Earnings arrestment payments not made to creditor

[lizt67]

Hi

 

Have an earnings arrestment for over £4000 which should have finished a couple of weeks ago.. Looked into it and according to the creditor and my wage slips there is over £900 deducted from my previous employer which was never sent to the creditor.. Cant find any information anywhere about this.. Would be grateful if anyone has had any experience of this and could help me out

 

Thanks

[Conniff]

Welcome lizt67.

 

So everything is fine except £900 deducted from your wages by a previous employer is not accounted for by the creditor ??

 

As you say you have wage slips that show the deductions, then it's not your problem. Is the creditor saying you are responsible ??

[lizt67]

Hi Conniff

 

Thank you

 

I have contacted my previous employers by phone 3 times.. Email twice.. and have had no response.. I contacted the court who issued the arrestment.. They made me feel bad by even suggesting the money hadn't been forwarded by my previous employer.. The creditor had passed the debt to a solicitor who happily gave me details of payments received.. The last being in early nov 2010.. My wages were then arrested at the end off Nov and Dec for a total of £600.. They never received this

 

They received 3 payments over 12 months totalling £900 less than they should have received.. My wages were arrested monthly for a year

 

I cant find any information at all in relation to this

 

Thanks

[Conniff]

But you have wage slips to show it was deducted ?

[lizt67]

I have most of them.. most importantly the Nov and Dec wage slips.. I contacted them a fortnight ago and hoped they would forward the money to the solicitors.. Said it might have been an over-site!!

 

I have emailed again and said if I don't hear by tomorrow I'll need to take legal advice to have the arrestment recalled.. My partner lost his job a couple of months ago through incapacity and is not entitled to any benefits because of my income..

 

We are really struggling.. I have two kids as well.. They are taking £80 a week for an arrestment I've already paid.. now cant afford my council tax!!

 

I suppose my main question is.. What happens to an employer when they don't pay deductions to a creditor??

[lizt67]

The solicitors told me about the payments they had received from my previous and current employer and said it was up to me to seek legal advice.. there was also another £800 interest + court expenses added when I moved jobs.. even taking this into account i've overpaid

[lizt67]

I thought I would not be entitled to legal aid but done an online calculator earlier and will be entitled to some.. Because of my outgoings.. Rent, council tax, dependants etc.. I would rather my previous employers just paid what was deducted.. And the arrestment stopped.. But it doesnt look like thats going to happen.. I have enough hassle working full time with 2 kids.. 3 grown up kids and a full time job.. And disabled partner.. lol .. And my previous employers are a small business and would like to know what would happen before i take legal advice

[IdaInFife]

was the deductions from the previous employer within the last 12 months?

[lizt67]

They were from April 2010 till 24th December 2010.. The last friday of every month.. So the last 3 deductions would still be within 12 months

[lizt67]

Hi

 

Seen a Solicitor today.. He has looked at wageslips etc and will send a letter saying unless money is paid to creditor court action will follow.. However the only option is to raise a small claim myself as there is no legal aid for this amount

 

I still cant believe the finance company and the court are not responsible for ensuring a wages arrestment is adhered to.. Its my responsibillity!! Seems a bit crazy

[IdaInFife]

rsorry for delay in getting back but if the monies in question is queried within 12 motnhs then action can be taken against the employer and they will be sought from the employer after 12 months then yes you would need to seek it personally via claims route - i am trying to locate where you need to complain

[lizt67]

Hi Ida

 

Appreciate you efforts.. Thanks

[Conniff]

And my previous employers are a small business and would like to know what would happen before i take legal advice

 

Hopefully their just desserts - stealing from an employee is a despicable act.

[lizt67]

I know.. Your right.. I'm not happy that i'm still paying an arrestment that should have finished weeks ago.. And it looks as though i'll have to keep paying it right through Xmas.. And go to small claims court against their Solicitor.. But its something i'm going to have to do.. Have tried to read through the small claims jargon.. Cant get my head round it.. Would appreciate a quick.. easy to understand explanation of what i'll need to do if anyone could help

 

Thanks

[Conniff]

Have a read through this liz, if after that there is anything you still need to clear up, just shout.

 

https://www.moneyclaim.gov.uk/web/mcol/welcome

[IdaInFife]

You have to contact the sheriff officers who applied for the wages arrestment they will deal with employer