Stirling Park - Wages Arrestment Cancelled But Money Still Debited.

xelectro

Hi everyone, I'm new and need a bit of advice before I call Stirling Park on Monday.

To shed some light, I lived in a flat while I was a student. I lived with my best friend at the time however she was not a student hence making me still liable to pay Council Tax. I later found out that my flat mate had not been paying rent or council tax for 9 months, leaving a massive bill for us to clear. She moved out when I was away one time and left me to deal with it. Naturally I've been paying the minimum possible as I feel this is not my debt.

Anyway, I've now been paying this for about a year. And I missed a payment in January due to some personal issues with my bank and direct debits. They tried contacting me a couple of times but due to my work schedule, it coincides with their opening hours and could not respond.

Next thing I know, Stirling Park have instructed Legal Action, and have clamped a wages arrestment on to my earnings. Clearly shocked, I called and tried to have this resolved.

In order to have the wages arrestment cancelled, I had to pay £130. As well as this I agreed to make £100 payments from 25th April 2012. I grudgingly obliged. She agreed then that a letter would be sent to my employer cancelling the wages arrestment, and I was informed not to worry my salary would not be in jeopardy. The first payment would be taken on the 25th April as agreed.

The balance after paying the £130 is now £371

HOWEVER. I have received my payslip this morning and £281 and some pence has been taken via Wages Arrestment. This totally was not ehat was agreed between myself and Stirling Park. my current situation means that I need every penny of my wage in order to get by a month.

Do I stand a chance of getting a cheque for the amount as a refund, as they broke the agreement? i really need the money and I find it unacceptable that they still proceeded with this after informing me of the cancellation.

Please help guys, thanks

Jamie

rising_from_the_ashes

Have you got anything in writing confirming that the wages arrestment would be cancelled?

If so, then you should hopefully be able to get the arrested funds returned.

ETA: sorry but I'm not clear where the £281 figure has come from - was this the originally authorised arrestment amount?

xelectro

This was the figure worked out from my wage. it's a set fee plus a percentage of your monthly income. So mine worked out as that figure. I have a letter sent saying that they had ceased legal action and have an agreement of the payment schedule, yes

CIS

I later found out that my flat mate had not been paying rent or council tax for 9 months, leaving a massive bill for us to clear.

If you were a student (for council tax purposes) during this time then you cannot be held jointly liable with your flatmate.

rising_from_the_ashes

Hopefully you should be able to get a refund from them - phone them on Monday and quote the reference from the letter and say that paying the £130 as agreed and them then taking the arrestment, after stating / putting in writing that it wouldn't be has left you in severe financial hardship.

I would then follow up the conversation in writing & enclose a copy of the letter they sent outlining the new terms of repayment.

I'm afraid I don't know how successful it will be or how long it will take to get the refund (if successful) though.

rising_from_the_ashes

CIS wrote: »

If you were a student (for council tax purposes) during this time then you cannot be held jointly liable with your flatmate.

Funnily enough I was just thinking along the same lines .... what steps have been taken to chase your friend for the debt.

Are they chasing you for the whole debt or your "half" (which I agree doesn't exist if you were a student at the time)

If you were not liable for the bill originally, I would be presenting evidence of this and asking for the debt to be transferred solely to her name.

xelectro

I should explain that I lived firstly with my partner until we broke up. We were recognised as a joint council tax. When my partner informed council that he moved out and my friend had moved in...the council tax was still in joint names. Also it's worth mentioning that our tenancy agreement had both our names on and did not have two seperate. i was young and stupid....and ive learned from that error! lol!

rising_from_the_ashes

Just wondering ..... depending on how early your pay department processes before you're actually paid - is it possible that they weren't informed that the arrestment was cancelled in time to sort it out?

xelectro

rising_from_the_ashes wrote: »

Funnily enough I was just thinking along the same lines .... what steps have been taken to chase your friend for the debt.

Are they chasing you for the whole debt or your "half" (which I agree doesn't exist if you were a student at the time)

If you were not liable for the bill originally, I would be presenting evidence of this and asking for the debt to be transferred solely to her name.

They always hit me with "for DPA we cant tell you whether or not shes paying" but I know that she is not, as the balance only reduces as I make payments. When I ask what is being done they tell me not to worry and she is being pursued for the debt too.

She doesn't work. She moves address every few months and she changes her telephone number.

Therefore, I am the one being severely penalised.

(hehe, penalised)