Omg Im So Embarassed And Stressed!!

babynada

Today I got a phone call to say that I had had a letter delivered to another branch of the shop I work at. It was a letter from local council saying they were arresting my wages! I am worried sick and humiliated that everyone knows my business! I dont know what to do now. Are they allowed to take my money...will they take it all? HELP!!!

fermi

The term "arresting my wages" suggests to me that you might be in Scotland?

National Debtline (or the other organisations in my signature) can offer you excellent free advice on how to deal with this.

Tel: 0808 808 4000 and look at http://www.nationaldebtline.co.uk/scotland/ (if you are in Scotland) or http://www.nationaldebtline.co.uk/england_wales/ (if you are in England/Wales.)

It would also probably be a good idea to ask on The Debt Free Wanabee forum here:

http://forums.moneysavingexpert.com/forumdisplay.html?f=76

Richard_S

Hi babynada,

I can understand the embarrassment but at least while they were revelling in your misfortune they'd be leaving someone else alone; they'll grow tired with it and it'll soon be somebody else's turn.

Have you had a CCJ against you from the council?

Richard_S

fermi wrote: »

The term "arresting my wages" suggests to me that you might be in Scotland?

National Debtline (or the other organisations in my signature) can offer you excellent free advice on how to deal with this.

Tel: 0808 808 4000 and look at http://www.nationaldebtline.co.uk/scotland/ (if you are in Scotland) or http://www.nationaldebtline.co.uk/england_wales/ (if you are in England/Wales.)

It would also probably be a good idea to ask on The Debt Free Wanabee forum here:

http://forums.moneysavingexpert.com/forumdisplay.html?f=76

Do they have a "Wage Free Wanabee" section fermi?:eek:

babynada

yes i have ccj. I just dunno whats next.....will they take the whole amount? i feel sick

Richard_S

babynada wrote: »

yes i have ccj. I just dunno whats next.....will they take the whole amount? i feel sick

Hi babynada,

I don't know whether the law works any different in Scotland, but if you didn't make an offer of payment at the Court hearing then they do tend to get a bit upset.

When are your wages due to be paid?

Can you get into the council offices and make an offer of payment; so much per month?

fermi

babynada wrote: »

will they take the whole amount? i feel sick

No they most definitely can't take it all!

By law they must leave you enough to reasonably live on.

If you phone one of the organisations in my signature and/or the council they can talk it all through with you, tell you what to do according to where you live, and most importantly put your mind at ease.

babynada

tomorrow!!! I feel so frightened....i have a son aged 1 and my rent is due!!

betterlatethannever

Again, i don't know how the law works in scotland, but i had an attachement to earnings put against my wages for non paid council tax( i didn't attend the court hearing) They took loads off at first but when i rang they were great about reducing it to a much more resonable level.
I know its easy to say, but try not to worry too much, i'm sure you'll get this sorted.

Richard_S

babynada,

You need to contact a Debt Advisor as soon as you can tomorrow.


http://www.scotland.gov.uk/Publications/2005/09/15105247/52488#7a



7A WHEN CAN MONEY BE TAKEN FROM MY WAGES, SALARY OR BANK ACCOUNT?


Earnings arrestment
If you are working, the money you owe can be taken from your wages or your salary by an earnings arrestment. But before this can happen your creditor will have taken you to court and got a court decree.
In most cases you will have been sent a charge for payment. This is a warning that unless you pay what you owe within 14 days they are going to take action to get the money that you owe them. After 14 days they can then use an earnings arrestment. Your employer may charge you a small amount for carrying out an earnings arrestment.
How does an earnings arrestment work?
Your creditor will send the earnings arrestment to your employer. Your employer must then make deductions from your wages or salary. You cannot ask or expect your employer not to do so. The deductions are made every pay day in the same way that tax is taken off your wages or salary. Your employer sends the money to the creditor who served the earnings arrestment.
Do I get a copy of the earnings arrestment?
Usually you will get a copy of the earnings arrestment. If not, you may ask your employer for a copy.
How much money can be taken out of my wages or salary?
There is a limit on how much money can be taken from your wages or salary. That limit depends on how much you earn and whether you are paid weekly or monthly or in some other way. The limit is fixed by law and your employer should have a note of how much may be taken from your wages or salary.
Remember that you can get help and advice, especially if you think the amount that is being taken from your earnings is wrong.
Bank arrestment
If you have money in a bank or building society account or with a credit union, the money you owe can be taken from your bank, building society or credit union account.
When can money be taken from my bank account?
Before this can happen your creditor will normally have taken you to court. In most cases they should also send you a charge for payment. This tells you that unless you pay what you owe within 14 days they are going to take action to get the money that you owe them. After 14 days they can then use a bank arrestment.
How does a bank arrestment work?
Your creditor sends the arrestment to your bank, building society or credit union. When the arrestment is served, the money, which you have in your account, is frozen and you cannot withdraw that money or use it to make other payments such as standing order or direct debit payments.
All the money in your account is frozen, even if that is more than the total amount which you owe.
When is the money taken out of my account?
Your creditor doesn't get the money that has been frozen right away. They have to go to court to force your bank or building society or credit union to release the money. The court will order your bank or building society or credit union to pay the amount that you actually owe. The court may also order you to pay the costs of doing this court action.
If you want to avoid paying the costs of this court action you can give permission to your bank or building society or credit union to release the amount that you owe.
DID YOU KNOW?

• Your creditor can use an earnings arrestment and a bank arrestment at the same time. This could cause you severe difficulty and you can apply to the court for time to pay your debt.

A money adviser can help to explain how wages and bank arrestments work and can help to make sure that only the amount which should be deducted is taken by your creditor - go to the back page for helpline details.

fermi

babynada wrote: »

tomorrow!!! I feel so frightened....i have a son aged 1 and my rent is due!!

It's natural to be scared if you haven't had to deal with anything like this before.

If you talk to the council and/or the advice organisations these things really can be sorted out.

Plus, as I said, even if they did take anything from your wages (which you can probably still avoid) they must by law leave you enough to live on. It probably doesn't feel like it at the moment but the law is there to protect you as well.