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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have received an application of earnings order debt I know

Customer Question

I have received an application for attachment of earnings order for a debt I know nothing about. The debt collection agency claimed someone who supposedly bears the same name as myself owe London Metropolitan University some tuition fees in 2009. I first came into this country in 2011 and not as a student on spousal visa. This has been going on for over two years now - I have emailed them and also written to them but they've never stopped harassing my life. I don't understand how they could conclude the person they are looking for is me on the basis of same name only. They sent a letter to one of the charity organisation I belong today assuming they are my employer and were requesting for statements of my earnings. What do I do ?
Submitted: 5 months ago.
Category: Law
Expert:  Ash replied 5 months ago.

Hello my name is ***** ***** I will help you with this.

Do you have a copy of the Court order or application for attachment?
That should have the court case number

Alex

Customer: replied 5 months ago.
The case number ***** ***** Do you need me to scan and upload?
Expert:  Ash replied 5 months ago.

No thats ok. Does it have the County Court name on it?

Customer: replied 5 months ago.
The court office at the county court at Slough.
Expert:  Ash replied 5 months ago.

OK, this is what you need to do:

1) Contact Slough CC 01753 690300 - ask for a copy of the claim form

2) Once you get the claim form you can see what its about and whether you have a defence.

3) If you do then you can apply you set aside:

4) Complete form N244 - http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n244eng.pdf

5) You will have to pay a Court fee but the Court will list it for hearing

6) Just knowing is not enough, you must have an actual defence to the claim

7) If you do then the Court will set it aside and the CCJ goes.

Can I clarify anything for you about this today please?
Alex

Customer: replied 5 months ago.
Why will this be about whether I have a defence or not? I am not the student in question, even the date of birth on the University application form is not mine. I have not even entered this country on the set date or year the student was mentioned to be at the University. I think they should be providing evidence beyond just names. Besides, it's only just First and last name that matches, whereas I have a middle name reflected on all my documents. Can they not prove outwit just First and last name? I haven't even been summoned to court e.t.c I just started to receive letters. Why is it now me that should be defending a case and then have to pay for court hearing? This is ridiculously unfair!What other options do I have please?
Expert:  Ash replied 5 months ago.

There is a valid Judgment, if you dont have a defence then you have to pay it.
If you do have a defence the CCJ will be set aside.

Options:

1) Pay it or agree to make regular payments

2) Contest it using the steps I have outlined 1-7 above in my earlier reply.

Does that clarify?
Alex

Customer: replied 5 months ago.
How can judgement against a wrong person be termed as valid? There have to be other options. Is there any reason why this CCJ is reflected on my record since it has been passed?
Expert:  Ash replied 5 months ago.

Its not valid - that is WHY you need to set it aside.

There is no other reason why a CCJ is on your record.

Does that clarify? Alex

Customer: replied 5 months ago.
Sorry, I meant there is no CCJ in my record.
Expert:  Ash replied 5 months ago.

Yes it won't show as they are on your record for only 6 years.

You need to apply to set aside otherwise you will get payments deducted.

Does that clarify? Alex

Customer: replied 5 months ago.
Am not quite satisfied to be honest. I've been on Experian since I came into this country 5 years ago and noodle since 2 years ago, I've taken credit cards, loans e.t.c and no CCJ has been flagged up. My company does security and credit checks on me every year since I've joined them and give me all clear, even to this year. I'll have to chase this through other means, am afraid.
Expert:  Ash replied 5 months ago.

But the problem is its in your name.

You have an application. So you must apply to the court to either stay the application for earnings or set the ccj aside.

You must stay it otherwise you will have to pay it.

Those are the legal options.

Does that clarify? Alex

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