Earnings Arrestment

[craigers]

Just received notification of earnings arrestment through the post for council tax. Is there any way to appeal this. By my calculations, thats around £250 quid a month out of my wages, money I can't afford. We are a family of four and this will cripple our household budget.

[Crocdoc]

In short no, once an earnings arrestment has been served your employer is legaly bound to make the deductions. Council Tax is a Statutory debt and once a Summary Warrant has been granted there is really nothing that can be done.

 

I accept that this is not what you wanted to hear, but I am afraid that you are caught between a rock and a hard place.

[Crocdoc]

Do you have other non priority debts, as there may be other methods of dealing with your situation.

[craigers]

yes i have other debts. i was actually in the process of getting a dmp sorted, but thats that plan blown out the water now.

[Crocdoc]

I don't know your full circumstances, however I would suggest that you look at the Debt Arrangement Scheme (DAS) through a free advice service as it is possible that this would solve your problem as Council Tax could be included and the arrestmentl lifted. This would not be possible in DMP and furthermore some of your money would be lost in fees. DAS has many advantages as it is set up and managed free of charge so long as you go through an organisation such as CAB, unlike DMP DAS automatically freezes interest and charges upon acceptance, it also protects you from enforcement action and protects the property if you own your home.

 

For more information go to Money Scotland.Gov

 

GOOD LUCK

 

If you think this information is of assistance, please click on the star

[craigers]

Can the DAS override the arrestment though?

[Crocdoc]

Yes, upon acceptance of the proposal the arrestment will be lifted, (So long as it is not conjoined) this simply means that there should not be more than one creditor sharing the proceeds of arrestment)

This will give you the opportunity to address all your debts over a reasonable period(normaly not exceeding 10 years) I would also strongly advise that you meet your ongoing Council Tax Liability to avoid further difficulties in future.

 

I would also suggest that you make a joint application with your wife / partner as Council Tax is joint and several.

 

This suggestion is based on the limited information I Have, therfore I would suggest that you visit Money Scotland. Gov and look for yoiur nearest FREE DAS agency. Depending on the number of debts and the complications of obtaining balances, the process can take a number of weeks to set up.

 

I hope this information is of assistance.

[craigers]

Thanks Croc. I'm on the case.

[Crocdoc]

JOB Done

[IdaInFife]