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Student Loans CCJ and Attachment of Earnings for paid debt

(5 Posts)
moneytrouble Thu 05-Jul-07 12:24:17

I have posted before regarding this.

My DP has received, in Jan, a letter from SLC claiming he owes £1500, which he paid in 1999/2000 or thereabouts. He has heard nothing since from them, of course not concerned as no reason to hear from them!

Anyway, they claim he owes this money, he has disputed this, they have sent a copy of his credit agreement, which of course existed as he owed it once! (it was not signed by them btw, although it states on reverse it is not binding until signed by them).

They claimed he has a CCJ, he has asked for proof as has never had any information about this sent to him. We are guessing now it is due to moving home a few times. Of course we did not let them know, why would we!

So, he sent them a Limitations Act letter, advised by legal chap, and they have responded by saying they have requested an Attachment of Earnings Order through the courts, and if he 'settles up' within 10 days this can be stopped. They still have not provided any evidence of this CCJ, other than a case no at the top of the letter which could mean anything.

He has tried to get statements from the period in question, however the bank he was with, account now shut are being awkward about this, saying it is over 6 years so they cant provide this information.

So, a couple of questions here
1. What is the process of an Attachment of Earnings Order? I have aread a little but a bit confused. Does my DP get informed before this is issued? The SLC sent him a cobbled together request for earnings and expenditure - is this the statement of earnings that the court need, or does the court ask for this directly?
2. How can he appeal this? He is struggling to get evidence to prove he paid.
3. Can he stall this happening while he tries to get evidence. We know that under the Limitations ask, if it is disputed they cannot take action, does this apply to alleged debt once a CCJ is active?
4. He earns minimal amount each month, is it a legal requirement for them to have my income too, SLC have asked for this. This is not my debt, nothing to do with me, was prior to us being together and we are not married, yet.
5. Would they accept a smaller payment, say, 10-20%. We have considered offering a small payment just to get them off his case, and once he has got evidence that he paid in full claim this money back.

All advice welcome!

moneytrouble Thu 05-Jul-07 12:59:57

bump

KittenKat Thu 05-Jul-07 13:12:02

. Sorry I have not got any advice.
Just wanted to bump it for you! Maybe someone can come and help in a bit...

Been in a similar situation myself, well DP did, although he never did pay them, so it transpired! So, he paid them, but it was a more affordable amount.

moneytrouble Thu 05-Jul-07 18:36:57

bump

BetsyBoop Thu 05-Jul-07 20:23:03

this might help explain the CCJ process & what to do if you dispute it.

in terms of getting the info from the bank, have you tried requesting this via the DPA route?

If the bank still have the info they have no choice under the law to send you a copy, it might cost you up to a tenner, but worth it in the circumstances - more info about DPA here

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