Attachment Of Earnings And Credit Score/rating.

[alison5023]

Good afternoon,
I have received a letter headed 'Attachment of earnings -Fines'. It seems British Gas have been sending correspondence to my parents address and I have just found out about it through work. I am in a position to pay this amount (£335.00) in full tomorrow ( 6 days after the issue of the letter). The payment isn't a problem....however I am getting a credit check done in the next 2-3 days. The checks are to be able to move into a property as a private tenant. My question is this...am I right thinking its a fine and NOT a CCJ? Am I right thinking this fine, if paid in full within 14 days of the date of the letter will then be 'not recorded' on my credit score? I'm worried as I have put in notice at my present address and have a move in date at my new place (subject to checks). If this all goes wrong I will be homeless with my kids!
Also I'm a teacher, its summer holidays. Am I right in thinking that when this fine is paid in full tomorrow that will halt any further dealings with my employer. I have read conflicting advice stating that attachment of earnings can be with or without a CCJ? Confusing. I have definitely not received a N56 form to ask about any earnings which is why I think its not a CCJ? Any advice would be most welcome.
Thanks in advance Alison

[hc4361]

Seems odd to me. Who sent the letter - British Gas or the County Court?
Have you checked your credit rating? You can do this for free:
https://www.experian.co.uk

[bednobs]

to get an attachment of earnings order, the court must have been involved for a CCj. Whatn does the letter actually say?

[Buenchico]

An attachment of earnings order can't be made unless:
(a) a CCJ has been issued ;
(b) the debtor has defaulted on the CCJ ; and
(c) the creditor has then gone back to court to seek the order.

Given that all that takes time, you'll now be beyond the 30 day period where you can get a CCJ removed simply by paying the money owed, it would seem that you're now stuck with the CCJ on your on your credit record at the Register of Judgements, Orders and Fines for 6 years from the date that the CCJ was awarded.

However if you can show the court that you provided the creditor with your new address (and that they failed to take note of that fact when pursuing you for the debt) you can apply for the judgement to be set aside. If that happens the CCJ will be removed from your record.

If you can't get the judgement set aside you can apply for a Certificate of Satisfaction to show that you've paid the debt in full. (The CCJ wil remain on your record for 6 years but be marked as 'satisfied').

Start by paying £4 here to check that the CCJ actually exists:
https://www.trustonline.org.uk/search-yourself

Then read this and act to either get the judgement set aside or to have it marked as 'satisfied':
https://www.trustonline.org.uk/understand-judgments-fines/ccjs-and-county-courts/removing-a-ccj

Also, first thing tomorrow morning contact the landlord (or their letting agent) to explain the situation. (If possible, actually show them the letter which you've received, so that they can see from the date that you've only just become aware of the problem). They'll be far more likely to overlook the presence of a CCJ on your record if you've explained the circumstances in advance, rather than if you seem to be offering excuses later on.

[alison5023]

Hiya and thankyou for the responses. I have now been in touch with the court, magistrates, first thing this morning. It transpires that it was a bloody speed camera. As the correspondence was sent to my parents address and not my own, which they did have on record and fully admit the mistake, I was advised to apply for a hearing which the probable outcome would be a reduction to the original fine. I was assured it was a fine issued by the police and not a CCJ. Apparently they have the authority to issue a court order for attachment to earnings without a Ccj. Phew. I was also assured more than six tines(I did get the lady to check with the court manager too) that this would definitely not show up on any official or otherwise credit check. Phew again. I paid the fine, I have no time to attend a magistrates court nor the mental capacity to have this hanging over me right now,
all £335.00 of it, almost killed me...Lol. And I was assured that my employer would be informed today that no attachment to my wage will go ahead. Phew phew phew. Lesson learned?? Visit my parents more often! Thank you all again for your responses. Appreciated.

[hc4361]

Glad you're sorted, but why did you think it was from British Gas?

[Peter Pedant]

well clearly no one read
https://www.stepchange.org/debt-info/debt-collection/attachment-of-earnings.aspx?WT.srch=1&WT.mc_id=291003&WT.seg_1=%2Battachment%20%2Bof%20%2Bearnings&utm_source=bing&utm_medium=cpc&utm_campaign=Outcomes%20%26%20Problems%20-%20Broad&utm_term=%2Battachment%20%2Bof%20%2Bearnings&utm_content=Outcomes%20%26%20Problems%20-%20Broad%20-%20Attachment%20of%20Earnings%20-%20Attachment%20Of%20Earnings

" There are several situations where a creditor can take money directly from your wages, and in some cases this can be done without court action. This is called an attachment of earnings. "

quite q few actually

I thought the tax man could ( he can)

[Peter Pedant]

Parents in my view are not good guardians of this sort of thing

I went to Egypt and my mother cheerfully wrote to the income tax fellas that I was working in Egypt now
I wasnt - I was doing it for free.
Insistent demands from the tax man over the next year about declaring my earnings. "I can clearly see now that I have mad a mistake" - well at least she didnt say Dubai or Abbi Dabbi

She also turned down a place for an MA for my sister -
she later commented "Time she got a job!"