Wages Arrestment Scotland

[DEE18]

Hi I had fell behind on my council tax a good few years back, however I had arranged a payment plan with Debt collector for the council and was paying it as agreed. Whilst I was on holiday a payment came out of my bank that I wasn't expecting and this meant my agreement with the debt collectors wasn't paid and they cancelled the agreement, I didn't know this had happened until a week or so later when I arrived back in UK and had a earnings arrestment waiting on me. To be honest I was relieved and this meant paying my debt off quicker that it would have been. That was back in July and 3 payments have now been taken from my wages. I am now moving job into a small family firm and don't want them to be aware of the arrestment. I am more than willing to pay what I have been paying through the arrestment or possibly a bit more but is there anyway around paying it direct and not through your employer?

 

Sorry for the load of info this is my first post!

 

Many thanks

Dee

[maroondevo52]

Hello and Welcome,

 

When you say Debt Collectors I take it you mean Sheriff Officers who have served a earnings arrestment schedule (form 30) on your employer.

 

With the introduction of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (BaD Act) it is compulsory for the employer to tell HMRC.

 

 

How the employee is paid (whether weekly, monthly or otherwise)

The date of employee’s next pay day following receipt of the earnings arrestment

The sum deducted on that pay day and the net earnings from which it is deducted

If the employee leaves their employment and

The name and address of the new employer if known.

 

I take it your employer will know where you are going to work ?

[maroondevo52]

Hi Dee,

 

I'm going off-line, you can apply for a 'Time to pay Order'.........

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?185249-Have-you-received-a-charge-for-payment-arrestment-summary-warrant

 

If you leave your current job and the Sheriff Officers can't get access to your new employers details they can arrest your Bank Account (if they have your details)

 

If you have money in a bank or building society account or with a credit union, the money you owe can be taken from any of these accounts.

 

The Sheriff Officers would send the arrestment to your bank, building society or credit union. When the arrestment is served, the money, which you have in your account, is frozen and you cannot withdraw that money or use it to make other payments such as standing order or direct debit payments.

 

All the money in your account is frozen, even if it is more than the total amount which you owe.

 

The Sheriff Officers don't get the money that has been frozen right away. They have to go to court to force your bank or building society or credit union to release the money. The court will order your bank or building society or credit union to pay the amount that you actually owe. The court may also order you to pay the costs of doing this court action.

 

I know someone who had an wages arrestment in place then lost their job but they continued to pay the Sheriff Officers direct.

[kirstyo]

If there is going to be a gap inbetween leaving one job and starting the next call them just before you leave and tell them you are about to stop work, therefore there will be no wages to arrest and can you set up a payment plan instead. I managed to get this done but I was giving up my job to go to uni and wouldnt have any wages they could arrest, it might work for you though as long as your current employer doesnt give them your new employer details