really worried

rockyroad_2

hi people,
wasnt sure where to post this. I am currently waiting on my Trust Deed (similar to IVA but Scottish) becoming protected. One of my creditors is a payday loan company Cheque Centre who I didnt pay last month - first time I have missed a payment and due to the advice i got prior to my Trust Deed. Now Cheque Centre have sent me a letter dated 25 September which I got today *there have been post strikes in my area* saying they may arrest my wages or take me to court if I don't respond to their letter within 10 days which would be on 5 October. I get paid not long after this but I really cannot afford for them to take my wages but as my Trust Deed isnt protected yet then I think they could do this. What should I do? Obviously I dont have much money or I wouln't be going down Trust Deed route which is almost like bankruptcy - I am really worried now,hope someone can help me.

angelaf_3

Hi i'm sure people more knowledgeable than me will be along soon but didn't want to read and run. I know it's a very short time frame but could you open a new account and have your wages paid in there so that the company won't have your bank details. The Coop basic account seems popular here. I don't know if you would be able to open one online to speed things up or how quick your wages dept would be but might be worth a try

BeautyandtheBeast_3

Hi its sow on here at a weekend. no advice but thinking of you xx

Useless_with_wonga

Hi,
Don't panic. They can't just take your wages. They would need to process it through the courts for an attachment to earnings and that does not happen overnight. It takes ages to get to court despite what they might have you believe.
Sounds like a standard scare the pants off you letter. Obviously you can not afford to ignore it but equally there is no way on this earth that you are going to be standing in a court room in 10 days time either or have them taking money from your wages without a court order allowing them to do so.

rockyroad_2

Hi
thanks - my wages are paid into a totally different account. My Trustee for the Trust Deed sent a letter out explaining the process and inclusing my income and expendiure sheet so I got that this morrning I take it they would have got it too. I sent them a letter when I first sought debt advice explaining I was seeking debt advice and giving them the name of my advice worker. I was told not to pay them a token payment by the Trust Deed company as this shows what my money situation is like/.What should I do - ignore the letter and hope they receive my Official trust deed letter or should I contact them- have avoided all creditor calls so far as phone is on silent and they tend to phone during work hours.thanks

Useless_with_wonga

Hi,
I take it these guys are included in your Trust Deed which I understand to be the Scottish equivalent of an IVA.
Not sure of the differences between the two but as I understand it they achieve the same purpose.
Anyway in response to your question. They should have recieved the Trust Deed letter from your Insolvency Practicioner same as all of your other creditors and as should be fully aware that you are in the process of setting up a Trust Deed.
I am hazarding a guess that the letter you have received is a standard computer generated one where no human thought has been involved.
I would say you have two options 1/ Ask your IP to contact them and clarify your current position to them 2/ Contact them yourself and clarify what is happening namely you are in the process of applying for a Trust Deed and once it is secured they will see payments in accordance with the Deed.
All the best with your Trust Deed I hope that it all works out for you but even if you don't get it secured it's not the end of the world as I found out when my IVA proposal was rejected I just started down an alternate route into becoming Debt Free.

rockyroad_2

hi useless with wonga
did you write on here about what you did when it failed to become protected? would just like to see out of interest thanks rocky

mhairib_2

hi
having been in a trust deed myself I would contact your IP first thing on Monday morning. Like others have said it takes a long long time for an arrestment of wages to go through the system.

I wasnt making any payments to the companies included in my TD and they still accepted the token payment thro the TD allowing it to become protected. I havent heard of any TD not becoming protected, maybe someone else knows otherwise.

HTH

rockyroad_2

hi
my trust deed should take another 4 weeks before it gets protected. does court action/wages arrestment etc take longer than this or could it happen before them.i dont have a huge amount of debt but my wages arent great so thats why I couldnt manage anymore

mhairib_2

Like I said earlier, if you let your IP know what the situation is, he/she maybe able to get in touch with the company and inform them of your upcoming trust deed and may get the company to hurry up their response re becoming part of the trust deed.

I honestly dont think you're wages will be arrested as quick as Monday.

Good luck and let us know what happens.

BTW, entering into a trust deed was the best thing I ever did to deal with my debts, Ive finished mine now, it was a long road, but worth it 100% worth it.

take care

Useless_with_wonga

Hi,
Just logged back on been out for a while. To get deductions direct from your wages they have to get a CCJ (County Court Judgement) not sure if it's called the same under the Scottish court system.
Anyway they have to pursue you through court to get Judgement against you. I don't want to confuse you at this point with the full in's and outs of the process as it can become complicated and confusing besides it might not come to that for you if your Trust Deed goes ahead as hoped.
However the basics of it are they apply to the court for a Judgement to be made against you and you receive papers outlining their claim ( i.e Mr/Mrs X owes us X amount of money and won't pay as they agreed to do)
At this stage you can admit you owe X pounds and offer to pay in installments of £ X. Court then passes Judgement for you to pay it at your offer of £X and provided you pay it as ordered by the Court case closed thankyou and goodnight.
That process will take in the region of 6 to 10 weeks dependant upon the Court.
You can if you wish also defend their claim for example if you don't agree with the amount they claim that you owe etc. If you do this then the whole process slows down somewhat and takes longer to get before the Court.
I would not advise this as a delaying tactic as that will certainly upset the Judge but if you feel you have a genuine defence then I would say never lay down on account of these heavy handed Bully Boys and have your day in Court.
So as you can see it would only ever come to them getting an attachment to your wages if you ignored all Court paperwork were refusing to pay at all assuming that you had the means to pay and they got a Judgement against you.
Don't worry about it because it won't come to that. As soon as you make an offer to pay provided that it is genuinely what you can afford as evidenced by your incomings and outgoings no Judge is going to award an attachment to earnings that would only happen if you were refusing to pay but could clearly afford to do so.
In relation to your other question mine is a long story and I won't bore you with it all suffice to say I have learned a bit along the way and if I can help others in the same pickle by imparting a bit of what i have learned then i'll happily do it.
For now don't distress/upset yourself with the what if's. See if the Trust Deed goes ahead first and lets hope it does but if it does not then don't despair as there are alternatives and other directions to take to get yourself clear of the millstone of debt.