not want an attachment of earnings against me. I have not opened any letters sent to me regarding this issue and only made aware of this action today. Questions

    1.Can Cabot enforce this as I was under the impression that court bailiffs only got involved over goverment debts ie council tax dvla etc.
    2. If I make an offer of payment via direct debit will this be considered.
    3. Note states I will be in contempt of court if i fail to return this form completed and possible imprisionment. Is this fact.
    Tags: None

  • #2
    Re: Can anyone offer advice Please

    Hi and welcome

    There must already be a CCJ in order for an Application for an AoE to be made, when you say you have not opened any letters, what do you mean?

    Specifically:

    1. Yes - the court bailiffs can take enforcement action over any judgment

    2. Look at the form, tick the box in Section 10 and ask for a suspended order and offer to pay by direct debit

    3. Yes.

    Hope that helps.

    Comment


    • #3
      Re: Can anyone offer advice Please

      Originally posted by Buzzer View Post
      I have received a court bailiffs letter to provide information on a N56 form, this is resulting from an unpaid credit card which Cabot bought the debt and have had a ccj put against me. I have recently started a new job and do not want an attachment of earnings against me. I have not opened any letters sent to me regarding this issue and only made aware of this action today. Questions

      1.Can Cabot enforce this as I was under the impression that court bailiffs only got involved over goverment debts ie council tax dvla etc.
      If there is a court order in the form of a CCJ, then the creditor can apply to the court to enforce the judgment in various ways. An attachment of earnings is one of them. In this case they haven't applied for a warrant of control to send bailiffs to your home which is another enforcement option. This happens often to people who ignore correspondence including a court claim, and end up with a CCJ they didn't know about. In the absence of any repayment offer, the creditor applies to the court to enforce the judgment. You should have received a claim form at some point.

      The difference is that with government debts such as the ones you mention, they can skip the claim process and don't need to obtain a CCJ to enforce the debts. :ohwell:

      If you have just started a new job, when you tick the box requesting a suspended order, you should give this as the reason to request the suspended order: you are new at your job and an AoE could affect your employment. The last thing creditors would want is for you to lose your job as that would mean you'd be unable to pay and there would be no possibility of an AoE unless you were employed, so they tend to accept the request. :thumb:
      Originally posted by Buzzer View Post
      2. If I make an offer of payment via direct debit will this be considered.
      Yes, you need to write in your offer in the box and fill in your financial details backing up your offer.
      Originally posted by Buzzer View Post
      3. Note states I will be in contempt of court if i fail to return this form completed and possible imprisionment. Is this fact.
      Imprisonment would be a last resort. If you don't return the form you'd be ordered by the court to fill it in, if you fail to do that you'll be required to go to a hearing and explain why you haven't done so. If you don't attend, then you could be arrested and sent to prison for up to 14 days. Having said that, it's in your best interests to return the form anyway since you can request a suspended order and also if the creditor knows your employer's details, they can contact them directly to request the AoE and the employer would be forced to comply. :mmph:

      Comment


      • #4
        Re: Can anyone offer advice Please

        Flaming Parrot.... Thank you for the the info provided, I will fololw the guidance you have posted.

        Comment

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