After a concerted attack this afternoon, I got them to back down. I queried the charge of payment, being delivered to an obviously empty building in July 2009. Asked what the policy was for recording the outcomes of their visits, registering fees, expenses etc. Their answer was I'll have to check those details. Then I queried the legality of the action quoting "upon commencement of part 12 of the BAD act 2007, creditors are required to serve a charge of payment PRIOR to execution of Diligence following a summary warrant." Following this I asked him if he knew which statute these acts came under, he responded by prompting me to look up the local government finance act. I responded with, why? I don't query your right to request the warrant, just it's execution!!!! I could have jumped for joy as he made his excuses and got off the phone promising to get back to me before 3pm. The man from adamson did indeed call, he allowed that I would not be required to cover their expenses, I would still have to create an agreement to cover my own arrears. He said not less than £100/month, I giggled and said try more like £50, he asked to split the difference. My wife in the background said firmly "£60 for 6 months, then we'll talk about it." I had to laugh, because he didn't even argue. I went to their local office to get a letter for my bank to release their funds and to sign the agreement. However the very nice little lady was having a bad day, she was all alone with a bust printer, so she had to call head office who drafted the letter to post to the arrestments dept of my bank, I requested a copy, "for my records", which they kindly faxed over. I smiled brightly, thanked her for all her help and left. No pen on paper, just a verbal agreement (under duress as they still held my money). I'm hoping the worst is over, fingers crossed. Thanks for all your help.

Ok, update. Talked to debtline, not really much use, knew all that they suggested. And they wouldn't or couldn't answer my question as to the legality of this action if the charge was not delivered. Contacted the sheriff officers adamson again, got some more info. Turns out they did "execute the charge" translated: it got posted in an empty house back in July 2009. Here's the kicker, my bank has attempted to seize funds on TWO occasions prior to my current woes. First on 13th August 2009 and again on January 7th 2010, funds at those times were not enough it seems. At no point did my bank contact me about this situation. Apparently they should have. Asked adamson for a bill for the £128, £125.60 if I go into their office, was told they would give me a receipt only.

ok, got that. read notes on diligence. query, is it our word aganst theirs about the charge of payment. who delivers it, postie? did not receive any special/registered delivery. what difference will that make if any? Also, each time I've said they cannot take benefit in this form they contradict me and in effect leave no room for further argument. I've quoted benefits act of 1996 etc, to no effect.

wow, more reading, goodie! thankyou for that, one thing, you said balance of account being tax credits. And this includes ssp? what about wages, returned to part-time hours 2 weeks ago as need money bad as it was. I must admit the thought of paying their expenses is much like sucking a half lemon. I also have concerns about signing their mandate, wouldn't this put me under contract? Up till now I've retained all my rights under common law, I have plans to assert them soon by becoming a freeman on the land. That changes on the mandate signature.

Nothing like that at all. No warning in writing whatsoever. Wife says no as well. cheers

Yes Account 072######.2 .3 .4 .5 Summary warrants granted in the sheriff court at Linlithgow on 05 August 2008, 07 April 2008, 06 March 2008 & 21 June 2007. Date of Charge 26 November 2008 FALKIRK, 06 February 2009 For the 2009 period they added .6 to the account number. And it seems they lumped all together when executing the summary warrant for the arrestment of funds. Have not seen any documentation other than a letter from my bank telling me about it. They did the arrestment on friday, the letter arrived on the monday. Unsure, I believe Adamson applied charges to the account. I see surcharges on each point as well as a "charge fee" & expenses executing the arrestment on the earnings arrestment schedule. £60.20 £51.41

Thankyou, Update - After 50 minute phone conversation with revenues head man I've been left with 3 options. I advised him that no matter what I was working as the agent of the legaly fictional PERSON created on the birth certificate and would retain all my rights under common law, he brushed straight over my statement. On investigation of my account he stated that adamson had followed proper procedures at all times in their pusuit of the debt and have now been apprised that the 2009 warrant is being withdrawn. He also stated that adamson had reluctantly settled for expenses only, originally wanting to claim much more of the funds. 1. Sign a mandate releasing £128 to adamson from arrested funds, this will take a while to get mandate to me, then back to them, then contact the bank to release funds. Then agree to a scheduled repayment. 2. Go to their local office, pay £125, signing a mandate and agree to scheduled repayment. Then they will tell the bank to release the whole of the funds. 3. Continue to argue my case, risking further charges (each time) and arrestments of funds being made. Turns out the original arrestment was never stopped and is still being applied to the account with my employer. That would require negotiation between myself and adamson to alter.

Due to financial difficulties we were served a notice to quit from our previous address dated on 31/03/2009. An Earnings Arrestment for outstanding council tax, date of charge 26/11/2008 effective as of 06/02/2009 was already in place. I contacted council tax dept before the eviction date to inform them of this and that we would be moved into temporary accommodation. Subsequently due to adverse stress and medical issues within the family I was forced to go on long-term sick pay, number of months later we received a letter Adamson contacted us about the lack of payment and were informed of the situation. After the 31st of March 2009 the landlord was responsible for the property. Please note, to my knowledge the property has since been sold and the letting company that bought it may have gone into receivership. I however seem to have been still held responsible for the past year too Further contact with Adamson was to be frank, dismissed, I had assumed they would be continuing to harass us in regards to the current arrangement, my thinking being, what more could I give them as it would never be enough. An oversight as it turns out on my part. At 4pm on Friday the 22nd of January 2010 an Arrestment of Funds Order, Debtors (Scotland) Act 1987. I was not notified of this, a letter from my bank arrived on Monday 25th of January quoting section 73j of the above ACT relating I believe to the Arrestment Jurisdiction (Scotland) Order 2009. In effect since April of that year. This was dismissed by “Mike” from Adamson in a conversation on the morning of 25th January 2010 at which point I was informed that I would have to seek redress from the sheriff in Livingston, this was in error. At no point did “Mike” inform me that a Summary Notice was the purview of the council revenue officer. He categorically stated that they could in fact seize benefits/tax credits directly by an arrestment of funds order. Further we disagreed that his company could not take funds directly from an account that can show benefits/tax credits going into it. He stated they could under the Bankruptcy & Dilligence Act 2007 Act. I informed him that we are governed BY CONSENT and that I need not sign the voluntary mandate, forcing them to move for an order of Furthcoming. He virtually sneered down the line that under the stated legislation all they had to do was wait 14 weeks I of course wished to come to an arrangement, I in fact was saying this to “Mike” when he cut me off. He asked after an arrangement from today, leaving arrested funds as is with nothing to live on, I have 6 children, 2 of which are 4 month old twins. I was stating “NO to an arrangement as is, however...” at which point I was rudely cut off. After the arrestment I had the grand sum of £26 left in my account after luckily having already done the online food shop. This is inhuman and violates our human rights they as they leave £350 irrespective of family circumstance as far as I can see. Reserving all my right in writing in a wrongful arrestment letter I went to the revenue office. Entered office, introduced myself to officer, stated my reservation of all my rights under common law. He just looked confused and agreed, nice guy though, there are some genuine people who want to help. Stated my case, informed them of what I believed to be breaches of my rights, not served notice etc. Stated to THEM what legislature I believed applied to me, which legislature Adamson was abusing. They asked if I was quoting English law, I replied of course not, pointed out the case of Woods vs. RBS. Finished on the grand finale of who's butt would be in the sling for cancelling the existing arrestment of EARNINGS to replace it for an arrestment of FUNDS to incude a year of counsil tax not applicable to me. The second officer, her face was a picture when she realised that she would have to earn her pay tracking down those persons responsible for the council tax! Tuesday 26th 2010 contacted revenue department to push for resolution, seems like I was expected. Woman I delt with monday was "off sick" - got a lead officer. He came down strong on Adamsons side, claimed there was no case to regain funds arrested as even if debt was wrong, nearly half WAS mine. Re-enforced that legally they could take funds, even from benefits/tax credits as long as £350 was left in the account. The earnings arrestment was cancelled by adamson due to statuatory sick pay not giving them anything towards the debt. And that arrangement could only claim a portion/% of my earning, this arrestment can take more!!! He states that revenues were never informed of my leaving the property, I pointed out that the housing knew, as did the council tax helpline on their switchboard and so on. Even Adamsom knew I had left the property. Now, he calls back, saying that on looking further into the case and contacting adamsom, they will return the funds, less £128 for Adamsons' expenses. Then he stated they would NEED me to sign a mandate allowing this before releasing remainder of the funds. Then put in place an agreement eqivilant to an amount recieved by an earning arrestment order, but obviously a fixed sum. Not a penny to the debt. I am in temporary accomodation, so there is no current council tax bill to append it to. We need that money badly and they know it. I can't go to a solicitor as cannot afford it as they've changed the "law" - now you only get the first 5 mins free from the first 30 mins. Or so I've been told. Help, what do you think?

there used to be that option with company, but no more. Sorted a semi-good finance deal and went to dealers. got an 8-seat 807 (named the BUS). Well pleased but worried about all the extra gadgets on it! Hoping they not break... Sods law

Thanks Joa, have taken on board what you said and have started the ball rolling. Plumber AND electrician coming tomorrow to fix it once and for all. My landlords last property manager has had problems and had to leave his employ so he is taking it all on himself to solve ALL my problems. Seems there was a miscomunicationin january, I told them the problem was even worse but what they heard was problem solved and closed the work order. Waiting to see about Barratt, we lost more than just pots and pans. Peace of mind, wife got pneumonia and I had to take unpaid leave for this in the run up to christmas etc. Anyone know how I could tackle that one?

* bumb *

I was checking out a few for HBOS too and they've killed a few. The direct line to telebanking still works, but not to the automated one.

Cheers livelylad

Hi guys, had a family foo-pah that required my time and have not sent prelim yet, so was just about to post it when I though I'd better give it and my schedule another check. Problemo, maybe, 1st charge claiming for was 26th January 2001 so can I only claim up to the 26th January 2007? The reason I ask is that there are more charges after this in February. My SAR was dated 26th January 2007. To date £3915.00 + Compounded interest.

Looked at this myself and I've been warned off. These guys fight back HARD, banks are cissies compared to the lenders. My last ERC was just a bit less than yours and I'd love to find a way to get it back. Anyone know of any successes at this?