Further to my original posting (Attachment of Earnings), I have now received the documents from the court, which were served at my old address. This summons is dated 1st May 1996 and is for the repossession of my previous house, which I left in 91 due to my partner's violence.(posted 8332 days ago)I now know that the house was repossessed in 1996, sold and the shortfall allegedly owing is £26,334. The debt was 'assigned' to PSPC from Citibank, and the former went to court in November 2000 to get their name substitued as the claimant. In this document, they were granted an order to enforce the judgement 'to include permission to enforce by way of warrant execution'. There was also a clause within this that the application to set aside the order should be within 7 days - I of course was not served this order.
The court office tells me that I should apply to have the judgement set aside, on the grounds that I did not live at the address at the time (I have proof of this) and therefore did not receive the papers, and it seems that my ex has not replied at all to the summons either (originally i was told that he had). The 'Claimant' seems to have reverted back to Citibank.
The office also told me that i should fill in the attachment of earnings form and send this back, and if the judgement is set aside this would automatically be set aside too.
This shortfall debt has not yet been proven - they have sent me nothing to substantiate the claim, and I am reluctant to declare my earnings prior to the debt being proved - knowing what my incomings/outgoings would give them an unfair advantage in any negotiation.
I'm really lost as to what to do next - I am applying for the judgement to be set aside today before the deadline runs out, but should I be writing to PSPC's solicitors to get them to prove the debt in the meantime?? And what about the attachment of earnings?