Wage arrestment through an English Court?

[rising155]

Hi all

 

I'm sure this question has been asked many many times but I can't find a definitive answer so thought I would ask myself.

 

I received a letter from Moon Beever Solicitors in relation to a pay day loan (£201). They have advised if I dont contact them they will apply to Northampton County Court to arrest my wages.

 

My question is can they do this through an English court or does it have to be done in a Scottish Court as I am domiciled in Scotland (always have been)? I seem to be finding conflicting info so thought I would ask. I am going to contact them but just wanted to know for my own information.

 

Many thanks

[maroondevo52]

Hello and Welcome,

 

As far as I know Northampton County Court do not have Jurisdiction in Scotland and would have to apply to have you sued in your local Sheriff Court, there's a link here from the Govan law Centre.

 

http://www.govanlc.com/suedinengland.htm

 

Regards,

 

Scott.

[rising155]

Thanks for the reply Scott

 

Thats what I thought and I had come across the Govan Law Centre post but read so many different posts with different views!

 

Many thanks

 

Anne

[maroondevo52]

Hi Anne,

 

I received a Claim Form from Northampton County Court a few years ago the Claimant being Cope's Solicitors, my defence was.......

 

Denied that this court has jurisdiction. I reside at [insert your full postal address]. This is my principal or main home and I am domiciled here for the purpose of section 41 of the Civil Jurisdiction & Judgments Act 1982 ('the 1982 Act'). I entered into a contractual agreement with the plaintiff as a consumer. Paragraph 3(4) to schedule 8 of the 1982 Act provides as follows: "(4) Proceedings may be brought against a consumer by the other party to the contract only in the courts for the place where the consumer is domiciled or any court having jurisdiction under rule 2(i)". Rule 2(i) concerns moveable property which has been arrested and is not applicable. Paragraph 3(6) does not apply. Accordingly, this action is incompetent for want of jurisdiction and should be dismissed with expenses in favour of the defendant.

 

Wasn't long before I recieved a copy of the Claimant's Notice of Discontinuance

 

To enforce a CCJ in Scotland, the creditor has to register it for enforcement at the Books of Council & Session (Court of Session) which will then give the authority for a Messenger-at Arms (Officer of Court similar to a Sheriff Officer) to serve a Charge for Payment then after 14 days:

serve an earnings arrestment (does not affect JSA);

bank arrestment;

attachment of possession outwith your home (ie a car provided it is valued in excess of £1,000).

 

Alternatively, a creditor may pursue a creditors sequestration (bankruptcy) at the sheriff court.

Edited October 13, 2013 by maroondevo52

[rising155]

Thanks very much for the advice, its very helpful

 

I am going to contact them to arrange payments, don't want to be in the position of any court action!

 

Thanks

Anne