Wage Arestment that wasn't supposed to be paid

chris131313666

Hi there, need a bit of advice here.

I live in Scotland so Scottish law should apply, but my employer is based in England and has been using English law.

I got a wage arrestment for council tax, which is fine. But then I got a letter from the court saying that the same company was applying for a second wage arrestment, for a £40 bill that with charges was going up to £190, and I could appeal if I wanted. I appealed, because they never asked me for that money - I would have just paid the £40 if they had.

I sent my appeal in two weeks ago - within the date. Last week, I got paid, and my employer had put £280 to the first wage arrestment and £190 to the second one. I contacted the debt company (Alex M Adamson) and they refused to believe me - insisted there could only be one payment taken out. I told them I have proof, I have the wage slip, a chain of emails with my payroll department where it is confirmed, but they insist it didn't happen.

I contacted the court. They said my employer had been advised that a wage arrestment was being sought, and shouldn't have paid any money out on it, then advised me to get a lawyer to deal with my employer.

But a lawyer will probably cost more than the £190. I don't know what to do, because if I win this appeal, then that's £150 more than I should be paying, but if I lose the appeal I'll need to pay the money anyway.

CIS

chris131313666 wrote: »

Hi there, need a bit of advice here.

I live in Scotland so Scottish law should apply, but my employer is based in England and has been using English law.

I got a wage arrestment for council tax, which is fine. But then I got a letter from the court saying that the same company was applying for a second wage arrestment, for a £40 bill that with charges was going up to £190, and I could appeal if I wanted. I appealed, because they never asked me for that money - I would have just paid the £40 if they had.

I sent my appeal in two weeks ago - within the date. Last week, I got paid, and my employer had put £280 to the first wage arrestment and £190 to the second one. I contacted the debt company (Alex M Adamson) and they refused to believe me - insisted there could only be one payment taken out. I told them I have proof, I have the wage slip, a chain of emails with my payroll department where it is confirmed, but they insist it didn't happen.

I contacted the court. They said my employer had been advised that a wage arrestment was being sought, and shouldn't have paid any money out on it, then advised me to get a lawyer to deal with my employer.

But a lawyer will probably cost more than the £190. I don't know what to do, because if I win this appeal, then that's £150 more than I should be paying, but if I lose the appeal I'll need to pay the money anyway.

Easiest way for now would be to speak to your employer and ask why they have taken £190 for an arrestment order. If the employer has the paperwork stating it should be taken then the employer is legally required to do so - you don't need a lawyer to ask them.