Attachment of Earnings

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T
TenantsRus
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(This is a follow-up to the same scenario I queried here:
http://www.rla.org.uk/landlord/forum/post.fhtml?postID=29194)

Following a successful S8 repossession through PCOL I wish to instigate an Attachment of Earnings order against my ex-tenant. My understanding was that I should send an N336 to the court asking for a search of the (national?) Attachment of Earnings register, and if there is already one in place, I should apply to have my debt tagged on to the existing order, at no extra cost to me. Correct? (I'm 99% sure the debtor does already have one in place).

After several wasted weeks being passed between Northampton and my local court, the local court have advised me they have got the case transferred from PCOL to them (seems a bit odd since it was dealt with in the court, but anyway). They tell me that there is no current AofE in force for this defendant at my local court, but they have no way of finding out whether there is one in force elsewhere! and I should just go ahead, pay my fee, and apply for a new AofE.

Isn't that the whole point of N336 though? I'm then advised that this would not be a good idea to tag my debt on to an existing order, as I'd get nothing for 12 months (?!) and then would only get a small proportion of the total monthly payment anyway - so therefore far better to start my own AofE now and I'll get more.

Am I being given correct advice here? - doesn't sound like it to me.

Finally, can you confirm whether it's OK to use my property address as the tenant's last known, although I know he's vacated (and any communication will go back to the court marked 'gone away)'?


08/11/2009 00:00

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