Earnings arrestment

Cait13

I have just been told my wages have been arrested for council tax 10 years ago. I accept that I need to pay this back as it's money I owe. However, I had absolutely no warning that this was going to happen at all! No letters saying this was going to court, or an opportunity to start repayments. I suspect that letters may have been going to my old, old address. But surely they can't do this when I've not been aware this was happening?

Any advice would be helpful

Thanks!

scotsbob

http://www.consumeractiongroup.co.uk/forum/dealing-debt-scotland/

Scroll down to the first Sticky

Cait13

So if I can apply to the courts to give me time to come up with a repayment plan can they still take money out of my pay while this is happening?

darkblue_2

In order for an earnings arrestment to be legal, a Sheriff Officer or Messenger at Arms should have served you with a charge for repayment of money. If they didn't, it's not competent and you can have it set aside by a Sheriff.

You should note, however, that if they didn't have your address, they could have served the document 'on the walls of court' (edictally) which means a photocopy of the charge was literally pinned to the walls of the court of session. This makes it valid.

Contact the Sheriff Officer branch and ask them how it was served. Try and come to a repayment plan with them, but the likelyhood is that they won't stop the arrestment.

Your best hope is that they mucked up and didn't serve the charge. You could plead ignorance and state that you hadn't been notified by the council. You'd be best telling that to the council who served it, as Sheriff Officers don't really care. They get their statutory fee so there's no reason they would have a heart.

lawley1010

darkblue wrote: »

In order for an earnings arrestment to be legal, a Sheriff Officer or Messenger at Arms should have served you with a charge for repayment of money. If they didn't, it's not competent and you can have it set aside by a Sheriff.

You should note, however, that if they didn't have your address, they could have served the document 'on the walls of court' (edictally) which means a photocopy of the charge was literally pinned to the walls of the court of session. This makes it valid.

Contact the Sheriff Officer branch and ask them how it was served. Try and come to a repayment plan with them, but the likelyhood is that they won't stop the arrestment.

Your best hope is that they mucked up and didn't serve the charge. You could plead ignorance and state that you hadn't been notified by the council. You'd be best telling that to the council who served it, as Sheriff Officers don't really care. They get their statutory fee so there's no reason they would have a heart.

I didnt think a charge needed to be served when the debt was Council Tax?

darkblue_2

The Bankruptcy and Diligence etc Act requires that a charge be served even under summary warrant, which is what councils use.