Scott and Co - Funds Arrestment for Parking Ticket

[aaaargh]

Hi everyone, i wonder if you can help

 

I got a parking ticket a year and a half ago and at the time i really couldn't pay it. I set up a payment plan with Scott and Co for £10 a week but only managed 2 payments as i couldn't afford to keep them up. They informed me they were going to arrest my wages , so i thought well that's fine at least they'll get their money (which due to the elapsed time had reached £223)... (I know , i wish i had just paid the £30 fine a the time.. but i just couldn't) ... so before the wage arrestment i asked if i could pay them certain amounts on certain dates.. in which they replied no , the wage arrestment was in place and that was that... so 2 months came and went and no money was deducted from my wages

 

then today i got a letter informing me of an impending fund arrestment . the letter reads as follows

 

"We have recently executed a funds arrestment in repsect of the debts detailed above. This means that you may not hav access to funds held in your bank account or due to you by a third party. It is essential that you contact us immediately on the above telephone number to prevent further action proceeding against you to obtain release of the arrested funds to our client"

 

It also states that i now owe them £319.85 .. this is insanity !!! I remember the parking ticket , i was like 6 minutes over my time. hese amounting charges are wholly disproportionate and if i could have paid the amount at the time i would have.

 

I have sent them an email stating why they went ahead and done this and would they please let me know what i can do to prevent any further action, but for now i shall send £10 every Monday. I then went on to their website and noticed i could make an online payment, so i sent them the £10 ..

 

Can they actually arrest my bank account? does anyone have any advice as to what i could do to prevent this from happening? any advice would be really appreciated

[postggj]

is this Scottish legislation, i am shooting in the dark if so

 

i take it the parking company have already put this before the county court

[aaaargh]

Yep it's Scottish Legislation.. the parking fine was issued by Edinburgh City Council .. sorry if i posted this in the wrong place , newbie here , lol

[aaaargh]

also how do you know if it's went to county court? .. i've not received any letters stating it has

[postggj]

Is this a solicitor who sent you a letter or a private parking company just issuing threats

[aaaargh]

It's a Sheriff Officer that sent the letter .. "Scott and Co"

[postggj]

It seems to me that the parking ticket went legal, to arrest your wages they would have to do it through the court by an application notice i would think.

 

You would be notified to object. I do not think they can just do it

 

Your best bet is to send them an email asking for all the details on this ticket, court, CHARGES etc

 

Sorry i cant be more help but the Scottish legal system does differ from the English and i do not want to advise when i do not understand it myself

Edited April 15, 2013 by squaddie

[aaaargh]

I was thinking the same.. i'm wondering if this letter is a scare tactic. I'm going to continue to pay the £10 every Monday (providing that it IS a scare tactic) .. how can they find my bank account though? surely i would need to provide them with my bank details? , no? ... like i said, im very appreciative of any help regardless of your knowledge .. thanks again

[postggj]

I myself would send the email, if they have made that statement and not arrestment of wages, then they are in serious trouble

 

look at the letter again

 

does it say could, may, perhaps etc rather than they have done it

[aaaargh]

it says "we have executed a funds arrestment........ you may not have access to funds held in your bank acount......"

[postggj]

that could be, applied to the court etc

 

Send that email and demand all details on the parking ticket,charges,fees, any court action, DETAILS OF THE ARRESTMENT OF WAGES, etc

[maroondevo52]

Hi,

 

If you are in a position to offer Scott & Co regular payments I would give them a phone, ask them for a breakdown of the total amount due and arrange a payment plan.

They arrested my Bank account some years ago for a Council Tax debt, they do carry out their threats.

 

I'm surprised they did not action the Wages Arrestment, sometimes this works in your favour as there they can only take a certain amount in line with your earnings.

 

The Council can get special fast track powers for Parking fines ect.

[aaaargh]

Thank you all for your help , much appreciated. Well i got an email back from them today stating that the earnings arrestment didn't go through because my employer advised them i didn't work there... very odd, i'm thinking a personnel error. so anyways , thats why they went for the bank arrestment. They stated that they would accept my offer of £10 a week but that the bank arrestment would stay in place... does anyone know what this means ? .. so i sent them an email back thanking them for their quick reply and if there was any way a payment agreement could be put in place that would lift the arrestment ... wonder what they will reply to that.

[maroondevo52]

There seems to be a Protected Minimum Balance in bank arrestments, it's not something I've come across myself, the PMB sets out a minimum amount which is protected from arrestment and provides important protection for those who may have their bank account arrested. The PMB is £460.06.

This came into force 6th April 2013.

 

When I had my account arrested there was £108 in it, not enough to cover my debt, five years later we were given access to these funds.

[IdaInFife]

They can only take any monies from the bank account if above the amount MD has advised.

 

If you have reasons to do so i.e. the wages arresstment error you can raise an objection at your local sherriff court.

 

They normally send the bank arresstment letter on the day they have applied to the bank for it.