Attachment of earnings application arrived todaygreenspun.com : LUSENET : Repossession : One Thread
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 (firstname.lastname@example.org), October 26, 2001
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 (email@example.com), October 27, 2001.