Arrestment of wages - Scotland

LindaLou86

Hi there

I've just checked my bank account and I have a £25 court fee, I had no idea what this was.

I called my bank they said Hitachi finance went to court and they can now arrest my wages, I knew about the court date but I couldn't attend.

I've received no paperwork at all after the court case, I wasn't pre warned about any arrestment of money.

The only money I receive is benefits, child benefit, tax credits and I also receive a student loan from my college.

My question is what might happen now? I've read if i only have £420 in my bank it's safe and they can't take it, I also read that if it would cause me serious hardship then they couldn't take my money.

If I'm only on benefits and don't work surely they can't freeze my money? I have a three year old son and I'm scared they'll take chunks of my money and leave me with not enough to live on.

Is the £25 court fee taken at the very start of the process to see if they can take my money or not? Id have thought they'd send a letter out asking what i could afford to pay..

I know I should have went to the court so i don't need to know that!

Thank you

jonesMUFCforever

How much do you owe and what for?
Have you moved and forgotten to update your address?

The bank will have to adhere to any court order so I would get in touch with Hitachi finance NOW - make time to do it.

LindaLou86

Hitachi know my address and I've lived here for two years!

Well only my student loan takes my bank balance to £620 it's never got more money than that in it so.

I called the bank they said just because they applied for the court order it doesn't mean they will or can seize my money due to my circumstances.

The debt is fairly large it's nothing that I could pay off, it's a higher purchase debt from a sofa I got around three years ago.

I'll need to contact Hitachi solicitors tomorrow and inform them of my circumstances, in the meantime all benefits will be switched to my husbands account and next month is my last student loan payment.

tomtontom

Does your husband not have the benefit of the sofa also?

LindaLou86

Don't really need your stupid answer tom but thanks anyway!

It's simple if we could afford to pay it we would have, we could when we bought it but due to unforeseen circumstances we can no longer afford it!

We can't pay what we don't have, I guess your one of those useless pathetic trolls I hear about Tom.

LindaLou86

Please only helpful answers, I'm going though enough rite now without having to listen to idiots in their high horse.

macman

Creditor would need to apply for a bank arrestment to take money from your account, if successful that account would then be frozen. I don't understand how they have obtained a wages arrestment if you have no employer.
Are you sure it's wages arrestment and not bank arrestment? You really need to talk to the creditor rather than guessing.

tomtontom

LindaLou86 wrote: »

Don't really need your stupid answer tom but thanks anyway!

It's simple if we could afford to pay it we would have, we could when we bought it but due to unforeseen circumstances we can no longer afford it!

We can't pay what we don't have, I guess your one of those useless pathetic trolls I hear about Tom.

The point is that you don't just have benefit income, you have a joint household income and you both have the benefit of the item purchased with the loan.

Call the lender and arrange a suitable repayment amount. Then go to the Debtfree Wannabe board where they can help you better manage your finances.

CHR15

Tell them your benefits only go Sofa.....
It might help cushion the blow.

LindaLou86

It's a charge for payment of money, I found the paperwork relating to it.

And our joint income is employment and support allowance, my husband can't work due to a serious motorbike accident.

Does this change anything if it's a charge for payment of money? It says the decree was granted in 2013 but I was only given this paperwork three months ago

Definitely no employer, the bank said Hitachi has asked them to freeze money but just because rbs has changed the £25 admin fee it doesn't mean they will freeze my money

I was advised to make myself bankrupt due to our circumstances, my husband was self employed and on a good income but that's all changed now

aggypanthus

macman wrote: »

Creditor would need to apply for a bank arrestment to take money from your account, if successful that account would then be frozen. I don't understand how they have obtained a wages arrestment if you have no employer.
Are you sure it's wages arrestment and not bank arrestment? You really need to talk to the creditor rather than guessing.

are you sure they freeze it?

my bank manager told me that arrestments give the bank one single opportunity to take money, if account funds low, they get nothing. He said the usualy wait till Fridays or end of month to action it, as chance of it being pay day.
No, they wont give notice, as defeats the surprise element.
They cant go in a 2nd time without another order.