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 Hi, I have had early discharge

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T O P I C    R E V I E W
Gary2002 Posted - 23 December 2009 : 16:55:04
Hi, I have had early discharge which was in October this year. My main creditor got an attachment of earnings order, which i thought had been resolved but this month they have started to take money from my wages. The creditor Halifax was my main creditor.
Any advise?
5   L A T E S T    R E P L I E S    (Newest First)
Housing Posted - 24 December 2009 : 22:29:10
That sounds good - hope it all gets sorted as soon as possible

Richard

"There are no problems - only solutions..."
gpm Posted - 24 December 2009 : 22:19:45
Thank You, i have contacted the Halifax which they are looking into this, seems like they are blaming their solicitors which are HL.

Lucky for me all the same court was used, so should be resloved with one letter hopefully.

Thanks for the advise
Gary
Housing Posted - 24 December 2009 : 15:38:16
Sound advice - as i said, sounds very frustrating!

You will be able to resolve it though, just may take a few visits to the local court.

Good luck, Richard

"There are no problems - only solutions..."
John Posted - 24 December 2009 : 15:21:45
Hi

if the attachment of earnings was through a court other than your local court the first party is obliged to advise the second.
That said, your SoA specifically asks questions regarding attachment of earnings and this matter should have been dealt with.
Additionally your local court may not provide a bankruptcy process service ( many do not) so if you delared bankruptcy in a court other than the local one there could be 3 courts involved.

May I suggest you take a copy of the attachment of earnings order, a copy of your bankruptcy order and a copy of yopur discharge notice, if you have it, to the court at which you declared bankruptcy to try and resolve the issue.

Best of luck

John White
Independent Debt Consultant
Specialising in Bankruptcy - Various Services Available - Free Consultation
Housing Posted - 23 December 2009 : 17:43:33
Hello Gary,

This sounds frustrating!

If the debt was contained within your BR then the debt is now satisfied upon discharge as I see it. (That is looking at the legal side asopposed to the insolvency aspect)

I therefore suggest that the OR send a letter to them or you write to them with the confirmation of discharge. You could do both - i.e. ask the ORs office to write and write yourself.

Was the county court where you went BR the same as the county court where the creditor obtained their attachment of earnings order? If so, maybe approach the clerk to the court.

I wish you lots of luck and hope that someone else may post some suggestions too. Regards, Richard

"There are no problems - only solutions..."

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