Advantage Finance ltd AOE no notification given

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Phil Nooski
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#1 Advantage Finance ltd AOE no notification given

Post by Phil Nooski » 07 Feb 2017 15:20

Hi there,

I am hoping for some advice here dealing with an attachment of earnings issue.
I received from Cardiff County Court, a letter stating an attachment of earnings order has been made to my employer, claimant is Advantage Finance LTD.I have not received any letters or forms from the court, or from Advantage themselves regarding this.

On the letter it states I am in arrears under a Judgement /order from CC at Grimsby. There is nothing on my recent credit file regarding this.
I had last had dealings with Advantage in 2006-2007, nine years ago and have heard nothing from them in nine years. Is the debt then statute limited barred?

I believe Advantage has sent ant correspondence relating to this to my previous address, which I left 2 years ago. I also believe they knew of my current address as I been on the electoral register in this time, plus have 3 emails from them relating to car finance, where a broker approached them for 3 separate applications for credit, the earliest one May 2016, so surely they would have had my current address then. I am wondering if they done this as a means to stop me defending any claims?

I am also led to Believe CCJ's older than 6 years need special permission from the court to further enforce the original claim?

I have wrote to the issuing Court regarding this and there reply is I need to apply to have it set aside. I believe this will cost me £250 which I think is unfair and at present unable to afford.
If this is ruled in my favor, would I be able to claim back court costs and money taken from my earnings so far?

Any help on this will be much appreciated.

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#2 Re: Advantage Finance ltd AOE no notification given

Post by Pote Snitkin » 07 Feb 2017 17:50

The set aside fee can be waived if you are on a low income, see here - https://webcache.googleusercontent.com/ ... clnk&gl=uk

If an AOE order has been granted, they don't have to inform you of this.

A CCJ can be defended if the application is 6 years after the last payment; if a CCJ is already in place but hasn't been enforced for over 6 years, the court needs to give permission for enforcement to continue.
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#3 Re: Advantage Finance ltd AOE no notification given

Post by Schedule 12 » 07 Feb 2017 18:06

Phil Nooski wrote:
07 Feb 2017 15:20
Hi there,

I am hoping for some advice here dealing with an attachment of earnings issue.
I received from Cardiff County Court, a letter stating an attachment of earnings order has been made to my employer, claimant is Advantage Finance LTD.I have not received any letters or forms from the court, or from Advantage themselves regarding this.

On the letter it states I am in arrears under a Judgement /order from CC at Grimsby. There is nothing on my recent credit file regarding this.

It might have been a Tomlin Order. Get the county court claim number. Then ask Court Service the status quo of the proceedings.



I had last had dealings with Advantage in 2006-2007, nine years ago and have heard nothing from them in nine years. Is the debt then statute limited barred?
Its statute barred under section 2 of the Limitation Act 1980. However, if its been transferred up to the high court within the 6 year time limit, the writ extends the time limit for 6 years starting from the issue date on the writ.




I believe Advantage has sent ant correspondence relating to this to my previous address, which I left 2 years ago.
If the address on the writ is wrong then you can apply to have it stayed. A wrong address is evident you are not aware of the proceedings and the enforcement.




I also believe they knew of my current address as I been on the electoral register in this time, plus have 3 emails from them relating to car finance, where a broker approached them for 3 separate applications for credit, the earliest one May 2016, so surely they would have had my current address then. I am wondering if they done this as a means to stop me defending any claims?

I am also led to Believe CCJ's older than 6 years need special permission from the court to further enforce the original claim?
If the CCJ was more than 6 years when it was transferred up to the High Court, then you can apply to stay the execution. No need to set aside the CCJ. Its already dead. You can have a solicitor make the application because you get indemnity costs because the transfer up form made a false declaration the debt was not subject to any limitation.






I have wrote to the issuing Court regarding this and there reply is I need to apply to have it set aside. I believe this will cost me £250 which I think is unfair and at present unable to afford.
Its £50 is you make the application without notice. In any case, you can ask for your costs. You are guaranteed them if you can show the CCJ was more than 6 years on the date it was transferred up to the high court.







If this is ruled in my favor, would I be able to claim back court costs and money taken from my earnings so far?
Yes, but costs are not guaranteed unless a factual error or an error of law was made by another party - including a judge.



Any help on this will be much appreciated.
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Michelle
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#4 Re: Advantage Finance ltd AOE no notification given

Post by Michelle » 07 Feb 2017 21:37

Phil Nooski wrote:
07 Feb 2017 15:20
I am hoping for some advice here dealing with an attachment of earnings issue.
I received from Cardiff County Court, a letter stating an attachment of earnings order has been made to my employer,
What exactly have you received? Would be useful if you could post up a redacted copy of it. Was it an N56 form? Usually you would receive that form when an AoE application has been made, an application is not the same as an order. It is possible to apply for as suspended order and make an offer of repayment on that form.
Phil Nooski wrote:
07 Feb 2017 15:20
claimant is Advantage Finance LTD.I have not received any letters or forms from the court, or from Advantage themselves regarding this.

On the letter it states I am in arrears under a Judgement /order from CC at Grimsby. There is nothing on my recent credit file regarding this.
I had last had dealings with Advantage in 2006-2007, nine years ago and have heard nothing from them in nine years. Is the debt then statute limited barred?
That would depend on the date when the claim that led to the judgment was issued. If the claim was issued six years after the last payment or written acknowledgment, then the debt was statute barred at the time and you could apply for the judgment to be set aside, however, if the claim was issued before that, then that doesn't apply.

If there's nothing on your credit file, it could be because the judgment is over six years old and has dropped off, in which case it would have been obtained before the debt was statute barred.
Phil Nooski wrote:
07 Feb 2017 15:20
I am also led to Believe CCJ's older than 6 years need special permission from the court to further enforce the original claim?
That is correct.
Phil Nooski wrote:
07 Feb 2017 15:20
I have wrote to the issuing Court regarding this and there reply is I need to apply to have it set aside. I believe this will cost me £250 which I think is unfair and at present unable to afford.
To apply for set aside, you need to show a viable defence to the claim. This would depend on the dates, did they tell you when the judgment was obtained? If the debt was already statute barred, then that's an absolute defence, otherwise you'd probably struggle to find a valid argument to use in your defence.
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Anything posted by me is from my own knowledge and experience, it is not legal advice or the official views of this forum.

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Michelle
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#5 Re: Advantage Finance ltd AOE no notification given

Post by Michelle » 07 Feb 2017 21:45

jasonDWB wrote:
07 Feb 2017 18:06
It might have been a Tomlin Order. Get the county court claim number. Then ask Court Service the status quo of the proceedings.
You would only enter into a Tomlin Order if you have received a claim which you have acknowledged. In this case, the OP knew nothing about the claim, sounds like a default judgment as a result of court papers sent to an old address.
jasonDWB wrote:
07 Feb 2017 18:06
Its statute barred under section 2 of the Limitation Act 1980. However, if its been transferred up to the high court within the 6 year time limit, the writ extends the time limit for 6 years starting from the issue date on the writ.
S.2 LA 1980 refers to actions in tort, s.24 deals with judgments:
24 Time limit for actions to enforce judgments.

(1)An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable.
However, as per my previous post, there is case law where the court has given permission for a judgment older than six years to be enforced.
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Anything posted by me is from my own knowledge and experience, it is not legal advice or the official views of this forum.

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Phil Nooski
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#6 Re: Advantage Finance ltd AOE no notification given

Post by Phil Nooski » 08 Feb 2017 15:50

Hi and thanks for replies to this.

"What exactly have you received? Would be useful if you could post up a redacted copy of it. Was it an N56 form? Usually you would receive that form when an AoE application has been made, an application is not the same as an order. It is possible to apply for as suspended order and make an offer of repayment on that form."

All Have received from the Court is an official letter Stating money will be deducted from my employers each month, for Advantage finance. Will post picture of letter later showing it. Nothing else has been received, no N56 form or no prior warning.

I wrote to the court issuing the AOE and all I had back was a letter, a sentence long, saying if I want it stopped, then I need to apply to have it set aside.

There is nothing on my credit file regarding a CCJ off Advantage, though I do believe one was made in 2006 or 7.

An address at the bottom of the letter regards Northamptonshire court, I'm not sure which one I would need to go to in the first instance.

I have received no letters from Advantage or given acknowledgement of the debt for at least 8 years.

Thanks again

Phil Nooski
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#7 Re: Advantage Finance ltd AOE no notification given

Post by Phil Nooski » 09 Feb 2017 11:20

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Here is a copy of only letter I received regarding this
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Michelle
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#8 Re: Advantage Finance ltd AOE no notification given

Post by Michelle » 09 Feb 2017 21:19

Phil Nooski wrote:
08 Feb 2017 15:50
All Have received from the Court is an official letter Stating money will be deducted from my employers each month, for Advantage finance. Will post picture of letter later showing it. Nothing else has been received, no N56 form or no prior warning.
They should have sent you the N56 when the application for the AoE was made, makes me wonder whether all the paperwork has been sent to another address. If they know your employer's details, they can go straight to them if you don't respond to the N56, but I also wonder how they obtained those details about who your employer is.
Phil Nooski wrote:
08 Feb 2017 15:50
I wrote to the court issuing the AOE and all I had back was a letter, a sentence long, saying if I want it stopped, then I need to apply to have it set aside.
Are they referring to the judgment itself? The AoE could be suspended but not set aside as such. Obviously if the underlying judgment was set aside, the AoE would cease to exist.
Phil Nooski wrote:
08 Feb 2017 15:50
There is nothing on my credit file regarding a CCJ off Advantage, though I do believe one was made in 2006 or 7.
If the judgment was made that long ago, it would have dropped off the registry and the credit files.
Phil Nooski wrote:
08 Feb 2017 15:50
An address at the bottom of the letter regards Northamptonshire court, I'm not sure which one I would need to go to in the first instance.
Most money claims are submitted to, and processed by, the Northampton Bulk Centre. This must have been a default judgment obtained by the claimant when you failed to acknowledge the claim, possibly because you never received it.
Phil Nooski wrote:
08 Feb 2017 15:50
I have received no letters from Advantage or given acknowledgement of the debt for at least 8 years.
Once they have obtained judgment, it doesn't make any difference. You would have cause to apply for set aside if the debt had been already statute barred when the claim was issued, for that it should have been issued in 2012/2013, in which case the judgment would still show live on record. Sounds like it was from 2010 or earlier, when the original debt wasn't yet statute barred.

Are you able to do without the amount your employer was ordered to deduct from your pay every month?
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#9 Re: Advantage Finance ltd AOE no notification given

Post by Phil Nooski » 10 Feb 2017 00:26

"Are you able to do without the amount your employer was ordered to deduct from your pay every month?"

No

Plus, Any help as to what to do or where to go next would help. I should have been given an N56 though?

I am considering a SAR letter to Advantage, but it can take 40 days for them to respond. Would I be able to request from the court copys of any of there correspondence? Id have proof then it went to an old address.

Again, any help would be appreciated.

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