Sheriff Arresting Wages & Bank Account - CTAX debt (SCOTLAND)

[lyndsay1]

hi

i was wondering if anyone could give me some advice please,

 

Charles Anderson are currently arresting my partners wages for unpaid council tax,

 

we recieved a letter yesterday and my partner phoned and spoke to them to be told they are also going in for a bank arrestment ontop of his wage arrestment are they entitled to do this?

 

my partner told them he wont give them bank details to which they replied they do not need permission but surely under the data protection act his bank wont give them these details?

 

Any advice would be greatly appreciated

[citizenB]

I think they are allowed to do this, however, I will find someone who will be able to confirm for you.

[citizenB]

Oh, I have just noticed they are going for both bank and wages.. ! I am not sure they can do both ? Have asked others to look in on you.

[citizenB]

http://www.adviceguide.org.uk/scotland/debt_s/debt_action_the_creditor_can_take_s/action_the_creditor_can_take_scotland.htm

 

There is some information on the CAB website at the link above. I cant see anywhere that they can do both at the same time. There are strict rules on what they can and cant do apparently.

[lyndsay1]

thankyou so much

[citizenB]

http://www.scotland.gov.uk/Resource/Doc/180529/0051297.pdf

 

On the link above, you will see on page 4, that there is a flow charge with steps you can or should take. If you scroll down you will see on one side under debts such as catalogue / credit card companies there is a point

 

 

Having your wages and/or bank account arrested?

Go to 6a

This implies that both can be arrested.

 

However, on the right hand side under Local authority or central government debt they imply only one can be arrested.

 

Having your wages or bank account arrested?

[AndyOrch]

Wage arrestment or bank account arrestment

 

Earnings arrestment

 

If you are working, the money you owe can be taken from your wage or your salary by an earnings arrestment but before this can happen your creditor will have taken you to court and been awarded a court decree.

 

In most cases you will have been sent a charge for payment. This is a warning that unless you pay what you owe within 14 days they are going to take further action to recover the debt. After 14 days a creditor can instigate an earnings arrestment. If the earnings arrestment proceeds, your employer may charge you a small amount for dealing with the earnings arrestment.

 

How does an earnings arrestment work?

 

Your creditor will send the earnings arrestment to your employer. Your employer must make deductions from your wage or salary. You cannot ask or expect your employer not to do so. The deductions are made every pay day in the same way that tax is taken off your wage or salary. Your employer sends the money to the creditor who served the earnings arrestment.

 

Do I get a copy of the earnings arrestment?

 

Usually you will get a copy of the earnings arrestment. If not, your employer can provide a copy.

 

How much money can be taken out of my wage or salary?

 

There is a limit on how much money can be taken from your wage or salary. That limit depends on how much you earn and whether you are paid weekly, monthly or in some other way. The limit is fixed by law and your employer should have a note of how much may be deducted. Click here for tables showing the maximum that can be deducted from your earnings

 

Bank account arrestment

 

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

 

How does a bank arrestment work?

Your creditor sends 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 that is more than the total amount which you owe.

 

Regards

 

Andy

[dx100uk]

why have you got CTAX debts

 

 

can you tell us the story please as well.

 

 

its very unusual for it to get this far

unless you have not known

or have been ignoring the councils attempts to resolve the CTAX debt.??

 

 

dx

[lyndsay1]

myself and my partner fell into a situation financially where we ended up with rent arrears

and had to make payments of £100 a week to clear this,

 

we had payed half the ctax bill but had to make a descision of paying the council tax or feeding our two children,,

guess which one we chose?

 

then out of the blue yesterday get told by charles anderson that there was another outstanding balance of £495.93 that we knew nothing about,

 

i have emailed charles anderson requesting copies of these bills

 

now we are in the situation where they are arresting my partners wages and also trying to get a bank arrestment,

 

the letter stated they are sending out a sherriff officer on the 9th feb and my partner should be in attendance

 

he told the lady on the phone yesterday he would not be here as he will be at work

to which she replied well we are sending him anyway!!

 

just so they can add anotrher charge of £80 for him to put a letter through the door!

 

these people are vile

do not care about peoples finacial difficulties

or the fact they are tipping people over the edge,

 

so there you go dx

 

thats my story

[citizenB]

Had you informed the local authority of your financial situation ?

 

Indeed, if they are claiming there is another outstanding bill, then you are entitled to know exactly what it is for.

[lyndsay1]

yes spoke to the council yesterday after recieving the letter from charles anderson

 

 

nothing they can do to help once they have passed a debt to charles anderson thats it

[citizenB]

yes spoke to the council yesterday after recieving the letter from charles anderson nothing they can do to help once they have passed a debt to charles anderson thats it

 

Sorry, I meant had you spoken to them prior to the account being handed over to the Sherriff. Which it appears you hadn't.

[maroondevo52]

Hi,

 

You will have to deal with the Sheriff Officers, they will have another Charge for Payment, thus the £80 fee.

 

Regarding the Wage and Bank account arrestment, they can do both at the same time.

 

If there is not enough funds in the Bank Account to cover the debt they can freeze the account.

 

Did you receive a Charge for Payment, there's

a 'Sticky' thread in the Forum regarding this.

[lyndsay1]

im not aware of a charge for payment and im new to this forum so unsure what a 'sticky' is

[maroondevo52]

Sorry, I'm on my phone and it's difficult providing 'link's,

Hopefully another Site Team member will point you in the right direction.

[lyndsay1]

thankyou.

[maroondevo52]

The Council will have obtained a Summary Warrant, which they do not have to inform you off.

 

There then would be a 10% surcharge added to the debt.

They would then pass the debt to the Sheriff Officers who would then apply for a Charge for Payment which once expired normally after 14 days, gives them powers to get the money due by other methods mainly Wage arrestment and Bank Account arrestment.

 

Your right about them not giving a jot regarding the situation you find yourself in but I've found in the past they will come to an agreement will you regarding a payment plan.

 

If you manage to arrange one, only offer what you can comfortably afford and don't miss any payments because they will then apply for another Charge for Payment adding another £80 to the debt.

 

Last time I missed a payment they hit me with a £98 bill.

[lyndsay1]

my partner was willing to enter into an agreement with them yesterday

and they said they want £130 a week till the £495 is paid off now that is just laughable!

 

my partner earns minimum wage and is working 6 days a week to get us back on our feet

 

to be asking for that kind of money ontop of a wage arrestment

 

and not taking into account other outgoings is just not plausible

 

when he explained all this to them they said well it will be another arrestment,

[maroondevo52]

I have not had any dealings with Charles Anderson so not sure how hard they push for payment.

 

If you want to find out what payments you have made in the past to the Council you can send them a Subject Access Request, most Councils do this online and it should not cost you anything.

[dx100uk]

here:

 

 

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

 

 

dx

[dx100uk]

which council is this please

 

and how many months / years have you had trouble paying the CTAX.

 

how did you used to pay it

and how often.

 

are you getting all the benefits you are entitled too

if you are on low wages?

 

most councils have a benefit maximisation team that will check things for you and help

 

dx

 

 

 

 

dx