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  • FIRST POST
    • Dell2u
    • By Dell2u 15th Sep 17, 9:00 AM
    • 19Posts
    • 3Thanks
    Dell2u
    Wages Arrestment timescale
    • #1
    • 15th Sep 17, 9:00 AM
    Wages Arrestment timescale 15th Sep 17 at 9:00 AM
    I'm gathering together all my paperwork to apply for bankruptcy. I've not paid any credit card/loans for 3 months (end May last payment). Apart from phone calls (which I ignore) and letters (which I am filing) I'm coping with the creditors. Now being sent default notices from some.

    Just wondering how long before something serious would happen - e.g. wages arrestment. I am thinking of applying for bankruptcy mid December and I know that you can get Moratorium to stop action for 6 weeks so I'll probably do that in October. Will my creditors be likely to apply to court and start further action by December?

    So far I have written to them a few times, once to say I was having difficulty making payment and moving house so unable to establish household expenditure/income before then. Then another letter giving them my new address. If I wrote to them again, say giving them my SOA would it hold them off a bit longer?
Page 1
    • skintandfat
    • By skintandfat 15th Sep 17, 9:13 AM
    • 172 Posts
    • 106 Thanks
    skintandfat
    • #2
    • 15th Sep 17, 9:13 AM
    • #2
    • 15th Sep 17, 9:13 AM
    They cant do a wages arrestment until they have a CCJ.


    They cant get a CCJ until they take you to court


    They cant require you to give them a SOA- only a judge can order that


    You could do as I did and have all the info on a spread sheet and offer to go over it on the phone


    Before you do the SOA make sure you check it fully and include everything - there is a good change you will have a negative SOA
    • Dell2u
    • By Dell2u 15th Sep 17, 1:39 PM
    • 19 Posts
    • 3 Thanks
    Dell2u
    • #3
    • 15th Sep 17, 1:39 PM
    • #3
    • 15th Sep 17, 1:39 PM
    I havent spoken to any creditors on phone and not keen to do so. Hate all that, 'can we just ask you to confirm your d.o.b.' etc before they even start getting to the subject in hand.

    So I'm thinking that letters etc may continue for few months more, perhaps saying passing on to debt collection agency and then I can apply for moratorium, giving me 6 weeks to apply for sequestration (bankruptcy in Scotland) without any action by the creditors.

    I was thinking that if I at least contact them it would stall them from taking further action if they think that I might be starting to co-operate/talk about the debt.
    Last edited by Dell2u; 15-09-2017 at 1:41 PM. Reason: wanted to add something
    • tiggerbodhi
    • By tiggerbodhi 19th Sep 17, 4:30 PM
    • 351 Posts
    • 298 Thanks
    tiggerbodhi
    • #4
    • 19th Sep 17, 4:30 PM
    • #4
    • 19th Sep 17, 4:30 PM
    Hi, in my case it was fairly easy to keep them at bay for over a year, token payments etc, they really don't like taking you to court and getting CCJ's as at that point interest and charges are frozen and they are not allowed to keep hassling you for payments.

    More so if they are small amounts but lots of them, it may have changed on how quickly they progress things from five years ago, but in general IMHO you would be fine until December, just don't tell them you are considering BR as that tends to speed up the process to see if they can get a CCJ before BR (it will still be included in the BR though)

    I refused to deal with them over the phone, written only, refuse the security checks they love to open with, you honestly don't know if they are genuine callers, they could be phishing for fraud, I had a bit of a sick sense of humour so after going through security checks with them I would ask them "security" questions, what is their pets name, who won the 1966 world cup, normally they hung up on me.
    every time I manage to get one more breath into this body, I will sing a song of thanks to you my brothers, my sisters, my friends, may your sleep be peaceful, and angels sing sweetly in your ears.
    • coolcait
    • By coolcait 19th Sep 17, 11:25 PM
    • 4,095 Posts
    • 13,122 Thanks
    coolcait
    • #5
    • 19th Sep 17, 11:25 PM
    • #5
    • 19th Sep 17, 11:25 PM
    Since you're in Scotland, a creditor would have to get decree rather than a CCJ. It's one of those 'similar but different' situations.

    If the creditor was a 'public creditor' - such as a council or HMRC - they could get a Summary Warrant rather than a decree.

    The next step for any creditor, whether they had a decree or a summary warrant, would be to serve a charge for payment.

    A charge for payment gives you 14 days to pay the debt owed. The creditor can't do anything until the charge 'expires'. In other words, they couldn't serve a wages arrestment until at least the fifteenth day. It usually takes a bit longer than that.

    If you only have credit card debts, there's not much chance that the creditors will bother doing any of those things. They'll just try to hassle you into paying.

    A moratorium will stop a creditor serving a charge for payment or doing diligence (like a wages arrestment) or petitioning for your sequestration.

    In your shoes, I wouldn't apply for a moratorium until I had to. For me, that would be if a creditor had served a charge for payment - and I would apply for the moratorium round about the tenth or eleventh day after the charge had been served (just in case there were any admin things that needed to be sorted out).

    If you were sure that you already had the admin things sorted out, you could even wait until the fourteenth day to put in the moratorium.

    Once the moratorium starts, the creditor can't do anything with the expired charge for payment. They have to wait for six weeks.

    There's really no rush to put in the moratorium application. Credit card creditors generally don't get decrees or go for diligence anyway. But if they did, you'd be notified about it, and could then time the moratorium application to suit you.
    • Dell2u
    • By Dell2u 19th Sep 17, 11:43 PM
    • 19 Posts
    • 3 Thanks
    Dell2u
    • #6
    • 19th Sep 17, 11:43 PM
    • #6
    • 19th Sep 17, 11:43 PM
    Thanks coolcait that is helpful. I'll wait it out a bit longer then. Ta
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