Cash Gernie says the can deduct direct from my wages! Help!!

jamespounder1

I am currently negotiating with my creditors to get them to accept a reduced payement.

After contacting them they have said my payement isnt satisfactory enough (although its all i can afford) they said that the can contact my employer and arrange for the debt to be deducted directly from wages!!!

Is this possible? Anybody had any experience of this?

Any help would be greatly appreciated..

Many thanks

JP

Tixy

Hi James

They are talking about an attachment of earnings - this only happens the creditor has been to court and obtained a CCJ and you then fall behind on the CCJ repayments.

See this factsheet - http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=22_attachment_of_earnings_in_the_county_court

So yes its possible in theory but they are using it as a scare tactic.

jamespounder1

The exact words where "Due to your implicit agreement with Cash Genie UK Limited, we can contact your employer without the need for a court order, and request a deduction directly from your wage to settle this debt,"

This make me think that this was written in my CCA...

Thanks

JP

fermi

jamespounder1 wrote: »

"Due to your implicit agreement with Cash Genie UK Limited, we can contact your employer without the need for a court order, and request a deduction directly from your wage to settle this debt,"

Utter bullwarks.

No creditor has the right to do that, even if it should be in a contract.

jamespounder1

Oh i hope so. The though is awfully scary!

Thanks for your replies

Ames

As far as I understand it, in all contracts there's law behind it that can't be broken. For instance, if you rented a house and the landlord put in the contract that he wasn't going to do any gas or safety checks for 20 years, then the law that said it has to be done every year over rules him. With financial contracts, the laws that say they can't dip into your wages over rule whatever's in the contract.

jamespounder1

Is there anything i can do to prevent them doing this?

Many thanks

JP

Ames

To prevent them doing what? Taking you to court for a CCJ? Not a lot. But if you show willing and are trying to make regular payments of what you can afford then if you turn up to court then they're unlikely to make you pay more than that. As long as you stick to that, then they can't go back to court to get attachment of earnings/make you bankrupt/take the soul of your first born/whatever else they threaten.

jamespounder1

Thanks, I dont think i should be concerned about the CCJ, I just want to pay my debts off realisticly..

Many thanks for your replies

JP

Cumbrian_Male

They can not make deductions from your wages.

If they rang your employer and disclosed your debt they would be in breach of the data protection act.

OFT Debt Collection Guidance PDF

Oneday77

Your employer can only carry out instructions to make deductions from yopur wages by either the means of PAYE(TAX/NI/Student Loan), deductions of your choice(Child Care scheme, Pension, Union, work savings scheme, many more voluntary) and court issued attachment of earnings.
Yes if they go through a court you could end up with an AoE but if the court sees your willing to make payments your fine to a point.