Attachment of earnings application arrived today

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Attachment of earnings form from the court has arrived today. Firstly the amount has bgone up by about 5000.00 I assume they added interest on. Secondly there does not appear to be any space for our defence. The Bristol and West still have not sent documents I requested and I believe that my husband has been missold a MIG. Can i file a counter claim or is this just it now. Also contrary to Pendle earlier advice about having an Oral Examination first - there has not been one and it asks for details of my take home pay. Please help it has to returned in a week or my husband could go to prison for 14 days!!!!

-- Kate (katesoper@supanet.com), October 26, 2001

Answers

An oral examination is not a certainty, but is a good way for a lender to find out what assets the debtor has and the best way to collect that debt. In your case, the Bristol & West have not gone for oral examination.

You can get an AOE suspended if you agree to pay the amounts yourself on a regular basis. This has been done before where the debtor has claimed that they could lose their job if the AOE was enforced.

I would strongly suggest that you see a solicitor. If the B&W haven't supplied the docs to substantiate their claim then it seems that you have a good case in getting the judgement set aside.

-- pendle (pendle_666@yahoo.co.uk), October 27, 2001.


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