Arrestment of wages - Scotland

LindaLou86

From what I've read a charge of payment is different than arrestment of wages

The £25 fee was rbs billing me an administrator charge for Hitachi asking them to take money from me!

The lady in the call center wasn't much help she just said Hitachi had applied for it.

If they only have one chance at taking it then who knows, if anyone else can clarify this?

If the bank take even £25 a week off of us that is enough to have us out on the street

LindaLou86

This is quoted from another forum, they say the same that if the money isn't on on the day they ask for it they can't take any future payments.
This is years ago though


Once a bank or building society has received a schedule of arrestment, the debtor's credit balances on that day are frozen.This means the bank will not pay out these funds to anyone. There is a protected minimum balance of £370 below which a deduction cannot be made. The normal practice is for the bank to transfer all arrested funds into a separate suspense account. If more funds come into the debtor's account after the day on which the arrestment was presented these should not be frozen and should be available. This has been established in case law.

Caz3121

from RBS website on charges

charge for court orders/legal processes served on the Bank brought on by a 3rd party against a customer (Scotland only). For example, when a court order brought about by a third party against you, forces us to freeze your account. £25 (minimum)

http://personal.rbs.co.uk/personal/current-accounts/rates-and-charges/current-account-rates-and-charges-before-4-july-2011.html

LindaLou86

Thanks, well I'm still hoping that they had one opportunity to take the money on that day alone and if they want to try again they need another order for change

Other forums suggest that this is a creditors way of showing a debtor there willing to pursue the debt and probably make the debtor bankrupt which would be what I'd like

The debt is from April 2012 and I've had no written communication so they debt would be statue barred in 2017 which is a long time for them to make me bankrupt.

Angry_Bear

LindaLou86 wrote: »

The debt is from April 2012 and I've had no written communication so they debt would be statue barred in 2017 which is a long time for them to make me bankrupt.

I don't believe you're right there (although you should get proper advice). If a decree has already been granted then it never becomes statute barred. Your creditor has up to 6 years to try to take action against you through the court, and it appears they've already started that process.

You'd be better getting in touch with them to come to an agreement than trying to hide. Maybe get in touch with National Debt Line or CCCS for advice?

LindaLou86

Well the default should be removed from my credit file after six years, I've had one removed before after six years

I know once a decree is granted it will stay on my credit file for six years, no decree is showing on my credit file at the moment despite it being granted in 2013

I'm going to citizen advice to see if they can help, I know now I have a charge for payment I can proceed to make myself bankrupt

National_Debtline

LindaLou86 wrote: »

Well the default should be removed from my credit file after six years, I've had one removed before after six years

I know once a decree is granted it will stay on my credit file for six years, no decree is showing on my credit file at the moment despite it being granted in 2013

I'm going to citizen advice to see if they can help, I know now I have a charge for payment I can proceed to make myself bankrupt

Hi Linda


Based on what you've said about your situation, you may be eligible to apply for bankruptcy through the new Minimal Asset Process (MAP), in which case the fee will only be £90 rather than £200. It wouldn't matter whether you'd had a charge for payment or not to take this route. Citizens Advice can help you apply for this when you see them if you meet all the criteria. In the meantime you can find out more via our bankruptcy fact sheet:


https://www.nationaldebtline.org/S/factsheets/Pages/01%20SCOT%20Bankruptcy/Default.aspx


On a separate note, once a creditor has obtained a decree against you, they actually have up to 20 years to use diligence like bank arrestments. Of course, if you do go bankrupt that won't matter in the slightest as the debt will be wiped out.


Dennis
@natdebtline

LindaLou86

Hi, my debt is actually just slightly above £17,000

Equifax reports £17,800 but I worked it out as nearer £18,600

It say the map ceiling limit is £17,000, does that mean I would have to go down the other route and pay the £200 to go bankrupt?

At the moment I couldn't even afford £200, my landlord put our rent up again hoping we get a council house soon that would allow us to start paying things off