ATTACHMENT OF EARNING SHORTFALL

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SKIPTON BUILDING SOCIETY (HORRENDOUS CO.)

I AM TO ATTEND COURT NEXT TUESDAY TO TRY AND 'SET ASIDE' AN ORDER FOR AN ATTACHMENT OF EARNINGS. i HAVE FILLED IN THE I&E FORM. THERE ARE SOME QUESTIONS I WOULD LIKE HELP WITH BEFORE I GO (I HAVE TRIED ALL THE NUMBERS ON THE HELP PAGE BUT NO-ONE HAS ANSWERED MY CALL OR E-MAILS)AND TRYING TO GET THROUGH TO THE CAB IS NIGH IMPOSSIBLE! 1. THE SHORTFALL WAS ORINGINALLY 24K, MY EX-HUSBAND PAID A 'ONE-OFF' AMOUNT OF 10K THEN PROBABLY HAD AN AGRREMENT WHEREBY THEY WOULD NOT COME AFTER HIM FOR THE REST. iS THIS STILL A JOINT AND SEVERAL DEBT?

2. WHAT CAN I SAY TO THE JUDGE TO ALLOW ME TO PAY MYSELF AND NOT HAVE AN ATTACHMENT OF EARNINGS? AS THIS IS 14K IS HE STILL JOINTLY AND SEVERALLY LIABLE?

I AM DESPARATE FOR ANY HELP ANYONE CAN GIVE ME. MANY THANKS IN ADVANCE

-- Julie Evans (julie@tfa.cc), October 30, 2001

Answers

If your mortgage was a joint mortgage then both of you are liable.

Are you on friendly terms with your ex-husband? If so,then see if you can get a copy of the agreement between him and the lender that they would no longer chase him. Its possible that the lender agreed not to chase him, but didn't discount chasing you. Its equally possible that your ex paid the 10k in "full and final settlement".

Unless it was specifically agreed that the lender was willing to close the matter on payment of the 10k, then it seems very likely that they are able to chase you for the remainder. This doesn't mean however that you shouldn't follow the advice on this website by getting the lender to substantiate the claim.

Did you get a copy of the original summons and the order of judgement? You don't mention if you tried to defend the claim for the shortfall. If you didn't then you can use this towards a defence to have the AoE set aside.

If you did, then you can still ask the judge to have the claim set aside. If this is likely to cause you distress at work or make things awkward with your employer then this can be used as a defence. You can, if appropriate, tell the judge that you were unaware of the original summons, or that there are questions of the validity of the claim.

Usually however, a promise to pay X amount regularly (standing order is usually good) then a sympathetic judge will probably agree to this and set aside the order, on the understanding that if you default, then the order is granted.

If you are unsure of yourposition then I would strongly suggest that you make an appointment and see a solicitor pronto to find out where you stand.

In the meantime, read every page of this website for information to help you prepare for your case.

-- pendle (pendle_666@yahoo.co.uk), October 30, 2001.


Hi Julie,

You also need to convince the judge that you dispute the debt and that you want to see evidence that you were not mis-sold the MIG if there was one and evidence that the property was correctly marketed and best value obtained by the lender.

You could make make a payment into court - a Part 36 offer - of 2,000 as settlement in the absence of proof. Given where how far this has already gone you need to see a solicitor and get tailored legal advice.

You should also spend some time reading the Repossession section and its Do's and Don'ts material to get a better idea of your rights and the court process.

Lee

-- Lee (repossession@bigfoot.com), October 30, 2001.


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