another scottish question...

psp1234

Hi,

does anyone know if wage arrestment is enough to apply for bankruptcy in Scotland? I thought it had to be a charge for payment or statutory demand only...

If you can apply with wage arrestment - what stage? When you get a letter notifying you? Or once your wages have actually been arrested?

Thanks again!!

mustbedebtfree

Only after a charge for payment or Statutory demand

Have your wages been arrested and you have never recieved either of the above?

dottypops

Hi - just read this too - I thought that in order to have your wages arrested you had to receive a charge of payment in the first place?

psp1234

Hi,

no neither of these, it was just after I'd spoken to the lady at the national debt line, she had mentioned it - if your wages get arrested you're apparantly insolvent, therefore you can apply for bankruptcy?? I wish I'd had the sense to ask about it at the time... I think I'll phone aib later and see what they say...

mustbedebtfree

psp1234 wrote: »

Hi,

no neither of these, it was just after I'd spoken to the lady at the national debt line, she had mentioned it - if your wages get arrested you're apparantly insolvent, therefore you can apply for bankruptcy?? I wish I'd had the sense to ask about it at the time... I think I'll phone aib later and see what they say...

Seems very strange to me!

I thought you had to have not paid after having recieved them, then they went to court to try and enforce an arrestment

Let us know how you get on, i'd be very keen to see how you get on.

Also who has issued the arrestment? (if you dont mind me asking)

MBDF

psp1234

Hi,

Thank you!

No-one as issued an arrestment yet - I was trying to wrok out what would happen next!

Just found this on the scottishdebtline website. You were right and I think I was getting confused! This is good news for us I think...



The Charge for Payment is your last chance to pay the debt in full. If you are unable to do this within 14 days, the Charge for Payment is said to expire which then allows the creditor to pursue one of the following diligences (formal debt enforcements):

• Wage Arrestment, to take payments direct from your salary. This will involve your employer.
• Attachment of goods outside your home e.g. car, in garage or driveway.
• Exceptional attachment, which would allow a Sheriff Officer entry to your home to remove and sell your goods at auction.
• Apply for your bankruptcy

A creditor CANNOT take the above enforcement action without first obtaining a Decree and issuing a Charge for Payment.

mustbedebtfree

Yeah thats the same info i had read and absorbed many a time

So that means that you have had a Charge for payment issued but just never recieved it.

Not sure how you would go about getting a copy (if you would need it)

Give AiB a call and ask i'll they need proof of the Charge for payment or if the arrestment is enough